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Frequently Asked Questions (FAQ) The Frequently Asked Questions provide additional information about various aspects of the Victim Compensation Fund. Click the section to see questions and answers pertaining to that topic. You can also download the full PDF version for your reference. If you have any additional questions, or would like any further information, please call our toll free number 1-855-885-1555. If you are a TDD user, you can call 1-855-885-1558. Section 1. General Issues 1.1 What is the September 11th Victim Compensation Fund? 1.2 Who is eligible for the new VCF? Updated: December 5, 2011 1.3 When did the VCF begin accepting claims? Updated: December 5, 2011 1.4 How long will I have to file a claim with the Fund? 1.6 How is the VCF different than the World Trade Center Health Program? 1.7 Where do I get and submit the appropriate forms for filing a claim with the Fund? Updated: November 22, 2011 1.8 Does it cost anything to file a claim? 1.9 How will I know that my claim has been received? 1.10 Can more than one person file a claim for the same individual? 1.11 How do I find out who has submitted a claim? 1.12 My business was impacted by the events of September 11th; can I get money from this fund? 1.13 Can I have someone else talk to the Special Master's office about my claim? 1.15 Why are Claimant and Decedent names published on the DOJ website? 1.16 How can I get assistance with my claim? 1.17 Is it possible to authorize multiple individuals to talk with the VCF about my claim? Added: January 25, 2012 Section 2. Eligibility 2.1 Who is an eligible Claimant? 2.2 What are the 9/11 crash sites? 2.4 How do I prove that the individual was present at the site? 2.5 If I submit documents such as employer records or proof of residence, do I still need to submit affidavits regarding my presence at the site? Updated: April 19, 2012 2.6 How many documents related to my presence at the site do I need to submit? Updated: April 19, 2012 2.7 If the original VCF (VCF1) accepted the proof of presence at the site that I submitted in support of my original claim, do I need to re-submit proof to the VCF to support my current claim? Updated: November 22, 2011 2.8 What type of injury must a Claimant or decedent have suffered to be eligible for compensation? Updated: December 5, 2011 2.9 For purposes of the VCF, who is a Responder? Updated: December 5, 2011 2.10 If I was not a Responder, am I eligible for the VCF? 2.11 What kind of medical documentation will be required for the VCF? Updated: April 19, 2012 2.12 If I applied to the original VCF, can I apply again now? 2.13 If I participated in a lawsuit related to September 11th, can I participate in the VCF? Updated: April 19, 2012 2.14 Do I have to live in New York to participate in the VCF? 2.15 If I do not live in New York, how can I participate in the VCF? 2.16 Are foreign nationals or residents eligible for the VCF? 2.17 NO LONGER RELEVANT Updated: April 19, 2012 2.18 If I need to submit a sworn statement/affidavit to show that I was present at a 9/11 crash site, what should that statement/affidavit contain? Section 3. Physical Injuries or Conditions Eligible for Compensation for Personal Injury or Death 3.2 If I have a physical condition that was a result of September 11th but is not a common condition, am I eligible for the VCF? Updated: December 5, 2011 3.4 Is cancer covered by the VCF? 3.6 How will the VCF determine if a condition was a result of September 11th? Updated: December 5, 2011 3.7 How do I prove that my presumptively covered condition is a result of the crashes or debris removal? Updated: November 22, 2011 3.10 Do I need to submit my medical records to the VCF if my condition has been certified for treatment under the WTC Health Program after July 1, 2011? Updated: April 19, 2012 3.11 When do I need to submit medical records? Do I need to submit “certified” medical records? What are "certified" medical records? Updated: April 19, 2012 3.15 Will side effects from taking September 11th-related medications be covered by the VCF? 3.16 If I have multiple conditions as a result of September 11th, will the VCF cover all of them? 3.17 If I am found eligible for the VCF, what treatments are covered? 3.18 What standards apply for an individual who has died? Updated: December 5, 2011 Section 4. Application Process Note: FAQs 4.3-4.8 were renumbered on November 22, 2011 and December 5, 2011. 4.1 What do I have to do to apply to the VCF? Which application form should I complete? 4.2 Where do I get the application form and how do I submit it? Updated: November 22, 2011 4.3 NO LONGER RELEVANT Updated: November 22, 2011 4.4 What does it mean to register for the VCF? Updated: November 22, 2011 4.5 NO LONGER RELEVANT Updated: December 5, 2011 4.6 Is there a deadline for filing the forms? 4.8 Once I file the claim form, what will happen? 4.9 Is it possible for law firms or other organization to submit claimant information in a “group” or “bulk” format so that the law firm can submit multiple claims at the same time? Added: March 30, 2012 Section 5. Personal Representative 5.1 Who is the Personal Representative of a deceased individual? 5.2 How do I get appointed Personal Representative by a State court? Section 6. Compensation Computations 6.1 Will the amount of awards be the same as in the VCF's first iteration, or will they be reduced? 6.2 How much money can I receive from the VCF? How do I figure out how much I will get? 6.4 Can I apply for both prior loss and future loss? 6.7 Do I need to list every single medical expense I have incurred as a result of my condition? 6.9 Can I seek compensation for my health insurance premiums? 6.10 What does "loss of earnings to date" mean? 6.11 What if I missed work but was still paid because of sick leave, vacation days, or comp time? 6.12 What type of documents do I need to submit to prove that I missed work and lost earnings? 6.13 What is included in the definition of income for military personnel? 6.14 What are replacement services? 6.18 Would you provide more information about the procedures for calculating the presumed economic loss? 6.19 What is non-economic loss? 6.20 How will non-economic loss be calculated? 6.21 How will the Special Master determine the amount of my collateral source benefits? 6.22 What may be excluded from the definition of a collateral source benefit? 6.23 Will collateral offsets that are paid periodically be reduced for the time value of money? 6.26 Will my workers' compensation be treated as a collateral offset? 6.27 How will the Special Master calculate the appropriate offset for "contingent" benefits? 6.30 Will the money the Decedent contributed to his/her pension be included in an offset? 6.31 How will the VCF determine an individual's level of disability or incapacity for purposes of calculating economic loss? Section 7. Waiver/Certification 7.1 What does it mean to waive rights to file a lawsuit? 7.2 Whose rights are waived by filing a claim? 7.3 When do I give up my rights to file other claims in court? 7.4 What happens if I file a claim with the VCF and also file a lawsuit against someone who is not a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act"? Updated: November 22, 2011 7.5 What documentation is required to demonstrate the timely "withdrawal" of a pending lawsuit related to September 11, 2001 - i.e., withdrawal of the lawsuit on or before January 2, 2012? Updated: April 19, 2012 Section 8. Funds and Awards 8.1 When will I receive my full award? Section 9. Hearing/Appeals 9.1 When can I have a hearing? 9.2 How long will hearings last? 9.3 Will I be able to have a hearing? 9.4 Who will conduct the hearings? 9.5 Can I present evidence or witnesses at the hearing? 9.6 Who can present information or evidence at the hearing? 9.7 Will decisions be made on the spot at a hearing? Section 10. Legal Issues 10.2 Can my VCF award be seized in a bankruptcy proceeding? 10.3 If I am eligible for the VCF, am I also eligible for veterans benefits? Section 11. Attorney-Client Issues 11.1 Do I need an attorney to participate in VCF? 11.2 If I choose to use an attorney, how will the attorney be paid? 11.3 If I was a plaintiff in another September 11th lawsuit, and my attorney signed a release before the bill was enacted and I opt in to that settlement, am I eligible for the VCF? Updated: April 19, 2012 11.4 Where can I find out information about the settlements achieved in New York courts? 1. General Issues 1.1 What is the September 11th Victim Compensation Fund? The September 11th Victim Compensation Fund (VCF) is part of legislation passed by Congress and signed into law by the President to provide compensation for economic and non-economic loss to individuals or relatives of deceased individuals who were killed or physically injured as a result of the terrorist-related aircraft crashes of September 11, 2001. The original VCF operated from December 2001 until June 2004. On January 2, 2011, President Obama signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act), which reopens the September 11th Victim Compensation Fund of 2001. The Zadroga Act expanded the scope of the original VCF to enable more individuals who suffered physical injury or death as a result of the September 11th attacks to obtain compensation from the program. The Fund is designed to provide a no-fault alternative to tort litigation for individuals who were physically injured or killed as a result of the aircraft hijackings and crashes on September 11, 2001 or debris removal efforts in the immediate aftermath of the attacks. Others, who may have suffered losses as a result of those events (e.g., those without identifiable physical injuries but who lost employment), are not included in this special program. Compensation will be provided only for losses caused on account of personal physical injuries or death. Like the initial VCF, the Act provides that an individual who elects compensation from the VCF waives his or her rights to pursue litigation to seek damages for the physical injury or death resulting from the September 11th attacks. The new VCF is being administered by Special Master Sheila Birnbaum, who was appointed by the Attorney General of the United States. 1.2 Who is eligible for the new VCF? (Updated: December 5, 2011) The Zadroga Act provides that individuals are eligible if they were present at the September 11th crash sites at the time of the crashes or between September 11, 2001 and May 30, 2002, and suffered physical harm as a direct result of the crashes or debris removal. Personal representatives of those who died as a result of the crashes or debris removal are eligible to bring claims on behalf of the deceased individual. For those individuals who have suffered a physical injury, the VCF's final regulations define eligible physical harm to mean a physical injury to the body that was treated by a medical professional within a reasonable time from the date of discovering the harm. In addition, the physical injury must be verified by or at the direction of the medical professional who provided contemporaneous medical care. In order to be covered by the VCF, your physical harm (or death) must have been a result of September 11th. Traumatic injuries incurred as a result of the attacks are eligible "physical harm." In addition, certain latent health conditions and diseases are eligible. The final regulations provide that initially, these presumptively covered health conditions and diseases will consist of the physical injuries that the World Trade Center (WTC) Health Program has determined to be WTC-related health conditions. The WTC Health Program is operated by the National Institute for Occupational Safety and Health (NIOSH) and provides medical treatment and monitoring for WTC-related health conditions. Currently, the physical injuries, health conditions and diseases that are presumptively covered under the VCF are:
