The VCF does not reimburse recipients for attorney's fees, which are to be paid by the claimant. Here are popular VCF payout questions answered: Pending disability applications: What to do if you are waiting for a disability decision from a government entity or insurer. The VCF has made initial award determinations on 34,464 eligible claims (see chart below), and has issued at least one amended award determination on . Likewise, if you are disabled due to an Obstructive Airways Disease and you have been deemed eligible by the VCF only for Interstitial Lung Disease, the disability determination is not a basis for awarding lost earnings. This is determined based generally on the nature and severity of your condition and the effect of the condition on youractivities of daily living; itdoes not take into account economic loss caused by the condition. 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 victims. A decedents expenditures were calculated as a share, based on household size, of certain expenditure categories. This includes last 5 years total earnings prior to retirement, including salary, holiday pay, night shift differential pay, and overtime. The VCF was paying 10% of the settlement amounts immediately, with 90% due on its planned . 9/11 Victim Compensation Fund Formula & Payouts The maximum amount for eligible non-cancer conditions is $90,000. For example, if you received a promotion before becoming disabled and if the earnings history did not reflect that promotion, then you must provide proof of the promotion and any earnings adjustment resulting from the promotion. If services are no longer relevant, they will not be compensated (for example, child care services will not be compensated after the child reaches age 18). Thus, if you retired on a disability pension due to an eligible condition, the VCF will only offset that pension to the extent it is greater than the amount you were entitled to receive as a service pension. NYCERS will only accept LOAs dated within one year of the date the VCF (or the law firm for requests already sent directly to NYCERS) sends the request for information to NYCERS. The VCF may also, in an appropriate case, make a replacement services award in a personal injury claim where the claimant did not have prior earned income or worked only part-time outside the home. For eligible cancers, the non-economic award will generally range between $90,000 and $250,000, depending on the type of cancer and the medical evidence provided regarding metastasis, recurrence, and/or permanent complications. If you do not notify the VCF, we will assume that there are no liens. 2. The VCF will not compensate for any travel expenses you incurred while seeking medical treatment, including the cost of gas, public transportation, hotels, and meals, except in extraordinary circumstances. This approach was intended to avoid a penalty to the victim. A member of the Kreindler 9/11 VCF team can discuss all of these factors with you. Rupa Bhattacharyya '95 can pinpoint the hardest decision she had to make in her 25 years as a government attorney. If you notify the VCF more than 90 days after the date you learned that you were entitled to receive a new or revised collateral source payment, the VCF may adjust your determined or paid award to reflect the new or revised entitlement or payment as an offset, which may result in a lower award. 42 U.S.C. For that reason, even if a claimants eligible condition has worsened since VCF1, s/he may not qualify for additional losses. You will need to submit documents to show the benefits you received before the eligible injury/death and any claimed losses associated with employer-provided benefits. (generic name is listed first, followed by brand name). Personal Injury Losses, (including losses before death when the victim is deceased), Offsets Applied to For more information on the WTC Health Program List of Covered Conditions and 9/11 Victim Compensation, please contact Pitta & Baione at 844-982-2667 or info@pittabaione.com. If you were found to be partially disabled due to an eligible condition in VCF1 based on an FDNY disability determination, and the Social Security Administration subsequently determined that you became fully disabled due to the same condition after your VCF1 award was issued, you may be eligible for additional compensation. As a general rule, under the terms of the VCF Act, the Special Master has identified the following conditions as presumptively less severe and debilitating and thus warranting lower awards, absent medical documentation of severity, than the highest allowable for a non-cancer condition: Asthma/RADS, Barretts Esophagus, Bronchiecstasis, Chronic Airway Obstruction, Chronic Bronchitis, Chronic Cough, Chronic Obstructive Pulmonary Disease, Chronic Rhinitis, Esophagitis, Gastroesophageal Reflux (GERD), Laryngitis, Nasopharyngitis, Obstructive Sleep Apnea, Pharyngitis, Respiratory Conditions due to Fumes or Vapors, Rhinosinusitis, Sinusitis, and Traumatic Injury or Musculoskeletal Disorder. Recent medical records or treating physician statements showing use of assistive devices that significantly impair activities of daily living such as breathing devices that may be used for Obstructive