What Can Be Used to Show Your Proof of Presence for the VCF
One of the most important requirements when filing a claim with the 9/11 Victim Compensation Fund (VCF) is proving you were present in the NYC Exposure Zone between September 11, 2001 and May 30, 2002. This step, called proof of presence, is essential for establishing eligibility for compensation. The VCF cannot process your claim without documentation showing that you lived, worked, went to school, volunteered, responded, or were otherwise in the affected area during the months when toxic dust and debris contaminated lower Manhattan. Fortunately, there are several documents that can be used to show your proof of presence. Here, we explain what proof of presence is, who must provide it, what documents the VCF accepts, common challenges, and what you can do if you no longer have proof of presence records.
What Is “Proof of Presence” and Why Does the VCF Require It?
Proof of presence is evidence that confirms you were physically present at one of the 9/11 crash sites, debris removal locations, or within the NYC Exposure Zone during the designated time period.
The VCF requires this because eligibility for an award is dependent on exposure to toxic dust, smoke, and debris that covered lower Manhattan after the attacks. Without proof of presence, the VCF cannot confirm that your health condition is due to 9/11 exposure.
Who Needs to Provide Proof of Presence?
Everyone filing a VCF claim must prove presence, including:
- Residents living in the exposure zone
- Workers and volunteers, including construction workers, office employees, cleanup workers, and government personnel
- Students, teachers, and school staff
- First responders and non-traditional responders
- Individuals involved in debris removal, even off-site
The only exceptions are for certain groups who qualify for “Definitive Proof of Presence” (explained below). For everyone else, proof must be established through accepted forms of documentation.
Accepted Forms of Proof of Presence for the VCF
The VCF allows two types of presence documentation: primary and secondary.
Primary Proof of Presence
Primary evidence is the strongest type of proof and usually gets processed faster. It independently confirms you were in the exposure zone. Examples include:
- Employer records, including pay stubs, HR letters, work schedules, or badge logs
- School or class transcripts or enrollment records
- Union records
- Government agency records for responders
- Housing or lease documents showing a residential address in the zone
- Utility bills from the relevant time period
- Official site access records for cleanup or debris removal crews
- Medical records from appointments within the zone
If a document is dated, credible, and ties you to a location inside the exposure zone, it likely qualifies as primary evidence.
Secondary Proof of Presence
If you cannot produce primary documentation, the VCF accepts secondary proof of presence. However, these require strong corroboration. Secondary evidence accepted includes:
- Witness presence statements – from employers, coworkers, neighbors, teachers, or anyone with firsthand knowledge of your presence
- Contemporaneous communications, such as emails or letters referencing your location
- Personal documents, such as travel records, if clearly dated and location-specific
- Photos or videos, under certain conditions (explained in FAQs below)
Secondary evidence must be consistent, credible, and specific. The VCF usually requires two forms of secondary proof or one form plus a witness statement.
Common Proof of Presence Challenges
Many claimants struggle to find proof of presence documentation from 2001–2002 because:
- Employers closed, merged, or no longer keep records
- Volunteers never received formal paperwork
- Housing records were lost in moves
- Schools purged old attendance logs
- People relocated soon after 9/11
- Health care providers destroyed older files
These challenges are common, but an experienced 9/11 attorney has procedures to help claimants overcome them.
What to Do If You Can’t Find Proof of Presence
If you can’t locate any documentation:
- Request old records from employers, unions, schools, or landlords; even if they no longer exist, you may be able to obtain letters verifying that records were destroyed.
- Use witness presence statements, which can carry significant weight when credible and detailed.
- Search for secondary documents, like old emails, ID badges, or 2001-2002 tax records listing an NYC workplace.
- Consult a 9/11 VCF attorney who can help structure your evidence so it meets VCF standards.
- Check whether you qualify for “Definitive Proof of Presence.”
Many people who initially believe they have no evidence ultimately succeed once an attorney helps them gather or reconstruct documentation.
Proof of Presence FAQs
1. Are photos, videos, or other documents valid as proof of presence? Sometimes—only if they meet VCF criteria and are accompanied by other forms of proof. Photos or videos may be accepted as secondary evidence if they:
- Are clearly dated
- Show you physically present at a 9/11 site or in the exposure zone
- Include verifiable location details
- Are supported by at least one witness statement or additional document
Photos alone are not enough but can strengthen other evidence and help ‘paint a picture’ for your complete VCF claim.
2. Are any employees auto-approved for presence?
Yes. The VCF maintains a list called Definitive Proof of Presence, which includes certain:
- Government workers
- Union members
- NYC students and teachers
- Contractors involved in rescue, recovery, or debris removal
- Volunteers with the Salvation Army and Trinity Church
- Bank employees
If you are on this list, you may not need to submit additional documentation because the VCF already has verified records tying the employer to covered worksites.
3. What happens if I do not have any witnesses or documents, but I know I was there? Unfortunately, personal recollection is not enough to prove your presence with the VCF. The VCF requires objective evidence. If you have no documents or witnesses:
- Attorneys may be able to locate former coworkers or supervisors
- You may be able to find secondary evidence you didn’t realize was relevant
- You may use sworn statements from individuals who can confirm your routine, workplace, or residence
- You can obtain a letter of “records unavailability” to support secondary evidence
At Hansen & Rosasco LLP, we have found that most claimants are able to establish proof of presence with the right support.
Contact an Experienced 9/11 VCF Attorney to Strengthen Your Submission
Proving presence can be one of the most challenging parts of a VCF claim, especially when trying to track down documents from over 24 years ago. An experienced 9/11 attorney can help you identify documentation, meet VCF standards, and build a strong presence package so your claim can be approved without unnecessary delays.
If you need help gathering records, drafting witness statements, or determining whether you qualify for definitive proof of presence, reach out to a trusted 9/11 VCF attorney at Hansen & Rosasco, LLP for guidance.