Claimants who have a presumptively covered physical injury, health condition or disease (and representatives of individuals who have died as a result of such a presumptively covered physical injury, health condition or disease) that was caused as a result of September 11th and who are otherwise eligible may receive compensation from the VCF for economic and non-economic loss as defined in the regulations. 1.3 When did the VCF begin accepting claims? (Updated: December 5, 2011) The VCF began accepting registrations on October 3, 2011. Claimants can register online using a web-based system. The registration process allows Claimants and representatives of Claimants to create an account that will be used for the purpose of filing claims and to provide certain information that will help the VCF start the claims review process. After registering, Claimants may begin completing the first part of the claim form: the Eligibility Form. Both parts of the claim form - the Eligibility Form and the Compensation Form - are now available. The Eligibility and Compensation Forms are designed to be completed and submitted separately. Claimants are encouraged to wait until they have been deemed eligible for compensation before submitting a Compensation Form, but may submit a Compensation Form before receiving such a determination. As long as the Eligibility Form is timely submitted, the Claimant may file the Compensation Form at any time during the program. Claimants can now begin the process of gathering the information and documentation that will be required for the Eligibility and Compensation Forms. For a list of documents and information that will be required, please reference the Document Checklists that are available at www.vcf.gov/docChecklist.html. 1.4 How long will I have to file a claim with the Fund? In general, Claimants will have two years to submit an Eligibility Form. The Zadroga Act provides that a person who knows (or reasonably should have known of physical harm resulting from the September 11th attacks as of October 3, 2011 must file by October 3, 2013. If you subsequently learn of physical harm, you must file your claim within two years of the date you learn or reasonably should have known that you suffered a physical injury as a result of the attacks. The Zadroga Act authorizes the VCF to receive claims for five years after it opens in 2011. Final payments will be made in 2016-17. 1.5 How is the VCF funded? The VCF is a government program, funded by taxpayers. Congress has appropriated a fixed sum of money for the VCF. This fixed sum is $2.775 billion. Congress has also determined that $875 million of that total amount may be paid out in the first five years of the VCF program. The remainder may be paid in the sixth year. The limitations on funding for the VCF means that in the first five years of the program, Claimants will receive only a portion of the compensation allowed under the rules of the VCF. Depending on the number and type of claims, and in order to ensure that all eligible Claimants receive an award, the Zadroga Act's cap on funding means that it is possible that Claimants' awards will be pro-rated. The funds appropriated by Congress cover both awards made to Claimants and administrative costs. Because every dollar spent on administrative costs is a dollar that cannot be paid to Claimants, the VCF will provide a streamlined, efficient administrative process. 1.6 How is the VCF different than the World Trade Center Health Program? The VCF is a compensation program. The Zadroga Act also created the World Trade Center (WTC) Health Program, which is operated by the National Institute for Occupational Safety and Health (NIOSH). The WTC Health Program commenced on July 1, 2011 and provides medical treatment and monitoring for WTC-related health conditions. For further questions about the World Trade Center Health Program, please contact the program by phone at 1-888-WTC-HP4U (1-888-982-4748), or on the web at www.cdc.gov/wtc. 1.7 Where do I get and submit the appropriate forms for filing a claim with the Fund? (Updated: November 22, 2011) There are two different forms. Claimants who have suffered physical injuries as a result of the terrorist-related aircraft crashes of September 11, 2001 must complete the Eligibility and Compensation Form for Personal Injury Claimants. Personal Representatives of individuals who have died as a result of such aircraft crashes must complete the Eligibility and Compensation Form for Deceased Individuals. Both forms are accessible through the VCF website at www.vcf.gov. You may submit the claims through an online system, and to help ensure efficient processing and to maximize the funds paid to Claimants, all Claimants are strongly encouraged to help lower administrative costs by submitting their claims electronically through the VCF website. However, those Claimants who are unable to use the electronic process can get the proper form in hard copy by calling the toll free number 1-855-885-1555. Hard copy forms should be submitted as follows: By mail to: September 11th Victim Compensation Fund P.O. Box 34500 Washington, D.C. 20043 By overnight mail to: September 11th Victim Compensation Fund Claims Processing Center 1100 L Street, N.W. - Suite 3000 Washington, DC 20005 1.8 Does it cost anything to file a claim? No. 1.9 How will I know that my claim has been received? Claimants who submit their claim electronically will receive email confirmation that their claim has been received. Claimants who submit hard copy claims will be notified by mail. 1.10 Can more than one person file a claim for the same individual? No. The statute and regulations provide that only one Claimant is eligible to submit a claim. If the Special Master receives more than one claim form for the same individual, the Special Master will delay processing the claim until the appropriate Personal Representative is determined. 1.11 How do I find out who has submitted a claim? The list of Claimants and deceased individuals for whom a claim has been filed will be posted on the website at www.vcf.gov for a period of 90 days after filing. 1.12 My business was impacted by the events of September 11th; can I get money from this fund? No. The statute does not cover individuals who lost their businesses. The fund only applies to those who were physically injured or killed as result of the terrorist-related air crashes on September 11th or debris removal. Those without identifiable physical injuries are not eligible for the program. 1.13 Can I have someone else talk to the Special Master's office about my claim? Yes. The registration process and the claim forms allow you to designate an authorized individual to talk to the Special Master's office. You will find this authorization in the "Attorney or Other Authorized Individual" section of the registration process. 1.14 I have heard that USIS | LABAT, Garretson Resolution Group, Lockheed Martin, and IBM are working for the Victim Compensation Fund. What do these companies do? These organizations were selected by the U.S. Department of Justice and the Special Master of the Victim Compensation Fund to provide claims administration services. They have been engaged to support the Special Master in executing her responsibilities under the statute. These responsibilities include provision of claims intake services, document management, operation of a toll free call center, operation of a claims-processing center for the initial review of claim materials, creation of an information system to facilitate claims processing, operation of the website, and provision of hearing support to the Special Master. 1.15 Why are Claimant and Decedent names published on the DOJ website? As provided in Sec. 104.22(b)(5) of the final regulations, the Special Master may publish a list of individuals who have filed with the September 11th Victim Compensation Fund and the names of the individuals for whom compensation is sought, but shall not publish the content of any such form. The Special Master has determined that this list should be on the Department of Justice's Victim Compensation Fund website, www.vcf.gov. The purpose of this list of Claimants and deceased individuals is to notify all potential beneficiaries that a claim is being filed on behalf of a September 11th Claimant. This notice helps to ensure that the appropriate person submits the claim and that all potentially affected individuals are notified of the waiver of litigation rights that occurs upon submission of a substantially complete claim. 1.16 How can I get assistance with my claim? The Special Master will provide assistance through scheduled seminars and through a web-based program. Please check the website for the dates and locations of these programs. In addition, you can contact the "help line" with specific questions. Also, some outside organizations may provide assistance to Claimants. Please check the website for information and dates. 1.17 Is it possible to authorize multiple individuals to talk with the VCF about my claim? (Added: January 25, 2012) Yes. If you want to authorize several different individuals to discuss your claim with the VCF, you must identify each person by name in the "authorized persons" section of the Eligibility Form (Part I.C.). If you want to add individuals to the list of authorized individuals after your claim has been filed, then you must submit additional authorization forms listing each of those individuals. The VCF will not communicate or correspond with anyone regarding your claim without an authorization on file identifying the individual. If there are several lawyers or other staff at a single law firm working on your claim, you must identify each of those individuals on your authorization form in order for them to communicate with the VCF regarding your claim. It is not sufficient to simply list the name of the law firm. You may, however, list all such individuals on one form, rather than submitting multiple forms. However, please note that if additional lawyers and/or legal staff from the same law firm start helping with your claim after you submit your original authorization form, you must submit an additional authorization form naming each of those additional lawyers and/or legal staff members if you would like the VCF to communicate with them. 1.18 When registering on the VCF website and completing the online claim form, how is the information I enter protected? Why does the site not have a lock symbol at the bottom of the screen to indicate it is secure? (Added: March 28, 2012) The 9/11 Victim Compensation Fund (“VCF”) uses industry-standard encryption, including Secure Socket Layer (SSL), to secure your personal information when it is transmitted and received by the VCF over the Internet. The connection icon area on your browser will change to “HTTPS” instead of “HTTP” when this security feature is invoked. You may notice this when moving from the informational www.vcf.gov web site to the www.claims.vcf.gov web site where your information is collected. Your browser may also display a lock symbol on the task bar at the bottom of your screen to indicate this secure transmission is in place. You should refer to the instructions for your particular Internet browser software to determine how to examine the security certificate from our web site to verify the security of the connection. The security of all personally identifiable information is of paramount importance to everyone within the VCF. Various security measures have been implemented to protect the security and confidentiality of personally identifiable information. Such measures include access controls designed to limit access to personally identifiable information to the extent necessary to accomplish the VCF’s mission. The VCF also employs various security technologies to protect personally identifiable information stored on VCF systems. The security measures are tested periodically to ensure that they remain operational. The Fund complies in full with the U.S. Department of Justice privacy policy. That policy is available via the link on the bottom of the www.vcf.gov home page or you may access it by visiting http://www.justice.gov/privacy-file.htm. 2. Eligibility 2.1 Who is an eligible Claimant?