Sleep Apnea. You must complete and submit a consent for release of SSA information (Exhibit 1 to the Claim Form) in order for the VCF to obtain this information. For example, the VCF will deduct from a lost earnings award the amount that an FDNY victim receives under a WTC disability pension provided that the disability pension is for an eligible condition, but will not deduct a disability pension from the non-economic loss award. If you submitted a claim for economic losses, but the VCF issues an award for non-economic loss only because of missing documents, the VCF will reconsider the economic loss award only on amendment. Depending on their circumstances, FDNY victims should submit either two, three, or five documents (depending on their specific situation as explained below) to demonstrate that they have been found disabled as a result of a VCF-eligible condition or injury. Income before taxes: Average annual expenditures and characteristics, Consumer Expenditure Survey, 2009, published by the Bureau of Labor Statistics (BLS). If you have a prior claim that has already been decided and paid, and you believe you should be considered for the exception, please amend the claim to submit the request for review. Are VCF Awards Taxable? A 9/11 Attorney Explains . The information that the VCF needs depends on your employer/retirement system: See Section 2.2f for FDNY, 2.2g for NYPD, 2.2h for members of the New York City Employees Retirement System (NYCERS), 2.2i for members of the New York State and Local Retirement System (NYSLRS), 2.2j for Federal employees including the military and military reserve, 2.2k for Union/Verizon/Con Edison, and 2.2l for other employers that are not listed. Obstructive Airways Diseases include asthma, bronchiectasis, chronic airway obstruction, chronic bronchitis, chronic obstructive pulmonary disease (COPD), emphysema, reactive airways disease, reactive airways dysfunction, and respiratory conditions due to fumes and vapors. Examples of the types of tasks that are considered for replacement services compensation are services that the victim provided to the family, such as cleaning, cooking, child care, home maintenance and repairs, and financial services. Moreover, the VCF will not disregard a determination that attributed your disability to an ineligible condition, even if it was later changed. The VCF also refers to non-economic loss as a "pain and suffering" award. (LockA locked padlock) This section describes the evidence you must submit to substantiate your claim for lost earnings. The 9/11 victim compensation fund formula is generally as follows: Non-Economic Losses + Economic Losses - Collateral Offsets = Award Amount. We will not process your claim until a determination on your disability application is made. Once the VCF confirms that you have met the eligibility criteria, we begin initial review of your compensation information. As a result, the VCF has established specific criteria about when and how you should submit your claim for medical expenses. Disabling conditions that fall in one category will not be deemed equivalent to conditions that fall in another category. Non-Cancer VCF Payouts. The VCF also offers compensation for non-economic losses to the families of 9/11 victims who died as a result of the attacks or subsequent debris removal. Treatment expenses billed to you as a co-payment, after denial of insurance coverage, or that you pay because they fall within your insurance deductible, may be reimbursed if appropriate documentation is submitted. 1.8%, and 1.2%, depending on the average time to maturity consistent with the average duration of presumed losses. Independent of life-cycle increases, inflation and real overall productivity increases of 2% and 1%, respectively, are applied each year. September 11 Victim Aid and Compensation Fast Facts - KESQ Generally speaking, a NYPD victim who has been granted a WTC disability pension does not need to submit any additional compensation/pension documentation unless the claimant asserts loss from non-NYPD employment. For example, if you left the workforce more than one year before the onset of your eligible disability, the VCF will consider the reasons you originally left the workforce and the probability that you would have returned to the workforce were it not for your eligible condition in determining the extent of your earnings and benefits loss. If that is the case, then the VCF must determine the extent of that loss. What Are the Average Compensation Amounts for 9/11 Victims? The VCF awards compensation to 9/11 responders and survivors who have been diagnosed with health conditions linked to the toxins in the dust cloud. 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 decedent and not available to other household members. According to the Eighth Annual Status Report, in 2019, the VCF made victim compensation payouts to nearly 26,000 claimants in the amount of $6 billion. The Victim's Compensation Fund (VCF), which provides benefits to 9/11 survivors facing health issues or economic losses as a result of the World Trade Center collapse, opened in 2001 after the . Employer-provided benefits: Add the value of employer-provided benefits (or other benefits received through employment, such as from a union or government pension program). In addition to evidence of a disability and a compensable loss, you must submit information about collateral source payments that the VCF may be required to offset against a lost earnings award. Any additional factors influencing military pay are assumed to be included in your reported military pay and will not be compensated separately. A personal statement discussing the impact of the eligible conditions on your life. 