Updated: Policies and Procedures and Associated Documents

We continue to refine our policies and procedures, and have made the following noteworthy updates to our online policy resources:

• The laws governing the VCF are collectively referred to as the “VCF Act” in the updated policies and procedures.
• The sections regarding Proof of Presence have been reorganized and include a number of updates:
  • Primary evidence of presence (third-party verification and contemporaneous documents) is explained in Section 1.7.
  • Information about the VCF Witness Presence Statement has been added. This form was created to replace affidavits and helps ensure that a witness is providing a thorough and complete response in support of a claimant’s request. See Section 1.8 for more details.
  • The VCF has agreements with certain employers and unions to provide information about presence in support of VCF claims.  These updates can be found in Section 1.9.
  • Insufficient evidence of presence (Section 1.10) is a new section that explains how the VCF processes submissions that do not meet the standards for establishing presence at a crash site or in the NYC Exposure Zone.
• Preliminary Review is explained in Section 1.12, including information on the new automated document check process.   
• Documentation of non-economic loss (Section 2.1 c): The VCF will not review voluminous medical records (i.e., 75 pages or more) that are submitted without highlighting or a written guide, and will award non-economic loss at the lowest end of the range based solely on the WTC Health Program certification of the eligible conditions.
• Past out-of-pocket medical expenses (Section 2.4 a): The VCF will only reimburse medical expenses if they exceed $5,000 and were paid prior to the date the WTC Health Program certified the applicable condition as eligible for treatment (“applicable condition” refers to the specific condition for which the expenses were incurred). In deceased claims, medical expenses must be claimed with the initial claim. For all medical expense claims, you must submit the VCF Medical Expense Worksheet and a Medical Expense Supporting Documentation Packet.
• Documents required to demonstrate disability (Section 2.2 d): If a claimant has a disability determination from the U.S. Department of Labor’s Office of Federal Employees’ Compensation (“FECA”) program, the VCF will obtain information about the determination directly from the Department of Labor.
• Expedite Process (Section 8): This is a new standalone section explaining the expedite process for terminal illness or financial hardship.

Frequently Asked Questions:

In support of these updates, we have updated our existing FAQ 6.5 regarding medical expenses.

Additional Updated Documentation:

We have updated several of our forms and resources to support these changes.  Please note the following updates:

Document Checklists (Personal Injury and Deceased Claim)

How to File an Amendment

How to claim Medical Expenses

VCF Medical Expense Worksheet

Presumptively Compensable Expenses