2.2 What are the 9/11 crash sites? Under the Zadroga Act and the final regulations, the 9/11 crash sites include:
In rare circumstances, the Special Master may identify, based on additional evidence, additional areas that presented a demonstrable risk of physical harm resulting from the impact of the aircraft or any subsequent fire, explosions, or collapse of buildings (generally, the immediate area in which the impact occurred, fire occurred, portions of buildings fell, or debris fell upon and injured persons) as 9/11 crash sites. 2.3 What is the "immediate aftermath"? When must individuals have been present at the sites to be eligible? In order to be eligible, individuals had to be present at one of the sites at the time of the crashes or in the immediate aftermath of the crashes. The immediate aftermath of the crashes means any time during the period beginning with the crashes and ending on May 30, 2002. To be eligible, the Zadroga Act requires an individual's presence at a 9/11 crash site prior to May 30, 2002. An individual's eligibility will not be affected by whether he or she continued to be present at a site after that date. Once an individual is deemed to have been eligible based on presence during the relevant time period, it will not be necessary for the Fund to determine the precise date that the condition was caused. 2.4 How do I prove that the individual was present at the site? You will need to provide documents that establish the presence of the Claimant or decedent at the site at the time or in the immediate aftermath of the attacks. Documentation sufficient to establish the Claimant's presence at a 9/11 crash site may include the following:
2.5 If I submit documents such as employer records or proof of residence, do I still need to submit affidavits regarding my presence at the site? (Updated: April 19, 2012) Yes. While employment records demonstrate that you worked for a certain organization and proof of residence demonstrates that you lived in a certain place, neither may necessarily show that you were actually present at the site during the relevant time. For example, you could have been assigned to a different location or been on vacation during this time. As a result, you will need to submit affidavits or some other proof that you were actually present at the site during the relevant period. See FAQ #2.18 for more information about submitting affidavits. 2.6 How many documents related to my presence at the site do I need to submit? (Updated: April 19, 2012) In general, the VCF requires two forms of proof that together or separately are sufficient to establish presence with the following exceptions:
2.7 If the original VCF (VCF1) accepted the proof of presence at the site that I submitted in support of my original claim, do I need to re-submit proof to the VCF to support my current claim? (Updated: November 22, 2011) No. If the proof of presence at the site that you submitted in support of your original claim to the VCF1 was accepted by the VCF1, you do not need to re-submit proof of presence at the site or submit additional proof of your presence at the site. The VCF will accept the proof you submitted with your original claim as sufficient proof for your current claim. However, you may need to submit additional documents if you are claiming presence in additional locations or at additional times than in your prior claim. Also note that you must still submit other information to support your current claim. 2.8 What type of injury must a Claimant or decedent have suffered to be eligible for compensation? (Updated: December 5, 2011) The Zadroga Act requires an individual to have suffered "physical harm or death as a result of" one of the terrorist-related aircraft crashes of September 11, 2001 or debris removal. The VCF will compensate personal injury or death resulting from traumatic physical injuries that occurred as a result of the crashes or debris removal and in addition will compensate personal injury or death resulting from health conditions or diseases that the WTC Health Program has found to be WTC-related health conditions. As of October 3, 2011, the following are presumptively covered health conditions or diseases under the VCF:
Please see Section 3 for more information about eligible conditions and injuries. 2.9 For purposes of the VCF, who is a Responder? (Updated: December 5, 2011) A "Responder" is defined as an individual who performed rescue, recovery, demolition, debris cleanup or other related services at a 9/11 crash site in response to the September 11, 2001 terrorist attacks, regardless of whether the individual was a state or federal employee or member of the National Guard or performed the services in some other capacity. Therefore, you may be considered a Responder even if you performed the listed services through a private employer or on a volunteer basis. Individuals who began performing cleanup or maintenance work in the NYC Exposure Zone months after the September 11, 2001 terrorist attacks are not considered Responders. 2.10 If I was not a Responder, am I eligible for the VCF? Yes. You do not have to be a Responder to be eligible. Under the Zadroga Act, to receive a payment from the VCF, an individual must have been present at a 9/11 crash site between the time of the crashes and May 30, 2002, and have suffered physical harm or death as a result of the September 11th air crashes or debris removal. 2.11 What kind of medical documentation will be required for the VCF? (Updated: April 19, 2012) The type of medical documentation required will vary depending on the Claimant's particular injury or medical condition and on whether or not the Claimant is being treated for the presumptively covered injury by the WTCHP. If the Claimant is not being treated by the WTCHP, the VCF will send certain data collection forms to physician(s) identified on the claim form. The VCF anticipates that those physicians will likely provide the medical documentation that is required to support the diagnosis and demonstrate the time of initial treatment that are necessary in order to determine the Claimant’s eligibility. For purposes of determining compensation, the VCF may also require medical information about the treatment of any eligible condition and the effects of any eligible condition on the Claimant's ability to work and provide household services, and the anticipated future effects of any eligible condition. When submitting the Eligibility Form, Claimants should identify physicians who can provide the information regarding diagnosis and initial treatment. Claimants also should submit any medical documentation that is available and that addresses those issues. The VCF will provide guidance to Claimants if additional medical documentation is needed. Please see Section 3 below for more information on the physical injuries and conditions that are eligible for compensation. If the individual has died as a result of a covered physical harm, the Personal Representative must also submit proof of the cause of death. 2.12 If I applied to the original VCF, can I apply again now? Individuals who submitted claims in the original VCF and who did not receive compensation based on a determination that the individual would remain totally disabled for the remainder of his or her work life, may submit new claims in certain circumstances:
2.13 If I participated in a lawsuit related to September 11th, can I participate in the VCF? (Updated: April 19, 2012) Yes, but only if you withdrew from or dismissed that lawsuit on or before January 2, 2012. 2.13 (i). If I am currently participating in a lawsuit related to September 11th – seeking damages resulting from the crashes – can I participate in the VCF? No. Individuals who have a pending lawsuit described below or who are a party to such lawsuit may not file a claim with the Special Master unless they withdrew from such a lawsuit on or before January 2, 2012. A lawsuit in any Federal or State court relating to or arising out of damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001 or for damages arising from or related to debris removal (other than a lawsuit to recover collateral source obligations or a lawsuit against any person who is a knowing participant in any conspiracy to hijack or commit any terrorist act). 2.13 (ii). What do I have to submit to show that I did withdrew from or dismissed my lawsuit? You must submit proof of timely withdrawal with your claim. For purposes of the Eligibility Form, you may submit either a court order establishing that the action has been discontinued and/or dismissed dated on or before January 2, 2012 or a notice/letter of withdrawal filed on the ECF system in the relevant docket on or before January 2, 2012. For purposes of receiving compensation, you must submit the final order of the court confirming the withdrawal or dismissal or all claims. That order may be dated after January 2, 2012 only if you have provided proof that you filed a notice of withdrawal on the ECF system in the relevant docket on or before January 2, 2012. 2.13(iii). What if I settled my lawsuit – can I submit a claim to the VCF? You can submit a claim with the VCF if you meet the following conditions: If the lawsuit was commenced after December 22, 2003 and a release of claims in such lawsuit was tendered by the individual, or by the individual's attorney (provided the attorney has authority to tender the release) prior to January 2, 2011 and if you dismissed any claims that were not settled on or before January 2, 2012. Some individuals may have settled all their claims and in that case, so long as the release was tendered by January 2, 2011 and the lawsuit was commenced after December 22, 2003, then the individual can submit a claim to the VCF. Some individuals may have settled only some of the claims in the lawsuit. In that case, the individual must have withdrawn/dismissed the unsettled claims on or before January 2, 2012 in order to be eligible for the VCF. You must submit proof documenting the date of commencement and release of all claims with your claim. If an attorney signed and submitted the release on behalf of the individual or the individual's dependent, spouse or beneficiary, a copy of the retainer agreement with the attorney in the settled lawsuit must be submitted as proof that the attorney was authorized to sign the release. If you have participated in such a lawsuit, you must certify on your claim form that the above conditions are satisfied. 2.14 Do I have to live in New York to participate in the VCF? No. You do not have to live in New York to participate in the VCF. 2.15 If I do not live in New York, how can I participate in the VCF? Claimants will be able to submit information to the VCF over the internet or through the mail. If a Claimant would like a hearing to appeal his or her award, the VCF will make every effort to accommodate long-distance hearings through video-conference or where necessary, telephone conferences. 2.16 Are foreign nationals or residents eligible for the VCF? Yes. The Zadroga Act permits both U.S. citizens and foreign nationals who satisfy the VCF's eligibility criteria to participate in the VCF. 2.17 NO LONGER RELEVANT (Updated: April 19, 2012) 2.18 If I need to submit a sworn statement/affidavit to show that I was present at a 9/11 crash site, what should that statement/affidavit contain? (Added: March 20, 2012) Primary and contemporaneous documents are the best evidence that an individual was present at a 9/11 crash site. However, the Special Master recognizes that such documents may no longer exist or may be impossible to obtain. If you are unable to submit these types of documents, the Special Master will consider sworn affidavits from people who can attest to the individual’s presence at a 9/11 crash site. These affidavits will serve as acceptable proof only if official or primary forms of proof are not available and the VCF determines that such affidavits are sufficiently reliable. The affidavits must be signed and must be notarized or contain language complying with 28 U.S.C. 1746 (see the Eligibility Form Instructions for language that complies with this statute). You should submit original affidavits (no copies) with original signatures and original notary stamps/seals. The person who signs an affidavit is known as an “affiant.” Affiants must have personal knowledge of the individual’s presence at a 9/11 crash site. The affidavits must contain:
When an individual’s presence is based on residence in the NYC Exposure Zone, affiants should also provide:
At least one affidavit should be signed by someone who is not related to the individual. In some cases, the VCF may request proof of the affiant’s address and/or relationship to the Claimant or Decedent or may contact the affiant. 2.19 I worked in one of the temporary morgues on pier locations on the west side of Manhattan. Will that satisfy the geographical presence requirement, even though the morgue was located outside of the NYC Exposure Zone? (Added: April 19, 2012) Yes. If you were an employee of the Office of the Chief Medical Examiner of New York City (OCME) involved in the examination and handling of human remains from the World Trade Center attacks, or were a morgue worker who performed similar functions for the OCME staff during the period beginning on September 11, 2001 through May 30, 2002, and you submit sufficient proof of employment and presence at that location within the statutory timeframe, you will be deemed to satisfy the presence requirement, even if those functions were performed outside of the NYC Exposure Zone. 2.20 I repaired, cleaned or rehabilitated vehicles or equipment that was contaminated by WTC-related debris. Will that satisfy the geographical presence requirement, even if I performed such services outside of the area in lower Manhattan as defined in the Zadroga Act and final regulations? (Added: May 16, 2012) Yes. In order to be eligible for compensation under the Fund, an individual must have been present at a 9/11 crash site at the time of or in the immediate aftermath of the terrorist-related aircraft crashes. Under the Zadroga Act and final regulations, the 9/11 crash sites include, among other things, the NYC Exposure Zone, which is defined to include
For purposes of establishing presence at the site, work involving the repair, cleaning or rehabilitation of vehicles or equipment, including emergency vehicle radio equipment owned by the City of New York, that was contaminated by WTC-related debris at or along one of the official routes for the transfer of debris will be considered to involve work at an area related to, or along, routes of debris removal, even if those services were performed outside of the area in Manhattan south of the line that runs along Canal Street. Because different routes of debris removal were in use at different time periods, you must submit proof not only that you performed those services during the statutory timeframe (at some point on or between September 11, 2001 and May 30, 2002), but also that you performed those services before the operations at the identified locations terminated. 2.21 What types of documents will the VCF accept to demonstrate proof of presence at a 9/11 crash site for employees of the FDNY, NYPD or other New York City agency or contractor hired by the City of New York to perform rescue, recovery, demolition, debris cleanup or other related services? (Added: May 16, 2012) The chart below identifies some of the types of WTC-related documents that the VCF has evaluated for purposes of establishing presence at the site. In some cases, the VCF will not accept a particular type of document alone, but will use the document to help to establish presence at the site along with another document or verification process. All documents are subject to verification and authentication procedures undertaken independently by the VCF. Please note that the VCF is working with the individual New York City agencies to obtain direct access to information regarding proof of a Claimant’s presence at the site. In some cases, the VCF may obtain information that will reduce the burden on Claimants. The VCF will post information periodically on such efforts.