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. The VCF (which stands for "Victim Compensation Fund") provides financial compensation for those who were physically injured or died as a result of an eligible 9/11-related illness (these include cancer claims ). We are committed to representing our fellow New Yorkers to secure all of the compensation your sacrifices have entitled you to. The victims most recent Earning and Leave Statement prior to retirement may have all of this information except the Effective Date, so if that document is submitted in place of the SF-50, the claimant will need to also provide his/her Effective Date. If you were eligible for bonuses, deferred compensation, stock options, or any other form of compensation that might not be reflected in the SSA earnings report, you must submit proof of such forms of compensation if you want the VCF to consider such forms of compensation or increases in compensation in evaluating your claim. This means you must submit an amendment and request re-review of your economic loss claim. Rare Cancers. Chronic obstructive pulmonary disease (COPD), Respiratory conditions due to fumes and vapors, Cyclosporine (Restasis, Sandimmune, Neoral, Gengraf, Apo- Cyclosporine), Methotrexate (Trexall, Rheeumatrex, Rasuvo, Otrexup), Pathology Esophagus, gastric, duodenum specimens, Cryotherapy ( also known as cryoabalation, cryosurgery). For example, the Special Master considered that over the course of their projected careers, younger victims 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. Kreindler has been helping 9/11 victims since 2001, and to-date, we have helped our clients recover more than $3 billion through the Victim Compensation Fund. Our claim analysis therefore always begins with three essential questions: was there a demonstrable loss, can we reasonably conclude the loss was caused by a WTC-related eligible condition, and what makes sense in the context of this claimant and the individual circumstances of this claim? Note that in general, the VCF will need medical records substantiating claims of medical procedures (surgery, etc.). For example, if a claim is submitted on January 1, 2020, recent medical records are those dated after January 1, 2017. Where there is a finding of partial disability or if there are multiple disability determinations, some for eligible conditions and some for ineligible conditions, the VCF will compute the percentage of income lost based on the percentage of disability attributable to eligible conditions. It may also include documentation that was included in the claimants pension file and was reviewed in the course of the disability determination process. A lock There are limited circumstances in which the VCF may assume that the victim would have continued working past age 65, such as where the victim was providing financial support to minor children. For example, documents that show hospitalization, surgery, emergency treatment, and/or treatment for side effects of the condition. If you wish to seek a waiver, please contact the VCF Helpline. When viewed in total, these assumptions are designed to benefit the victim and are more favorable than the standard assumptions typically applied in litigation. The VCF Act establishes certain caps on non-economic awards for physical injury claims. The VCF provides financial compensation to individuals (or a personal representative of a deceased individual) who were present at the World Trade Center or in the VCF's NYC Exposure Zone ; the Pentagon crash site; or the Shanksville, Pennsylvania, crash site, at some point between September 11, 2001, and May 30, 2002, and who have been . If you are receiving a pension (either directly or as a beneficiary of a decedent), you will be required to submit: In general, the VCF will use the following procedures and assumptions for determining future lost earnings for both deceased and injured victims: 1. World Trade Center Health Program: Approach Used to Add Cancers to List of Covered Conditions was Reasonable but Could be Improved, GAO-14-606, July 2014. For these claims, it may be necessary to provide additional documentation that explains the relationship between your loss of earnings and benefits and your eligible condition(s). If your condition has limited your activities, please submit any explanation or documentation that explains this effect of your condition. The VCF will consider the WTC Health Program Disability Evaluation report in combination with the facts and circumstances of the claim to determine if a lost earnings award is appropriate. His VCF award was $1,012,392 reduced by offsets for a pension and prior lawsuit of $404,833, for a total award of $607,558. There is a cap on certain types