Understanding What Proof of Presence Statements Are in 9/11 VCF Claims

When filing a claim for compensation with the September 11th Victim Compensation Fund (VCF), one of the most important eligibility requirements is proving that you were present in the New York City (NYC) exposure zone during a specific time frame. Whether you were a first responder, a debris removal worker, a NYC resident, or a downtown worker, student, or other visitor in Lower Manhattan, you must provide documentation that shows your physical presence in the NYC exposure zone between September 11, 200, and May 30, 2002. This is where presence statements come into play in supporting your claim.

Why Proving Presence Is Required in VCF Claims

The VCF was established to compensate individuals who suffered physical harm or death as a result of the terrorist attacks on September 11, 2001, and the debris removal efforts that followed. Proof of presence is necessary because it helps prove that the individual’s illness or death is related to exposure to toxic dust, fumes, and other hazards in the area surrounding Ground Zero or the other crash sites. The VCF uses this information to determine eligibility and ensure that compensation is distributed to those who were impacted by the attacks.

What Is a 9/11 Victim Compensation Fund Victim Presence Statement (VPS)?

A 9/11 Victim Presence Statement (VPS) is a written declaration provided by the person filing the VCF claim (the claimant) affirming their own presence in the Exposure Zone. This statement includes specific details such as:

• Dates and time periods of presence
• Exact location(s) in the Exposure Zone where the individual was physically present
• The type of activity being performed (working, volunteering, residing, attending school)
  
  

While the VPS is an important piece of evidence, it is often not enough to prove presence on its own. The VCF typically requires at least one additional primary form of presence documentation to support the claim.

What Is a 9/11 Victim Compensation Fund Witness Presence Statement (WPS)?

A 9/11 Victim Compensation Fund Witness Presence Statement (WPS) is a sworn statement from another person, such as a co-worker, supervisor, friend, or neighbor, who can verify that the claimant was present in the Exposure Zone during the required time. The WPS should include:

• The witness’s full name and contact information
• A clear description of how the witness knows the claimant
• Details about the time, date, and location where the claimant was observed
• A signed and dated declaration under penalty of perjury
  
  

When Is a 9/11 Presence Statement Required?

Witness presence statements are generally required in the following situations:

• No Definitive Proof of Presence Documents exist
• No official records (e.g., pay stubs, school transcripts, or utility bills) are available
• The available documentation is incomplete or lacks specific dates
• The claimant’s presence occurred in a more informal or undocumented capacity (volunteers, day laborers, undocumented workers)
  
  

In these situations, witness presence statements serve as a supplement to establish proof of presence.

Common Mistakes to Avoid When Submitting 9/11 Presence Statements

9/11 Presence statements can be rejected or delayed by the VCF if they are incomplete or inconsistent. Here are some common mistakes to avoid:

• Vague or missing dates 
• Inaccurate locations 
• Lack of detail about the relationship between the claimant and the witness
• Unsigned statements or statements not sworn under penalty of perjury
• Submitting duplicate or identical wording across multiple statements, which may be seen as inauthentic
  
  

An experienced Hansen & Rosasco 9/11 Victim Compensation Fund attorney can help ensure that your presence statements meet all legal requirements.

How to Submit Presence Statements to the 9/11 Victim Compensation Fund (VCF)

Presence statements should be submitted as part of your initial VCF claim or in response to a specific request for additional information. At Hansen & Rosasco, we help all our clients every day do this thoroughly, quickly, and efficiently. The documents can be uploaded through the VCF’s online claim system or mailed in as a hard copy. All statements must be signed and dated. If you're submitting a WPS, make sure it clearly demonstrates that the witness has firsthand knowledge of your presence in the NYC Exposure Zone during the qualifying period.

Contact a 9/11 Victim Compensation Fund (VCF) Attorney to Help You With Your Presence Documentation

Proving your presence in the NYC Exposure Zone isn’t just about submitting statements; it’s a highly technical and nuanced process. The VCF recognizes two types of evidence for establishing presence: primary and secondary forms, each with strict requirements that can be challenging to satisfy. Even seemingly straightforward contemporaneous documents can be rejected if they lack precise dates, verified origins, or proper chain-of-custody. Failure to submit exactly what the VCF expects for your specific scenario can cost you a claim.

• Primary Proof of Presence includes pieces of documentation such as third-party verification sent directly to the VCF (like employer letters or union records), or contemporaneous documents that were created in the ordinary course of business between September 11, 2001, and May 30, 2002. These might include pay stubs, official rosters, dispatch records, utility bills, mortgage statements, rental agreements, school transcripts, all with corroborating detail and timestamps.
  
  
• Secondary Proof of Presence may be used when primary documentation isn’t available, such as witness statements, photos, or medical or travel records. However, these are inherently less reliable and often require multiple well‑executed statements (for example, at least two different witnesses). Incomplete, vague, or improperly formatted secondary evidence can result in delays, requests for more information, or outright denials.
  
  

Collecting and submitting presence documentation on your own isn’t just difficult - it risks derailing your claim completely. Don’t leave this to chance. A knowledgeable 9/11 VCF attorney ensures your documentation is rock-solid, your claim is ready for review, and you’re positioned to receive the compensation you rightly deserve.

If you or a loved one were present in the NYC Exposure Zone or at one of the other crash sites, at the Pentagon or in Shanksville, Pennsylvania, on or after September 11, 2001 and are now suffering from a 9/11-related illness and need medical care through the World Trade Center Health Program (WTCHP), our experienced legal team can assist you with gathering presence documentation, filing your 9/11 Victim Compensation Fund claim, and ensuring compliance with all requirements.

Contact us today for a free consultation to learn how we can help you secure the compensation you are entitled to. You don’t have to go through this process alone; our dedicated VCF attorneys will help you every step of the way.