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. 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. This approach was intended to avoid a penalty to the victim. Therefore, this information should be viewed as a general guide to how the VCF implements our fundamental principles: fairness to the claimants, faithfulness to the statute, and accountability to the public, in the service of compensating demonstrable loss caused by an eligible condition. The VCF focuses on recent documentation, from within three years of the claim submission date, when evaluating non-economic loss. The VCF cannot award lost earnings for a disability that is not clearly related to an eligible condition. You have a new physical injury or condition that you had not suffered at the time of the VCF1 claim filing or that was not compensable at the time of VCF1; c. You have not already been fully compensated for your losses. When filing your amendment, you must identify the specific type(s) of economic loss claim(s) you are withdrawing: past lost earnings, future lost earnings, replacement services, and/or medical expenses. 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. VCF Factsheet - WTC Health Program - CDC How Much Are VCF Cancer Payouts? - Top Class Actions See Section 5 for additional information about amending your claim. . 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. 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. If you do not notify the VCF, we will assume that there are no liens. The VCF will also use the standard default values if you did not have benefits or if your benefits were less than the standard default values. Typically, the VCF's . Recent test results and treatment prescribed that show the severity of your condition. This includes last 5 years total earnings prior to retirement, including salary, holiday pay, night shift differential pay, and overtime. The types of documents listed below can assist the VCF in the evaluation of your claim: A document from your physician summarizing the medical history of your condition and treatment will often be sufficient to prove the extent of your non-economic loss. Personal representatives must submit the following: A letter from the union/Con Edison/Verizon stating the monthly (or lump sum) amount of your survivor pension. Other examples include computed tomography scans, x-rays, endoscopies, esophagogastroduodenoscopies, laryngoscopies, polysomnography or sleep studies, or other diagnostic and treatment procedures. 9/11 Victim Compensation Fund Formula & Payouts If, as a benefit of your employment, you are a member of a defined benefit pension plan, and you submit documentation of all information required to calculate a pension benefit under your plan, the VCF generally will calculate your benefits using that data. If you do not promptly notify the VCF of the pending disability application, and the VCF processes your claim and issues only a non-economic loss award, the claim for economic loss will be reviewed in priority order based on the date of submission of the amendment advising the VCF of the completed disability determination. Death claims averaged a compensation amount of $2,082,128. Personal consumption adjustment for decedents: For claims for deceased victims whose death was related to an eligible condition, the VCF subtracts from annual projected compensable income and benefits the decedents share of household expenditures or consumption as a percentage of income, using expenditure data by income level obtained from Table 2. In addition, if you filed your initial claim before December 18, 2020, and you did not claim medical expenses in your initial claim, you may file an amendment for medical expenses, and we will consider it, subject to the other requirements discussed in this document. You are not required to amend your claim if you decide you no longer want to seek reimbursement for medical expenses. The VCF is a federal fund authorized by Congress to provide victims of September 11th monetary awards due to losses suffered. If you are filing a deceased claim (i.e. 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. Specifically, the NY Workers Compensation law, Section 29(1-b) provides as follows: 1-b. 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. If Year 5 total earnings exceed 120% of average, the pension basis will be capped at 120%. 15-108. The type of pension (e.g., ordinary, service, disability, etc. Only expenses that you have paid out-of-pocket, and that were incurred prior to WTC Health Program certification of the applicable condition, will be reimbursed. 