3. Physical Injuries or Conditions Eligible for Compensation for Personal Injury or Death 3.1 If I did not experience any physical injury or death as a result of September 11th, but I experienced emotional or mental harms as a result of the events, am I eligible for the VCF? No. When Congress first created the VCF in 2001, it directed that only Claimants who have a "physical injury" can be eligible for the VCF, and then-Special Master Ken Feinberg interpreted that phrase to mean "a physical injury to the body," thus excluding claims for psychological conditions. In the Zadroga Act, Congress did not change how the VCF treats psychological conditions. As a result, the VCF is not able to accept claims solely for psychological conditions. This means that claims for Post Traumatic Stress Disorder are not eligible for compensation in the VCF. The WTC Health Program does provide options for treatment of psychological conditions. For information about whether you may be eligible for treatment for emotional or mental harms by the WTC Health Program, you may contact them by phone at 1-888-WTC-HP4U (1-888-982-4748), or on the web at www.cdc.gov/wtc. 3.2 If I have a physical condition that was a result of September 11th but is not a common condition, am I eligible for the VCF? (Updated: December 5, 2011) Yes. Individuals who suffered injuries as a result of September 11th and who meet the other eligibility requirements may submit a claim, even if their condition is not common across the population. The Special Master has identified an initial list of presumptively covered physical injuries and conditions. (See FAQ 1.2). Generally, these are the only physical injuries or conditions that the VCF will compensate. However, in rare, extraordinary circumstances, individuals with other physical conditions may also be eligible for an award. 3.3 I do not see my injury on the list of presumptively covered conditions. Will the list of covered conditions change? The VCF will consider modifications to the list of presumptively covered conditions based on the determinations of the WTC Health Program. The VCF will examine the science to determine whether additional conditions (including specific types of cancer) can be covered. 3.4 Is cancer covered by the VCF? The Zadroga Act did not include cancer in its initial list of conditions that are eligible for monitoring or treatment under the WTC Health Program. The final regulations provide that the VCF will consider modifications to the list of presumptively covered conditions based on the determinations of the WTC Health Program. The VCF will examine the science to determine whether additional conditions (including specific types of cancer) can be covered. The rules also state that if an individual submits a claim for a condition that is not covered, and that condition later is added to the list, that individual may be eligible for payment. 3.5 If I have a physical condition that is on the list of presumptively covered conditions, does this mean I am definitely going to be compensated by the VCF? No. In order to be eligible for compensation, individuals must establish that they were present at a 9/11 crash site (as defined in the regulations) between September 11, 2001 and May 30, 2002, that their physical harm is a direct result of the terrorist-related crashes or the debris removal, and that their physical injury was treated by a medical professional within a reasonable time from the date the injury was discovered. Thus, a Claimant who has one of the covered conditions will be eligible if these other conditions for compensation are met. 3.6 How will the VCF determine if an injury or condition was a result of September 11th? (Updated: December 5, 2011) The VCF will apply guidelines consistent with those adopted by the WTC Health Program. The WTC Health Program relies on the best available science to determine whether a particular condition is related to September 11th and provides a protocol for doctors to determine whether a particular individual's condition is a WTC-related health condition. To be compensable, the injury must be a direct result of the crashes or debris removal. The VCF will have to examine the facts of each claim to determine whether the claimed injury qualifies for compensation. Injuries that are not directly caused by the attacks or debris removal will not be eligible for compensation. For example, if an individual assigned to help with cleanup activities in nearby buildings was injured in an automobile accident on the way home from work, the injuries sustained in that accident might not be compensable. However, if that same individual also suffered from one of the presumptively covered conditions, then that condition might be compensable if all other eligibility requirements are met. 3.7 How do I prove that my presumptively covered condition is a result of the crashes or debris removal? (Updated: November 22, 2011) If you have a condition that has been certified for treatment under the WTC Health Program after July 1, 2011, you will be deemed to have met this proof requirement for the condition that has been so certified. You will still need to satisfy all other eligibility requirements in order to be compensated by the VCF. If you are being treated by another program or by another physician for a condition for which you are seeking compensation from the VCF, your treating physician must complete certain medical history forms. After receiving your completed Eligibility Form and signed authorization forms, the VCF will send these forms directly to your treating physician. You also must provide certified contemporaneous medical records created by or at the direction of the medical professional who provided you the medical care. This includes medical records of hospitals, clinics, physicians, licensed medical staff, or registries maintained by Federal, State, or local governments. 3.8 How can I find out if I am eligible for treatment by the WTC Health Program that commenced on July 1, 2011? Consult the WTC Health Program website at www.cdc.gov/wtc for information about the monitoring and treatment programs. 3.9 What if I am not being treated by the WTC Health Program that commenced on July 1, 2011? Can I still participate in the VCF? Yes, you can still file a claim and seek to participate. 3.10 Do I need to submit my medical records to the VCF if my condition has been certified for treatment under the WTC Health Program after July 1, 2011? (Updated: April 19, 2012) Depending on the nature of your claim, the VCF may require additional medical records. For example, if you are claiming a permanent total disability, it may be necessary for the VCF to review medical records. The VCF will provide guidance to Claimants and will make specific requests for medical records as necessary. 3.11 When do I need to submit medical records? Do I need to submit “certified” medical records? What are "certified" medical records? (Updated: April 19, 2012) Certified medical records are records with a certificate attached, usually signed by the custodian of records for the particular office or facility, affirming that the pages are true and accurate copies of records in the patient's file. In some cases, the VCF may require certified medical records. However, if you have already gathered your medical records and they are not certified, you may submit those along with a signed affidavit or statement explaining when and from whom you collected those records. The VCF will notify you if additional records are needed or if it is necessary for the VCF to obtain confirmation from the original custodian of the records. If you have not yet gathered your medical records, the VCF may be able to obtain them directly from the WTCHP or from the treating physician(s) identified on the Eligibility Form. If the records obtained from the physician(s) do not provide all the information the VCF needs, the VCF will contact you and request additional records. If the VCF requests more records, you will need to provide certified contemporaneous medical records and documents created by or at the direction of the medical professional(s) who provided the medical care showing the diagnosis of an injury or condition that is presumptively eligible under the VCF. 3.12 If I first developed my presumptively covered condition before September 11th, 2001, but it has gotten worse since then, can I still participate in the VCF? If you developed your condition before September 11, 2001, you may still be eligible for compensation if your condition has gotten worse since that time and the VCF determines that your exposure to airborne toxins, other hazards or adverse conditions resulting from the September 11, 2001 terrorist attacks is substantially likely to be a significant factor in aggravating the condition. 3.13 If I have suffered a physical injury as a result of September 11th, but I never sought medical treatment for the injury, am I eligible for the VCF? The Zadroga Act and the final rules limit compensation to individuals who were "treated by a medical professional within a reasonable time from the date of discovering" the physical harm. A "reasonable time" will be determined on a case-by-case basis. 3.14 If I have suffered a physical injury as a result of September 11th but am still able to work, am I eligible for the VCF? Yes. Individuals who are still able to work may receive compensation for other economic losses they may have suffered, such as medical expenses, or for non-economic losses. 3.15 Will side effects from taking September 11th-related medications be covered by the VCF? This may depend on the circumstances of your particular condition. The Zadroga Act provides for the VCF to base awards on the losses that each Claimant has suffered as a direct result of September 11th. Whether side effects arising out of medications taken to treat a covered condition are themselves directly related to September 11th will depend on the type of condition, the nature of the medication and the side effects, and other factors that may vary from individual to individual. 3.16 If I have multiple conditions as a result of September 11th, will the VCF cover all of them? As long as each condition was caused as a direct result of September 11th, the VCF will consider all of the conditions suffered by each eligible Claimant in determining the economic and non-economic loss. However, the method for determining compensation will depend on proof of economic loss. The VCF will not provide multiple awards or awards for each condition. 3.17 If I am found eligible for the VCF, what treatments are covered? The VCF does not provide treatment. The VCF will consider the cost of treatment - to the extent that it is not reimbursed - in determining economic loss. 3.18 What standards apply for an individual who has died? (Updated: December 5, 2011) The same standards regarding physical injury apply. That is, if an individual died as a result of a presumptively covered physical injury, health condition or disease that was a direct result of the September 11th crashes, then the Personal Representative of that individual may file a claim with the VCF. 4. Application Process Note: FAQs 4.3-4.8 were renumbered on November 22, 2011 and December 5, 2011. 4.1 What do I have to do to apply to the VCF? Which application form should I complete? To apply for compensation from the VCF, you must complete one of two forms:
These forms will collect information about your eligibility for the program and about the amount of your economic and/or non-economic loss. 4.2 Where do I get the application form and how do I submit it? (Updated: November 22, 2011) The application forms are available online and for those who do not have access to a computer, the VCF will mail a form upon request. In order to ensure efficient processing of your claim, the Special Master strongly encourages you to complete and submit the form electronically through the VCF's website at www.vcf.gov. However, those Claimants who are unable to use the electronic process can get the proper form in hard copy by calling the toll free number 1-855-885-1555. Hard copy forms should be submitted as follows: By mail to: September 11th Victim Compensation Fund P.O. Box 34500 Washington, D.C. 20043 By overnight mail to: September 11th Victim Compensation Fund Claims Processing Center 1100 L Street, N.W. - Suite 3000 Washington, DC 20005 4.3 NO LONGER RELEVANT (Updated: November 22, 2011) 4.4 What does it mean to register for the VCF? (Updated: November 22, 2011) The registration process allows individuals who may be interested in filing a claim to create an online account and begin the process of providing information that will be required to file a claim with the VCF. This registration process does not create a claim and you are not waiving any rights or claims by registering. By submitting the information requested, you will be registering with the VCF either as a potential claimant or a representative of a potential claimant, but you will not be making an official claim to the VCF. This registration process helps the VCF effectively manage resources. The registration process will ask you to provide basic information on (i) the potential Claimant who was injured or harmed, or the deceased individual who died as a result of the air crashes of September 11, 2001 or the subsequent debris removal, (ii) if applicable, the authorized guardian or representative who would be filing the potential claim on behalf of such individual (such as the guardian of a minor child or Personal Representative of a deceased individual), and (iii) if applicable, the attorney or other individual who is assisting the potential Claimant or authorized representative. In addition, the registration form requests basic information about the status of the potential Claimant, including the potential Claimant's "presence" at a 9/11 crash site during the period between September 11, 2001 and May 30, 2002. After registering, you will be able to begin the online Eligibility Form. 4.5 NO LONGER RELEVANT (Updated: December 5, 2011) 4.6 Is there a deadline for filing the forms? The Zadroga Act provides that a person who knows or reasonably should have known of physical harm resulting from the September 11th attacks as of October 3, 2011 must file his or her claim within two years - that is, by October 3, 2013. A person who learns of physical harm after October 3, 2011 must file his or her claim within two (2) years of the date that person learned or should reasonably have known that he or she suffered a physical injury as a result of the attacks. To meet this deadline, the VCF must receive your complete Eligibility Form within the relevant two-year window. The Zadroga Act authorizes the VCF to receive claims for five years after it opens in 2011. Final payments will be made in 2016-17. 