“Maximum Time Intervals” – The Importance of a Diagnosis Date for a 9/11 Breathing and Digestive Disorders

In determining if a breathing or digestive disorder is related to the exposure to the 9/11 dust and fumes the World Trade Center Health Program (WTCHP) and the September 11th Victim Compensation Fund (VCF) generally require that the victim claimant be treated and diagnosed with the condition within five years of their 9/11 exposure (a “maximum time interval”). There are exceptions to this five-year rule (also called a minimum latency period), including exacerbated or new-onset COPD and all types of interstitial lung disease (ILDs). 

Determining if a particular breathing or digestive condition is 9/11-related under the rules of the WTC Health Program and VCF is often tricky, so it’s strongly suggested that a potential 9/11 claimant get guidance and advice. Satisfying the maximum time interval and the other 9/11 program rules is essential if you want to qualify for lifetime medical treatment through the WTCHP or financial compensation through the VCF.

What Are 9/11-Related Aerodigestive Disorders?

Aerodigestive disorders affect both the respiratory and digestive systems, particularly the upper airways and the esophagus. These disorders became increasingly common among individuals who were present in the 9/11 exposure zone, which includes the area south of Canal Street in Lower Manhattan, the Pentagon site, the Shanksville, Pennsylvania crash site, and, for recovery workers, the routes of debris removal and the Fresh Kills Landfill on Staten Island.

During and after the attacks, many individuals breathed in toxic dust and debris that contained several hazardous materials, including pulverized concrete, glass, asbestos, lead, and more. As a result, first responders, recovery workers, and other individuals present in the areas, including downtown Manhattan workers, residents, and students, began experiencing persistent respiratory and gastrointestinal symptoms.

Recognized Aerodigestive Disorders and Their Maximum Time Intervals

The WTCHP has established maximum time intervals for each recognized aerodigestive disorder. This means your condition must have appeared within a specific time period after your 9/11 exposure in order to be certified as a 9/11-related condition and to qualify for medical coverage and financial compensation. 

The maximum time intervals vary depending on the length of time a person was present in the exposure zone and how close they were to the crash site. No minimum time intervals are applied. The maximum time intervals and categories determined by the administrator for the WTCHP are as follows:

• Category I: WTC-Exacerbated and New-Onset Chronic Obstructive Pulmonary Disease (COPD) – No maximum time interval.
• Category II: Other Obstructive airway diseases (OADs), including chronic respiratory disorder, asthma, reactive airways dysfunction syndrome (RADS), and chronic cough syndrome — Maximum time interval is 5 years.
• Category III: Upper respiratory diseases (URDs), including upper airway hyperreactivity, chronic rhinosinusitis, chronic nasopharyngitis, and chronic laryngitis  — Maximum time interval is 5 years.
• Category IV: All types of interstitial lung disease (ILDs) — No maximum time interval.
• Category V: Co-occurring Gastroesophageal reflux disease (GERD) (GERD co-occurring with an aerodigestive disorder in Category I, II, III, or IV) – Maximum time interval is 5 years.
• Category VI: Isolated GERD (GERD not co-occurring with an aerodigestive disorder in Categories I, II, III, or IV) — Maximum time interval is 1 year.
  
  

The Administrator has determined that a maximum time interval should not be exceeded unless highly unique exposure circumstances can be documented for that individual. This is why it's important to gather as much documentation as possible about your presence in the 9/11 exposure zone and when your symptoms first appeared. The specific exposure circumstances of your case will be considered in the certification process.

These maximum time intervals apply only to new-onset aerodigestive disorders. For certification of a pre-existing aerodigestive health condition that has been aggravated by 9/11-related toxic exposures, the WTC Health Program will evaluate each request on a case-by-case basis.

Please note that sleep apnea exacerbated by or related to a 9/11-related condition is included as an
aerodigestive disorder on WTCHP’s list of health conditions. However, a maximum time interval for certification of sleep apnea as a WTC-related health condition has not been determined.

Pursuing Compensation for 9/11-Related Aerodigestive Conditions

If you’ve been diagnosed with an aerodigestive disorder and believe it may be linked to your 9/11 exposure, you could be eligible for free medical care and financial compensation to cover your economic and non-economic losses. 

1. Free Medical Care Through the WTCHP: The WTCHP offers no-cost healthcare, including annual screenings and mental health support, to certified members. This includes treatment for aerodigestive conditions, prescription coverage, specialist referrals, and more. Eligibility for the WTCHP program requires proof of presence in the exposure zone between September 11, 2001, and May 30, 2002. Accepted documentation includes pay stubs, utility bills, rental agreements, student records, daycare records, ID cards, affidavits, or employer letters.
2. Financial Compensation Through the VCF: Once your illness is certified by the WTCHP, you may be eligible to file a claim with the September 11th Victim Compensation Fund for financial compensation. The VCF can provide compensation for pain and suffering, reimbursement for lost income, reduced earning capacity, or lost benefits, survivor benefits for the families of deceased individuals, and coverage for out-of-pocket medical expenses not paid for by the WTCHP. To file a VCF claim with the VCF, you must have your condition certified by the WTCHP, submit proof of your presence in one of the exposure zones between September 11, 2001 and May 30, 2002, and register with the VCF by the deadline applicable to your individual circumstances, typically within two years of onset of onset of symptoms or death, or when you knew you were eligible to apply, depending on the circumstances.
   

Speak With an Experienced 9/11 Lawyer

Understanding the maximum time intervals, getting your illness certified as 9/11-related through the WTCHP, and filing a claim with the VCF can be daunting. Deadlines, eligibility requirements, and required documentation can feel overwhelming when you’re already managing a serious health condition.

That’s where an experienced 9/11 lawyer comes in. A dedicated 9/11 attorney can help you:

• Understand how maximum time intervals apply to your specific diagnosis
• Collect the documents needed to prove your presence in the exposure zone
• Navigate WTCHP registration and certification
• Register with the VCR and submit a complete and accurate VCF claim
• Maximize your compensation
• Appeal denials or amend your claim, if needed
  
  

If you're suffering from a 9/11-related aerodigestive disorder, you're not alone. Support is available. At Hansen & Rosasco, LLP, we have been advocating for people like you for decades.  Speak to one of our trusted 9/11 attorneys today to take the first step toward getting the medical support and financial compensation you need and deserve.