of non-economic awards According to VCF.gov, the maximum noneconomic award for any single type of cancer is $250,000, except skin cancer, which is in the range of $90,000. Below is a sample of some of our recent awards for our clients: $4.4 million. In determining household size for claims for decedents, the Special Master will assume that children will remain in the household through age 23. Beginning in February 2019, the VCF's special master began to reduce some award payments because the fund's administrators anticipated that the VCF would not have sufficient funds to pay all valid claims. The VCF must consider evidence of an eligible disability in light of all the evidence, including an ineligible condition that is also disabling. In the earliest years of the September 11th Victim Compensation Fund, payouts ranged from $500 to $8.6 million. 300mm-22(a). In general, you must submit: The VCF generally will use information obtained from the Social Security Administration (SSA) to determine earnings history. The VCF was reauthorized on December 18, 2015, with the enactment of Title IV of Division O of the Because you are eligible for treatment and medications once your condition is certified, the VCF will not reimburse for expenses you incur after your condition is certified if you decide to be treated by a non-WTC Health Program physician, or to have your prescriptions filled by an unaffiliated pharmacy. Second, everything we do must be faithful to the statute that authorizes our work, the VCFAct (codified at 49 USC 40101 Note, Title IV). The VCF may obtain information directly from the WTC Volunteer Fund regarding VCF claimants with WTC Volunteer Fund claims, which will allow the VCF to investigate the basis of any disability benefits, the amount of such benefits, and any other information that may be relevant to the VCFs computation of loss. The VCF will consider claims for medical expenses only if the total amount legitimately claimed in your amendment exceeds $5,000. Below are some illustrative examples of how VCF1 awards are considered: As part of the economic loss component of your claim, you can request reimbursement for past out-of-pocket medical expenses you have paid as a result of your eligible condition(s). [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. Non-Disabling Cancer Awards The following are some of the hundreds of noneconomic loss awards that the VCF has issued to our clients with non-disabling cancers and other WTC-related illnesses. Do not hesitate to contact us toll-free at 844-982-2667 if we may be of service. 9/11 Breast Cancer Victims Entitled to Compensation This survey is widely recognized as a primary source of data on employment status and workforce characteristics of the civilian non-institutional population ages 16 years and older. A claimant may be partially disabled from performing a certain occupation due to his/her eligible injury or condition but the fact of an occupational disability alone will not warrant a non-economic award higher than the presumptive base value. Age, start of loss and compensable income: Establish the victims age and compensable income at death or at the time the victim was determined to be unable to work by a governmental entity, or had to reduce work, and suffered a loss of income as a result of eligible conditions. While every individual's claim is different depending on their individual circumstances, this is a standard calculation used for everyone who has an eligible condition to file a claim. partnerships with the World Trade Center ("WTC") Health Program and 9/11 advocacygroups, . If, however, the certified condition significantly impairs activities of daily living or if the certification does not reflect the severity of the condition, additional documentation of the types described below can help the VCF evaluate whether an increased non- economic loss award within the appropriate range is warranted. 107). Application of statutory limitation on annual gross income: In accordance withthe VCF Act, for each year of loss, the methodology limits the annual loss of earnings and other benefits related to employment that fall under the definition of gross income in section 61 of the Internal Revenue Code of 1986 to $200,000. The VCF will consider reimbursement of out-of-pocket medical expenses that you incurred up until the date of certification of the applicable condition(s). After your award is received, any changes in entitlement to survivor benefits, such as a determination of continuing disability at age 18, should be reported on the Collateral Offset Update Form.. A .gov website belongs to an official government organization in the United States. These benefits will be set at actual levels if you provide the necessary data. Second, you need to show that you were unable to work, or unable to work at the same level, because of an eligible physical condition. The amendment may be filed at any time following receipt of your initial award determination, but no later than October 1, 2090. [2] Effective income tax rates derived from IRS data for New York are shown in Table 1 below. Award Payment Statistics - September 11th Victim Compensation Fund of 2001 If you have already filed your claim requesting