4.7 Which application form should I complete if I am filing on behalf of somebody who suffered a physical injury as a result of the aircraft crashes or debris removal but has since died from an unrelated cause? You should complete the Eligibility and Compensation Form for Personal Injury Claimants and explain the situation in Section I.B of that form. 4.8 Once I file the claim form, what will happen? The VCF will begin reviewing and evaluating your claim once it receives your filed Eligibility Form and required signatures. If you are deemed ineligible, you will have the opportunity to appeal that decision to the Special Master. If you are deemed eligible, the VCF will begin reviewing and evaluating your Compensation Form once it is submitted. If you are eligible for an award, you have the option of accepting the award or appealing the award if you believe that the award is incorrect. After hearing your appeal, the Special Master will notify you of the final amount of your award. That decision is final and cannot be appealed. 4.9 Is it possible for law firms or other organization to submit claimant information in a “group” or “bulk” format so that the law firm can submit multiple claims at the same time? (Added: March 30, 2012) VCF has launched the Bulk Upload feature to allow law firms the ability to upload claimant information for a large number of claimants efficiently. This feature will be provided for the Registration, Eligibility, and Compensation portions of the claim. As of April 2, 2012, the Bulk Upload feature is available for registration forms. Please reference the Bulk Upload webpage for the latest details on this feature. 5. Personal Representative 5.1 Who is the Personal Representative of a deceased individual? The Personal Representative is the individual authorized to submit a claim on behalf of a deceased individual. The Personal Representative is normally the individual who is appointed by a court of competent jurisdiction - such as a State surrogate or probate court - as one of the following:
In many or most cases, the identity of the "Personal Representative" will not be in dispute. In very limited circumstances, the Special Master has the authority to appoint a Personal Representative for the VCF where a court has not done so. See FAQ 5.3. Note: The Personal Representative is not necessarily the person who ultimately will receive the award. The Personal Representative is required to distribute the award in a manner consistent with the law of the Decedent's domicile or any applicable rulings made by a court of competent jurisdiction. However, in order to assure that the families of deceased individuals receive adequate compensation, the regulations further provide that the Personal Representative shall, before payment is authorized, provide to the Special Master a plan for distribution of any award received from the VCF. Notwithstanding any other provision of these regulations or any other provision of State law, in the event that the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the Decedent's spouse, children, or other relatives, the Special Master may direct the Personal Representative to distribute all or part of the award to such spouse, children, or other relatives. 5.2 How do I get appointed Personal Representative by a State court? Since State law governs the designation of Personal Representatives, the Special Master generally advises Claimants to work with the probate or surrogate court in the State or country where the Decedent lived to become the Decedent's Personal Representative. The process varies by State and country. In general, to be designated as the Personal Representative when there is a will, you will be required to bring the Decedent's will to court. If there was no will, you may need to provide other relevant documentation to prove your relationship to the Decedent. 5.3 How do I show that I am the proper Personal Representative of the deceased individual for filing a claim with the VCF? In most cases, if you have been appointed as the Personal Representative, executor, or administrator by a court, you should provide copies of relevant legal documents, such as court orders, letters testamentary, letters of administration, or similar documentation. If you have not been appointed by a court as the Personal Representative of the Decedent or as the executor or administrator of the Decedent's will or estate, and you believe you cannot get such an appointment, you may ask the Special Master to appoint you as the Personal Representative for the VCF. To do so, you will need to show why you were unable to get a court appointment, and you will need to provide additional documents showing you satisfy one of two additional requirements. If you were named as the executor in the Decedent's will, you will need to provide the will. If there is no will, you will need to demonstrate you were next in line of succession under the laws of the Decedent's domicile governing intestacy. Documents demonstrating proof of your relationship to the Decedent may include:
5.4 What is Domicile? A "domicile" is a permanent home. Although a person may have more than one residence, he or she may only have one domicile at any time. While residence means living in a particular locality, domicile means living in that locality with intent to make it a fixed and permanent home. Proof that someone intends to remain indefinitely in a particular location may include: voting registration, place of employment, current residence, location of real and personal property, location of the spouse and family, driver's license, automobile registration, location of bank accounts, payment of taxes and the tax return address. For example, if a Claimant entered the Navy and left New York temporarily to live in a home in Ohio during the course of service, but he or she always intended to return to New York after the service, the domicile would be New York. A Claimant from England, who maintained a permanent address in England, but resided in New York on an extended business trip, would be a domiciliary of England. 6. Compensation Computations 6.1Will the amount of awards be the same as in the VCF's first iteration, or will they be reduced? The methodologies for computing economic loss will be based on those from the original VCF, with certain updates in the components of the economic loss calculation assumptions as appropriate. The Special Master will publish guidance on an ongoing basis regarding these computations. The amount that each Claimant will receive will depend on the amount of economic loss (if any), the non-economic loss, the offsets applied, the number of Claimants, and the aggregate amount of eligible awards. In the Zadroga Act, Congress appropriated $2.775 billion to pay all of the awards, which means that the VCF cannot pay out any more than that amount. This means that if the aggregate amount of awards and administrative costs exceeds this capped amount, the awards will have to be reduced. The VCF cannot determine whether such a reduction will be necessary until it receives and evaluates all the claims. 6.2 How much money can I receive from the VCF? How do I figure out how much I will get? All awards will generally consist of the same three components and will be calculated as follows: Economic Loss plus Non-economic loss minus Collateral source payments To determine economic loss, the Special Master will consider any prior loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, and loss of business or employment opportunity. The final regulations provide set presumed non-economic awards for deceased individuals, but because every physical injury is unique, the Special Master may determine presumed non-economic losses on a case-by-case basis for physically injured Claimants. The Special Master must then subtract any collateral offsets received or eligible to be received. 6.3 What is economic loss? Economic loss is an estimate of the compensation that would have been available to the family or eligible survivors of the deceased individual or the injured individual if the tragedy had not occurred and may include:
Economic loss consists of two aspects - prior loss and future loss. Prior loss includes non-reimbursed expenses that the Claimant or Decedent has already incurred as a result of the qualified injury, as well as earnings and other compensation that the Claimant or Decedent has already lost due to work he or she has missed as a result of the qualified injury. Future loss represents an estimate of the future compensation (including wages, salary, and benefits) that an individual would have earned if he or she had not died or sustained an injury resulting in an ongoing disability or reduction in future compensation. Future loss also includes future medical expenses and replacement services that a disabled Claimant will incur in the future. 6.4 Can I apply for both prior loss and future loss? Physically injured Claimants may apply for both past and future loss but should only do so if they actually have sustained past losses and if their qualified injury results in an ongoing disability. Claims submitted on behalf of deceased individuals may seek compensation for any out-of-pocket expenses incurred before the individual's death, as well as for lost future compensation and/or replacement services. 6.5 If I have not yet suffered economic harm, but fear that I may suffer economic harms in the future, should I submit a claim to the VCF now? If you know or reasonably should have known on or before October 3, 2011 that you suffered physical harm as a result of the September 11th attacks or subsequent debris removal, the Zadroga Act requires you to file with the VCF by October 3, 2013. This requirement applies whether or not you have suffered economic harm as a result of your condition. 6.6 If I have not yet suffered economic harm, but my condition is expected to worsen, am I eligible for the VCF? If you know or reasonably should have known on or before October 3, 2011 that you suffered physical harm as a result of the September 11th attacks or subsequent debris removal, the Zadroga Act requires you to file with the VCF by October 3, 2013. This requirement applies whether or not you have suffered economic harm as a result of your condition. An individual whose condition has substantially worsened, resulting in damages or losses that were not previously compensated, may amend his or her claim. 6.7 Do I need to list every single medical expense I have incurred as a result of my condition? You will need to document every expense for which you seek compensation from the VCF. 6.8 Can I seek compensation for medical losses I have incurred even if I was covered by health insurance? You may seek compensation for out-of-pocket losses. If your health insurance paid for the medical treatment, then you do not have an out-of-pocket loss. 6.9 Can I seek compensation for my health insurance premiums? If you are determined to be permanently and totally disabled and unable to work as a result of the qualified injury, then the computation of economic loss will include any benefits provided by your employer that you will lose because of your injury. 6.10 What does "loss of earnings to date" mean? Claimants who have previously missed work due to their physical condition may be compensated for their loss of earnings from that missed work. This consists of salaries, tips, bonuses, benefits, and other compensation. 6.11 What if I missed work but was still paid because of sick leave, vacation days, or comp time? The VCF will not compensate you for time you missed from work but for which you were still paid as sick leave, personal days, comp time, or other similar payments. 6.12 What type of documents do I need to submit to prove that I missed work and lost earnings? You will have to submit documentation showing that you in fact missed work as a result of the qualified injury. Such documentation may include letters from employers, documentation from an employment file, or documentation or determination from a workers' compensation board. In addition, you will need to document the amount of compensation lost. In general, such documentation will consist of documents from your employer. 