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. If you did not have SSA earnings (e.g., worked outside the United States or do not have a Social Security number), then you must provide other documents demonstrating earnings including tax returns, statements of profit/loss from a business (if self- employed), W2 forms, 1099 forms, pay stubs, or employment offer letters. To learn more about the World Trade Center Health Program or the World Trade Center Victim's Compensation Fund, . Each of these types of loss is explained in the sections below. By doing this analysis before submitting your claim, the VCF will be able to more quickly process your claim because we do not need to take the time to calculate the economic loss in order to determine that only non-economic loss can be awarded. Fact Sheet on HR. 1786/ S.928, What is the goal of the reopened A letter from the union/Con Edison/Verizon stating the following: The type of pension you are receiving (e.g. Once you receive your award determination, you will need to determine if the out-of-pocket medical expenses you incurred meet the $5,000 minimum threshold and other criteria noted above and are acceptable expenses as described in Acceptable Medical Expenses Claims below. Work-life expectancies are based on actual experiences and behavior of the general population and measure the estimated time in years an individual of a given age will remain in the labor force (either employed or actively seeking work), allowing for age-specific mortality risks and rates of workforce transitions. The VCF award will include the value of lost employment-related benefits. The VCF Act establishescertain caps on non-economic awards for physical injury claims. When viewed in total, these assumptions are designed to benefit the victim and are more favorable than the standard assumptions typically applied in litigation. If your claim is missing documentation that we need in order to calculate your award, you will receive a missing information letter. 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. The Special Master uses 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. The Victim Compensation Fund periodically posts updates on the awards issued to claimants and beneficiaries. [4] Application of individualized unemployment rates by age or occupation was infeasible and determined to be unnecessary. If the VCF, with reasonable effort, cannot clearly identify the required documentation necessary to support each claimed medical expense, the VCF reserves the right to deny your medical expenses claim. Thus, for example, the Special Master has determined that Workers Compensation benefits that are payable only if the spouse does not remarry will be offset throughout the period of compensated loss unless evidence is submitted that the spouse in fact remarried and the benefits in fact terminated. VCF's claims review process has two stages: the Eligibility Review and the Compensation Review. Congress amended the Public Safety Officers Benefits Act (42 U.S.C. Do not use this form if you have had a decrease in a collateral source payment and would like to request that the VCF review your award. See the Collateral Source Offsets section for more information. In addition to evidence of a compensable loss, you must submit information about collateral source payments that the VCF may be required to offset against a lost earnings award. A New York firefighter amid the rubble of the World Trade Center after the September 11, 2001 attacks. 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. This allows the VCF to obtain information from the Social Security Administration to determine earnings history. If there is an indication that you are receiving, or are entitled to receive, a disability or survivor pension (or if the decedent received a disability pension before death), but you do not submit information necessary to calculate that pension or determine the basis of that pension, the VCF will not issue a full award and may issue only a non-economic loss award or deactivate the claim because, without that information, the VCF cannot determine whether an offset is appropriate and the amount of that offset. In addition, compensation may include other military benefits or allowances if the appropriate documentation of the amount and duration of the benefits is submitted. 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. VCF Policies and Procedures Section 3: Awards and Payment Date effective November 16, 2022 When the VCF has made an award determination for your claim, you will receive a letter notifying you of the amount of your award. During the course of an individuals career, the rate of annual real life-cycle growth tends to gradually decline until a peak real earnings level is attained. In determining the award amount, the Special Master considers the harm to the claimant, the facts surrounding the claim, and the claimant's individual circumstances. Moreover, the VCF will not disregard a determination that attributed your disability to an ineligible condition, even if it was later changed. Growth rates: The VCF projects compensable income and benefits through the victims 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-round 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. The VCF will not reimburse expenses that were covered by another entity, and will only reimburse that portion of the expenses that is directly related to the death of the victim or to memorializing his or her passing. 9/11 Prostate Cancer Claims | WTC VCF | Hansen & Rosasco 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. For example, if a victim is certified for two different types of non-melanoma skin cancer for example, basal cell and squamous cell or for one non-melanoma skin cancer at multiple sites, the award will generally be in the range of $90,000. The VCF will then compute the amount of past and/or future lost wages in light of these factors (as explained below). 