economic loss, but you have a disability application pending or you are qualified to apply for disability, you should notify the VCF immediately that there is a pending disability application or that you intend to apply. Compensation Programs - WTC Health Program - CDC If Year 5 total earnings exceed 120% of average, the pension basis will be capped at 120%. See Section 2.3 for a detailed explanation of the methodology used to calculate future lost earnings. Note: In deceased claims, once we have finalized substantive review of your compensation claim, you will not be able to amend your claim to provide any missing information that you did not previously submit. The Special Master has the discretion to adjust the amount of offsets to exclude premiums or assets that were accumulated by the victim through self-contributions paid into a life insurance program to build up a tax-deferred cash value. payments under the September 11th Victim Compensation Fund of 2001 . Note: If you received a non-economic loss award in VCF1, the VCF will consider the amount previously awarded when determining whether additional compensation is warranted in light of the 2015 reauthorization statutes prioritization mandate and non-economic loss caps. 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. For the VCF to consider your claim for medical expenses, you must submit the following documents in support of your claim: (1) A document that demonstrates that the expense is related to one of your eligible conditions as explained below, unless the expense is on the list of Presumptively Compensable Expenses (see Table 6 below); and. The World Trade Center Health Program reports that approximately 18,000 people who were exposed at Ground Zerovictims and first responders alikehave since been diagnosed with cancer related to this toxic exposure, with more diagnoses expected in the future. 9. The VCF will calculate such loss on a case-by-case basis using documentation submitted by the Personal Representative. If the governmental agency determines that the cause of disability is a condition that the VCF has found eligible, then the disability determination will provide a basis for a determination of future loss of earnings/benefits. For example, you could submit letters or reports from specialists who treated your eligible conditions. Collateral sources may include 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 in the immediate aftermath. For example, the victim may suffer from multiple types of cancer or may have a severe non-cancer eligible condition along with an eligible cancer. PDF Victim Compensaton Fund Frequently Asked Questions Given the statutorily designated backstop through the Uninsured Employers Fund, future funding for the WTC Volunteer Fund is now certain. Note that proof of exacerbation is required to support an additional award for economic loss in VCF2 if economic loss was awarded in VCF1. Death claims averaged a compensation amount of $2,082,128. If you were compensated fully through sick pay or other compensation, that means you have not lost compensation. In order to qualify for discrete past lost earnings (i.e., losses incurred before you filed your VCF claim or losses incurred in the absence of a third-party disability occupational disability determination), you must show that you were unable to work, or unable to work at the same level, as a result of an eligible condition and that you incurred losses as a result. If your employer provided benefits such as a 401K match or other types of benefits that you would ordinarily receive at the time of retirement, you should submit proof of such benefits in order for the VCF to compute the loss. The start of loss date is typically the onset date of disability. Three principles guide this inquiry. A special responsibility. Do Multiple Certified Conditions Increase a VCF Award Amount? Suffering from constant nasal inflammation, stuffy nose, pain and swelling around your nose and in your sinuses, and reduced taste or smell are common indicators. This includes compensation paid to your dependents or to the beneficiaries of a deceased victim as a result of the eligible injury, such as benefits that the Social Security Administration pays to dependents of a disabled or deceased wage earner. Table 4 below shows calculated consumption rates by income bracket and for various household sizes. 4 You should then deduct the amount you have received or are entitled to receive from any collateral sources as described above. Each award is calculated individually. Replacement services loss is intended to replace something that was lost that is, something the victim used to do. Recent medical records documenting severity and/or effect of the condition on daily life. Money is also allocated to people who have been diagnosed with cancers, lung diseases, and numerous other non-cancerous medical conditions after being exposed to dust, debris, and other toxins at Ground Zero. If you are claiming reimbursement for expenses relating to conditions that are not certified, we will consider reimbursement for expenses you incurred at any time before you filed your medical expenses claim, subject to the specific circumstances of your individual claim.