6.13 What is included in the definition of income for military personnel? Military service members' and uniformed service members' compensation includes all of the various components of compensation, including, but not limited to, basic pay (BPY), basic allowance for housing (BAH), basic allowance for subsistence (BAS), Federal income tax advantage (TAD), overtime bonuses, differential pay, and longevity pay. 6.14 What are replacement services? Replacement services are household services that the Claimant provided to the household. Such services include cleaning, cooking, child care, home maintenance and repairs, and financial services, among many others. 6.15 If my career is cut short as a result of a condition that is compensable under the VCF, will my award take into account lost wages? Yes. The Zadroga Act provides for the VCF to take into account a Claimant's future loss of earnings as a result of a physical injury caused by September 11th. 6.16 If my career is cut short as a result of a condition that is compensable under the VCF, will my award take into account decreased pension benefits as a result of the shorter career? Yes. The Zadroga Act provides for the VCF to take into account a Claimant's loss of earnings and other benefits related to employment. 6.17 Is the value of the pension earned by a deceased individual taken into consideration in computing claim award amounts? Yes. The value of the pension that the Decedent would have received but for his or her death is considered as an income component as part of the Decedent's employer-provided benefits. 6.18 Would you provide more information about the procedures for calculating the presumed economic loss? (Updated: December 29, 2011) The calculation of presumed economic loss will generally follow the guidelines established in the original VCF. The Special Master will continue to review relevant developments that may affect the calculation of economic loss and will post any comments or updates. In general, the presumed economic loss both for claims on behalf of Deceased individuals and for claims of injured Claimants who are unable to work or whose earnings capacity has decreased as a result of the Claimant's disability due to the eligible conditions will be determined based on the individual's previous work history, compensation level and age. In general, the VCF will use the following procedures and assumptions for determining economic loss: 1. Establish the Decedent's or injured Claimant's age and compensable income at death or at the time the Decedent or injured Claimant was unable to work or had to reduce work as a result of eligible conditions.1 Income will be determined based on the documents submitted with the claim. Generally, the Special Master will consider the three calendar years of employment history before the Decedent's death or decrease in the Decedent's or injured Claimant's earnings capacity as a result of the Decedent's or injured Claimant's disability due to the eligible condition(s). However, the Special Master may consider other factors or other years or combinations of years in evaluating the claim. 2. Determine after-tax compensable income by applying the average effective combined Federal, State and local income tax rate for the Decedent's or injured Claimant's income bracket currently applicable in the State of the Decedent's or injured Claimant's domicile for tax purposes. The Special Master will consider the Decedent's or injured Claimant's tax returns as well as effective income tax rates derived from published Internal Revenue Service (IRS) data on selected income and tax items for Individual Income Tax Returns by State.2 Effective income tax rates derived from IRS data for New York are attached as Table 1. 3. Add the value of employer-provided benefits. These benefits will be set at actual levels if data are provided. If the claimant does not provide data, the pension is assumed at 4.6% of pension-eligible compensable income and medical benefits are assumed to be $5,242 per year in current year dollars and will be adjusted for applicable inflation. (To prepare the presumed award tables, the Special Master assumed that individuals would have benefits equal to 4.6% of compensable income and medical benefits of $5,242 per year.) 4. Determine a measure of the Decedent's or injured Claimant's expected remaining years of workforce participation using the tabulated work-life expectancies for the Decedent's or injured Claimant's age at the time of death or at the time the Decedent or injured Claimant was unable to work or had to reduce work as a result of eligible conditions contained in the publication, "Worklife in a Markov Model with Full-time and Part-time Activity" by Kurt V. Krueger, Gary R. Skoog, and James E. Ciecka in the Journal of Forensic Economics, 19 (1) 2006, pp.61-82. These are the most recent and generally accepted tables of work-life expectancy regarding the general population available. Work-life expectancies are based on actual experiences and behavior of the general population and measure the estimated remaining time in years an individual of a given age will be in the labor force (either employed or actively seeking work), allowing for age-specific mortality risks and rates of workforce transitions. The Special Master will use the expected work-life for Active Males, with a full-time beginning labor force state, to compute expected remaining years of workforce participation for both male and female Decedents and injured Claimants. The work-life expectancies are attached as Table 2. Because published estimated work-life expectancies by gender are lower for women than men, this specification increases the duration of estimated foregone earnings, and thus presumed economic losses, for female Decedents and injury Claimants and was implemented by the Special Master to accommodate for potential increases in labor force participation rates of women. 5. Project compensable income and benefits through the Decedent's or injured Claimant's expected work-life using growth rates that incorporate an annual inflationary or cost-of-living component, an annual real overall productivity or scale adjustment in excess of inflation, and an annual real life-cycle or age-specific increase derived using data on average full-time year around earnings by age bracket from the 2010 Current Population Survey (CPS), a monthly survey of households conducted by the Bureau of the Census for the Bureau of Labor Statistics. This survey is widely recognized as the primary source of data on employment status and workforce characteristics of the civilian non-institutional population ages 16 years and older. Because age-specific observed life-cycle increases for all males were higher than observed life-cycle increases for both men and women combined, the Special Master elected to incorporate the life-cycle increases for males into earnings growth for all Decedents or injured Claimants, both male and female. Independent of life-cycle increases, inflation and real overall productivity increases of 2% and 1%, respectively, were applied each year. These rates of increase are consistent with the long-term relationship between economy-wide wage growth and risk-free interest rates, which currently reflect lowered inflationary expectations. A schedule containing age-specific earnings growth rates reflecting the combined inflation, overall productivity and life-cycle increases is attached as Table 3. The Special Master has determined that individual age-specific growth rates, rather than growth independent on a particular age bracket at death, better reflects the expected pattern of earnings over one's career3 and results in more equitable and consistent projections for Decedents or injured Claimants close to each other in age with otherwise similar family and employment characteristics. 6. To better reflect contingencies that the Decedents or injured Claimants would have faced, all future earnings amounts will be adjusted for a factor to account for the risk of unemployment because lifetime jobs are not representative of the modern economy. This adjustment is made because work-life expectancies are based on years of expected workforce participation, which, as defined by the Bureau of Labor Statistics, include periods an individual is either working or seeking work. Historical unemployment rates were examined and a reduction factor of 6% was applied to presumed earnings to account for this risk.4 7. For claims for Deceased individuals, subtract from annual projected compensable income and benefits the Decedent's share of household expenditures or consumption as a percentage of income, using expenditure data by income level obtained from "Table 2. Income before taxes: Average annual expenditures and characteristics, Consumer Expenditure Survey, 2009," published by the Bureau of Labor Statistics (BLS). This subtraction is a standard adjustment in evaluating loss of earnings in wrongful death claims because some amount of the income the Decedent would have contributed to the household would have been consumed personally by the deceased and not available to other household members. A Decedent's expenditures were calculated as a share, based on household size, of certain expenditure categories. For married or single with dependents, these expenditure categories include Food, Apparel & Services, Transportation, Entertainment, Personal Care Products and Services, and Miscellaneous. For single without dependents, Housing, Education and Health are also included.5 For lower income categories where total expenditures exceed income, expenditures were scaled to income, so as not to reduce income for expenses potentially met by other forms of support. This approach was intended to avoid a penalty to the claimant. Table 4 shows calculated consumption rates by income bracket and for various household sizes. In determining household size for claims for deceased individuals, the Special Master will assume that children will remain in the household through age 18. Consumption rates calculated using alternative techniques were considered but found to produce higher personal consumption rates and were not ultimately used to determine the Decedent's household consumption offset. Although the consumption rates determined from BLS data actually represent household expenditures as a percent of before-tax household income, the actual consumption reduction used to determine the Decedent's personal expenditures was calculated as a percent of lower after-tax income, which significantly reduces the resulting offset.6 In addition, the Decedent's or injured Claimant's consumption is determined as a share of the Decedent's or injured Claimant's own earnings only, rather than the standard share of total household earnings. This further lessens the resulting subtraction, compared to personal consumption offsets typically applied in litigation, if there are other earners in the household. 8. Calculate the present value of projected compensable income and benefits using discount rates based on a weighted average of historical yields on mid- to long-term U.S. Treasury securities, adjusted for income taxes using a mid-range effective tax rate.7 Because the period of presumed economic losses is either longer or shorter, depending on the Decedent's or injured Claimant's age, the present value calculations are performed using yields on a blend of securities with longer or shorter times to maturity. For computational efficiency, three blended after-tax discount rates were used, depending on the Decedent's or injured Claimant's age as of date of death or time the Decedent or injured Claimant was unable to work or had to reduce work as a result of eligible conditions, and assumed to apply for all years forward. These rates are shown on Table 5, attached.8 The present value adjustments will be based on the period of presumed economic loss (which is in turn based on the age of the Decedent or injured Claimant). 9. The computation methodology adopts a number of assumptions implemented to facilitate analysis on a large scale. When viewed in total, these assumptions are designed to benefit the claimants and are more favorable than the standard assumptions typically applied in litigation. For example, the Special Master considered that over the course of their projected careers, younger Decedent's or injured Claimant's could expect to cross into higher income brackets, and be subject to corresponding higher income tax rates, on account of experience-based real lifetime earnings growth in excess of economy-wide national wage increases. To calculate presumed economic losses, however, whatever income tax rate corresponded to the Decedent's or injured Claimant's determined compensable income bracket as of date of death or time the Decedent or injured Claimant was unable to work or had to reduce work as a result of eligible conditions was assumed to apply for the remainder of the Decedent's or injured Claimant's career, without increase. Likewise, the calculations of presumed economic losses also assume that the personal consumption percent corresponding to the Decedent's or injured Claimant's determined compensable income bracket as of date of death or time the Decedent or injured Claimant was unable to work or had to reduce work as a result of eligible conditions applies for the remainder of the Decedent's or injured Claimant's career, without decrease. It was determined that the net effect of these and other facilitating assumptions was to increase the potential amount of presumed economic loss to the benefit of the claimant. Please click here for detailed Economic Loss Illustrations. 1 Income up to the IRS 98th percentile of wage earners is considered. 2 Average combined effective income tax rates by earnings bracket were calculated based on an analysis of IRS data for the most recent tax years available: 2007, 2008, and 2009. 3 Real life-cycle increases are typically higher in the earlier stages of one's career, one reason being unrealized opportunities for advancement and promotion that individuals in later stages of their careers have already experienced. During the course of an individual's career, the rate of annual real life-cycle growth tends to gradually decline until a peak real earnings level is attained. Although CPS and other data used to study lifetime earnings profiles indicate that peak real earnings typically decline at some point, in calculating life-cycle earnings growth in excess of inflation and overall productivity adjustments for Decedents and injured Claimants, the Special Master has assumed that peak earnings are maintained. 4 Application of individualized unemployment rates by age or occupation was infeasible and determined to be unnecessary. 5 Other standard expenditure categories sometimes included in litigation, namely Reading, Cash Contributions, Alcoholic Beverages, and Tobacco Products, were excluded. 6 These alternative techniques included an analysis of BLS data on household expenditures reported by household size, with expenditure categories allocated equally among household members or allocated according to the methodology suggested by authors Robert Patton & David Nelson in their 1991 Journal of Forensic Economics article, "Estimating Personal Consumption Costs in Wrongful Death Cases." 7 The tax rate used to determine after-tax interest rates is the computed combined Federal, State and Local income tax rate of 15.1% for New York for the $70,000 earnings bracket. Although it is recognized that a different after-tax interest rate could theoretically be calculated for each age, income, and state combination, such a computation was impracticable for the large-scale valuations to be undertaken here. It was determined that the benefit to the claimants of calculating the Decedent's personal consumption offset as a percent of after-tax individual earnings more than outweighed the potential effect of discounting future amounts by income-specific after-tax discount rates. Moreover, computation of the after-tax discount rate using a relatively high combined New York income tax rate, compared to other states, results in a lower after-tax discount rate. The lower the after-tax discount rate, the higher the present value of presumed economic loss. 8 The blended discount rates, before tax adjustment, shown on Table 5 imply real interest rates in excess of inflation of 2.1%. 1.8%, and 1.2%, depending on the average time to maturity consistent with the average duration of presumed losses. 
6.19 What is non-economic loss? The Zadroga Act defines non-economic loss as losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other non-pecuniary losses of any kind or nature. 6.20 How will non-economic loss be calculated? Each person who was killed or injured in the September 11th attacks suffered grievous harm, and each person experienced the unspeakable events of that day in a unique way. Some individuals experienced terror for many minutes, as they were held hostage by terrorists on an airplane or trapped in a burning building. Some individuals had no warning of what was coming and died within seconds of a plane hitting the building in which they worked. While these circumstances may be knowable in a few extraordinary circumstances, for the vast majority of individuals these circumstances are unknowable. After extensive fact finding, public outreach, and review of public comments in the original VCF, the Special Master and the Department of Justice concluded that the most rational and just way to approach the imponderable task of placing a dollar amount upon the pain, emotional suffering, loss of enjoyment of life, and mental anguish suffered by the thousands of individuals killed or injured by the September 11th attacks was to assess the non-economic losses for categories of Claimants. The most obvious distinction is between those who died and those who suffered physical injury but survived. The regulations therefore set a presumed award for non-economic losses sustained by individuals who died as a result of the September 11th aircraft crashes or subsequent debris removal: $250,000, plus an additional $100,000 for the spouse and each dependent of the deceased individual. The latter figures - $100,000 for the spouse and each dependent - included a non-economic component of "replacement services loss." For the new VCF, the Special Master and the Department of Justice determined that no change from these figures is warranted, and so the presumed non-economic awards for deceased individuals will remain the same. As before, non-economic awards are not pre-determined for physically injured Claimants, since each injury is unique. Instead, non-economic awards may be determined based on the extent of the physical harm suffered by the Claimant. 6.21 How will the Special Master determine the amount of my collateral source benefits? The statute defines collateral sources to mean all such sources, including life insurance, pension funds, death benefit programs, settlement payments from September 11th-related lawsuits, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001 or debris removal. The statute and regulations require the Special Master to reduce the total amount of compensation by the amount of the collateral source compensation the physically injured Claimant or the Decedent's beneficiaries have received or are entitled to receive as a result of the terrorist-related aircraft crashes or subsequent debris removal. The Special Master will exercise discretion in valuing the appropriate deductions for collateral offsets including by determining: 1. Whether the particular offsets fall within the definition of collateral sources; 2. Whether beneficiaries of the VCF are "entitled" to receive compensation from those collateral sources; 3. Whether the collateral source compensation is certain or can be computed with sufficient certainty to enable its deduction while ensuring that beneficiaries receive the total compensation that is appropriate; and 4. The appropriate amount of the compensation that should be deducted, taking into account the time value of money and contributions made by the injured Claimant or Decedent in the nature of investment or savings. 6.22 What may be excluded from the definition of a collateral source benefit? While it is not possible to define in advance every possible collateral source deduction, a few general illustrations should provide guidance. 1. The Special Master has discretion to exclude from consideration life insurance proceeds that are distributed to persons other than the beneficiaries of the VCF. 2. The Special Master has the discretion to adjust the amount of offsets to exclude premiums or assets that were accumulated by the injured Claimant or Decedent through self-contributions paid into a life insurance program to build up a tax-deferred cash value. 3. The Special Master may reduce the amount of the offset for a pension to take account of self-contributions to that plan over the injured Claimant's or Decedent's lifetime. 4. The collateral source offsets will not include monies or other investments in the injured Claimant's or Decedent's 401(k) accounts. Moreover, the final regulations provide that tax benefits received from the Federal government as a result of the enactment of the Victims of Terrorism Tax Relief Act of 2001 (Pub. Law No. 107-134) will not be treated as collateral source compensation. 6.23 Will collateral offsets that are paid periodically be reduced for the time value of money? Yes. The Special Master will only offset the present value of collateral source compensation. This has the effect of decreasing offsets and, thus, increasing the amount of awards. As an example, in the case of Social Security children's benefits, the Special Master would determine the monthly benefit to the child, multiply that benefit by the number of months remaining until the child reaches age 18 (taking into account possible limits such as maximum family benefits available), include - if consistent with Social Security guidelines - a factor for inflation, and then discount the total to present value to determine the amount of the offset. 6.24 Are charitable gifts offset? Will a benefit from a charity managed by a government agency be considered as a collateral offset? No. The final regulations clarify that benefits from charities (privately-funded charitable entities) disbursing private donations will not be treated as collateral source compensation, even if such charities were created or managed by governmental entities. 6.25 Are payments made by the various State Victim of Crime Boards funded with federal funds considered collateral offsets? No. 6.26 Will my workers' compensation be treated as a collateral offset? The Special Master has determined that workers' compensation benefits that are contingent on future events will only be offset to the extent they have already been paid. 6.27 How will the Special Master calculate the appropriate offset for "contingent" benefits? Some survivors may be eligible for benefits or payments from certain programs that provide periodic payments subject to adjustment or termination depending on potential future events that cannot be predicted. Examples include Social Security survivor benefits to the spouse of the Decedent. Such benefits are paid only under certain conditions and only for certain periods of time. Further, the benefits are paid periodically over a period of years. Where the benefits to be paid due to death of the Decedent are uncertain, unpredictable or contingent on unknown future events, the amount of compensation to which the survivor is entitled can be impossible to compute with accuracy. In those instances, the Special Master has discretion not to require a full deduction where the amount of the collateral source compensation cannot be determined with reasonable certainty. Thus, for example, the Special Master has determined that workers' compensation benefits that are payable only if the spouse does not remarry will only be offset to the extent they have already been paid. Likewise, Social Security and similar benefits payable to a surviving spouse only if the spouse does not remarry or does not earn income above a certain threshold will be offset only to the extent they have already been paid. By contrast, survivor benefits from the Social Security Administration and from the military to children of Decedents - who generally are entitled by law to periodic payments until they reach the age of 17 or 18 - can reasonably be computed and will be offset. 6.28 Will my Social Security survivor benefits that I am receiving for myself as a surviving spouse and for my children be counted as a collateral offset? Social Security and similar benefits payable to a surviving spouse only if the spouse does not remarry or does not earn income above a certain threshold will be offset only to the extent they have already been paid. Survivor benefits from the Social Security Administration and from the military to children of Decedents - who generally are entitled by law to periodic payments until they reach the age of 17 or 18 - can reasonably be computed and will be offset. 6.29 Will the money the Decedent spent on premiums for his/her life insurance plan be included in the offset? The Special Master has discretion to adjust the amount of offsets to exclude premiums or assets that were accumulated by the Decedent through self-contributions paid into a life insurance program to build up a tax-deferred cash value. 6.30 Will the money the Decedent contributed to his/her pension be included in an offset? The Special Master may reduce the amount of the offset for a pension to take account of self-contributions to that plan over the Decedent's lifetime. 6.31 How will the VCF determine an individual's level of disability or incapacity for purposes of calculating economic loss? (Added: December 5, 2011) For purposes of calculating economic loss, the VCF will consider whether the claimed injury or condition caused temporary or permanent disability or incapacity as well as whether the disability or incapacity is partial or total. The VCF may consider determinations of disability made by certain government agencies and private insurance companies in evaluating the claim. For example, if an individual is claiming a total permanent disability due to a covered injury or condition, the VCF may accept a determination of disability made by the Social Security Administration - provided that determination is based on the same covered injury or condition - without further medical evidence or review. The VCF may also consider a determination of permanent disability made by other government agencies (e.g., state workers' compensation programs) or private insurers in evaluating the claim. In some cases, the VCF may require an additional medical evidence to support a claim of disability. Claimants should therefore submit to the VCF for review and consideration any disability determinations made by the Social Security Administration and other government agencies, as well as any evaluations performed by private doctors, insurers or institutions. If an individual is claiming a temporary disability, the VCF may consider evidence regarding the length of time the Claimant was absent from his or her employment. 7. Waiver/Certification 7.1 What does it mean to waive rights to file a lawsuit?
7.2 Whose rights are waived by filing a claim? The Claimant's rights are waived. The statute may be interpreted to mean that the submission of a claim for a deceased individual will waive the rights of other beneficiaries of that individual to file a lawsuit. 7.3 When do I give up my rights to file other claims in court? You waive your rights once your submission of an Eligibility Form is deemed substantially complete based on the determination of a Claims Evaluator. When submitting your Eligibility Form, you will sign an acknowledgment that your right to file a lawsuit is waived once your Eligibility Form is deemed substantially complete. After the VCF receives your signed attestations and certifications (including this acknowledgment), a Claims Evaluator will begin evaluating your claim. Your Eligibility Form will be deemed substantially complete before or at the time that you receive an eligibility determination. Thus, be advised that you may waive your rights to file other claims before you find out whether you are eligible for compensation from the VCF. You may submit both portions of the claim form - the Eligibility Form and the Compensation Form - at the same time, or you may choose to file the Eligibility Form before filing the Compensation Form. Even if you file both Forms together, the VCF will make separate determinations about when each portion is substantially complete. That is, your Eligibility Form will likely be deemed substantially complete before your Compensation Form. Regardless of whether you file the Forms together or separately, your right to file a lawsuit is waived once your Eligibility Form is deemed substantially complete. 7.4 What happens if I file a claim with the VCF and also file a lawsuit against someone who is not a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act"? (Updated: November 22, 2011) Section 405(c)(3)(C)(i) of the statute states that a Claimant to the VCF "waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, or for damages arising from or related to debris removal" and makes exceptions only for lawsuits "to recover collateral source obligations" and lawsuits against a defendant that is a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act." If you file a claim with the VCF and later file a lawsuit against someone who is not a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act," you are still eligible for compensation from the VCF, but your lawsuit will be dismissed. Please be advised that in order to file a claim with the VCF, all pending and prior September 11th-related lawsuits must be settled or withdrawn in accordance with the rules described in FAQ 2.13. 7.5 What documentation is required to demonstrate the timely "withdrawal" of a pending lawsuit related to September 11, 2001 - i.e., withdrawal of the lawsuit on or before January 2, 2012? (Updated: April 19, 2012) You must submit a copy of the notice of withdrawal/dismissal filed on or before January 2, 2012 by the Claimant (or on behalf of the Claimant). This proof must include confirmation that the notice was filed with the court. For example, you can submit the actual notice showing the file stamp or a confirmation from the ECF system. In addition, the VCF will not issue payment on any claim (assuming the claim is eligible) until it receives the final order of the court confirming the withdrawal and dismissal of all claims. 8. Funds and Awards 8.1 When will I receive my full award? Once the Eligibility Form is fully submitted and is determined to be substantially complete, the VCF will issue a determination on eligibility. If you are determined to be eligible, the VCF will issue a determination on compensation once your Compensation Form is fully submitted and deemed substantially complete. You will have the right to appeal both determinations. Once you have accepted the award or completed the appeal process, the VCF will issue a payment within 20 days of that date. These initial payments will not contain a Claimant's full award. In order to ensure that there is enough money to make a payment to every Claimant who is entitled to receive a payment, the Zadroga Act provides that the first payment to each Claimant should contain a portion of the full award. As a result, the size of that first payment will depend on the amount of the Claimant's full award, as well as the total number of Claimants and the amount of money available. The Zadroga Act provides that most of the available money will be distributed at the end of the program, so in most cases these initial payments will be significantly less than the full award. The Zadroga Act provides that $875 million will be available to pay claims in the VCF's first five years. The Act provides that the remainder of the award may be paid five years after the VCF opens. Claimants can thus expect to receive the rest of their payment in 2016-2017. Depending on the number and type of claims, and in order to ensure that all eligible Claimants receive an award, the Zadroga Act's cap on funding means that it is possible that those payments will be pro-rated. Because initial payments will reflect only a portion of the total payment that a Claimant can expect to receive, the Claimant may wish to consult with a financial planner regarding how to make best use of the payments as they are received. 8.2 Will there be a procedure for receiving early payments, or "advance benefits," as they were known in the first VCF? No. The Zadroga Act requires two rounds of payments: an initial payment to each eligible Claimant during the VCF's first five years, after the Claimant's claim has been reviewed, followed by a second payment in the VCF's sixth year. Although the VCF will not offer early "advance" payments, if it becomes apparent that sufficient funding is available for additional payments before the sixth year, the final regulations give the Special Master discretion to make such additional payments. 9. Hearing/Appeals 9.1 When can I have a hearing? If you seek to appeal a decision of the Special Master, you can elect to submit a paper appeal or to have a hearing. 9.2 How long will hearings last? There is no specific time limit. However, the Special Master does not expect that hearings will last more than a few hours. 9.3 Will I be able to have a hearing? Yes. Any Claimant or Personal Representative who wants to can have a hearing. It is your option. 9.4 Who will conduct the hearings? The hearings will be conducted by the Special Master or designees of the Special Master who will be trained expressly for this procedure. Designees will be qualified, trained individuals. 9.5 Can I present evidence or witnesses at the hearing? Yes. These hearings will be conducted in a non-adversarial manner. The objective of the hearing is to permit the Claimant or Personal Representative to present information or evidence that he or she believes is necessary for a full understanding of the claim. You will be permitted, but not required, to present witnesses, including expert witnesses. The hearing officer will be permitted to examine the credentials of experts. 9.6 Who can present information or evidence at the hearing? The Personal Representative or the physically injured Claimant, any witness the Personal Representative or the physically injured Claimant wishes to have, and any interested party may present information or evidence at the hearing. 9.7 Will decisions be made on the spot at a hearing? No. You will receive the decision of the Special Master after the hearing. 10. Legal Issues 10.1 Is my VCF award taxable? The awards are not subject to federal income tax. In Revenue Ruling 2003-115, the Internal Revenue Service determined that periodic payments made to a Claimant of the VCF pursuant to certain agreements are excluded from the gross income of the Claimant. Similarly, any payments to an estate or secondary beneficiary pursuant to such agreements are excluded from the gross income of the successor beneficiary. 10.2 Can my VCF award be seized in a bankruptcy proceeding? How an award is handled in bankruptcy will depend on the facts and circumstances of each individual's situation. An attorney may be able to provide more information based on each individual's particular case. 10.3 If I am eligible for the VCF, am I also eligible for veterans benefits? The VCF is open to certain individuals who suffered personal injuries or death as a result of the terrorist-related aircraft crashes of September 11th or subsequent debris removal, regardless of whether they qualify as veterans. Individuals with questions about their eligibility for veterans benefits should contact the Department of Veterans Affairs. The Zadroga Act requires the Special Master to apply certain offsets to reduce the amount of compensation by the amount of collateral source compensation that the Claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11th or subsequent debris removal. Whether veterans benefits will be offset (so that the award is reduced) will depend on the specific benefit (i.e., what the benefit is for and whether it is contingent.) 11. Attorney-Client Issues 11.1 Do I need an attorney to participate in the VCF? No, you are not required to have an attorney. You are free to consult with attorneys and you should make your own decision as to whether you wish to engage an attorney. Some attorneys have indicated a willingness to provide some assistance on a pro bono basis. 11.2 If I choose to use an attorney, how will the attorney be paid? The VCF will not reimburse Claimants for fees charged by their attorneys. Such fees must be paid by the Claimant. The Zadroga Act also provides a limitation on how much an attorney may charge in connection with the VCF. Under the Zadroga Act, attorneys may not charge any Claimant more than 10% of the payment the Claimant receives as a VCF award. Attorneys who also charged their client a fee in connection with certain other September 11th-related litigation and settlement may only charge that client for representation before the VCF if the attorney's total charge for both representations does not exceed 10% of the client's total award in the other September 11th-related litigation. 11.3 If I was a plaintiff in another September 11th lawsuit, and my attorney signed a release before the bill was enacted and I opt in to that settlement, am I eligible for the VCF? (Updated: April 19, 2012) The Zadroga Act states that if an individual tendered a release after the Zadroga Act was enacted on January 2, 2011, the individual is not eligible for the VCF. The VCF will address the question of eligibility on a case-by-case basis. If your attorney had authority to sign a release on your behalf and that release was signed and submitted to the defendant consistent with the terms of the settlement agreement between the Claimant and the defendant prior to January 2, 2011, then the release will not bar the VCF claim. If the release was tendered by that date but did not release all claims in the lawsuit, you may still be eligible for compensation from the VCF if all remaining claims in the lawsuit were withdrawn by January 2, 2012. (See FAQ 7.5 for more information on what constitutes "timely withdrawal.") 11.4 Where can I find out information about the settlements achieved in New York courts? The VCF cannot provide information about private settlements. The VCF is a government program, established by Congress, and is separate from the lawsuits between individuals and the Port Authority, the Captive Insurer, and others. Individuals with questions about the settlements should contact their lawyers. 11.5 Will settlements in civil suits regarding injuries related to September 11th affect my award in the VCF? Yes. The Act provides that the amount of the award shall be reduced by the amount of collateral source compensation that the Claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001 or debris removal. Therefore, settlement payments from lawsuits will be deducted from any award. |