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. If you believe that your eligible condition has caused a loss of earnings that is distinct from any loss of earnings due to an ineligible condition, you must provide evidence to the VCF to substantiate your claim. [2] Effective income tax rates derived from IRS data for New York are shown in Table 1 below. Law No. VCF award amount, but there are limits on the amounts of individual awards for economic and noneconomic losses claimants suffered. Claims that have more complex compensation information take more time to review. 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 victims, both male and female. Victim Compensation Fund continues to offer relief to 9/11 survivors The exception will be made only in the small number of non-cancer claims where the claimant has an interstitial lung disease (ILD) or other pulmonary illness where the effects of the condition are so severe that they are similar in all relevant respects to what a claimant with lung cancer might suffer. Compensation Programs - WTC Health Program - CDC R45969 October 17, 2019 Scott D. Szymendera Analyst in Disability Policy [5] For purposes of determining consumption rate and household size, the term dependent refers to an individual who was financially supported by the decedent and may include individuals who are not considered when calculating the wrongful death non-economic loss award, as the definition of dependent for purposes of awarding additional non-economic loss is more stringent. If you are submitting a personal injury claim and you claim a loss of earnings, the VCF must determine whether you are unable to work, or have a reduced ability to work, as a result of an eligible 9/11-related physical condition. (generic name is listed first, followed by brand name). partnerships with the World Trade Center ("WTC") Health Program and 9/11 advocacygroups, . If you are claiming economic loss, we obtain information and documentation from various third parties, such as the Social Security Administration (SSA), the FDNY, the NYPD, and the New York State Workers Compensation Board, regarding your disability, earnings history, and/or pensions if we have not already done so as part of our preliminary eligibility review. We will not process your claim until a determination on your disability application is made. Income will be determined based on the documents submitted with the claim and on data obtained from SSA earnings reports. Specifically, the NYPD sends the VCF the underlying Medical Board Police Pension Fund Article II Reports that identify the basis of the disability determination for claimants who have retired on a WTC disability. 7. Federal employees in the Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS) who are claiming loss of future earnings/benefits must submit the following: Individuals who receive a disability pension from FERS should also submit: Personal Representatives filing a wrongful death claim must submit a letter from OPM confirming the following: For union members and employees of Con Edison or Verizon, the VCF models typically include: (1)a defined benefit pension equal to 15% of base salary, and (2)an annuity equal to 7% of base salary if your union offers an annuity fund. The cost NIOSH incurs in reimbursing treatment under the WTC Health Program. PDF Congressional Budget Office July 11, 2019 Cost Estimate An exception to this general rule may arise in those cases where a claimant is found disabled by the SSA due to Chronic Pulmonary Insufficiency or Chronic Respiratory Disorders and his or her only eligible condition is an Interstitial Lung Disease (e.g., sarcoidosis or pulmonary fibrosis). Some categories of offsets apply only to certain categories of loss. longevity raises, overtime, bonuses, differential pay, etc.) 800-887-7299 ENEnglish ESSpanish Our Team Meet Dan Hansen Meet Troy Rosasco Our Team Why Choose Us 9/11 Victim Programs Victim Compensation Fund (VCF) WTC Health Program (WTCHP) Wrongful Death VCF Claims VCF Eligibility & Coverage Appeals & Amendments VCF Proof of Presence Claims Procedures Deadlines Pain & Suffering Damages Information aboutcompensation you received from collateral sources that must be subtracted from your lost earnings award. This includes determining the types of loss being claimed. 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). The FDNY Medical Board Committee Report: This is a report from the Chief Medical Officer of the FDNY on FDNY letterhead regarding the Result of Medical Committee, which summarizes the FDNY members WTC-related exposure, medical history, diagnosis, and the Medical Board Committees recommendation as to the extent of the members disability and fitness for firefighting duty. For example, the VCF will deduct from the award the amount that an FDNY victim receives under a WTC disability pension provided that the disability pension is for an eligible condition. Non-Cancer VCF Payouts. 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. If you are filing a deceased claim (i.e., a claim seeking wrongful death losses because the victim died as a result of his or her eligible 9/11-related condition), and the victim received or was entitled to receive a disability pension before death, or the victims beneficiaries are receiving or are entitled to receive a survivor pension, you must submit that information before the VCF finalizes the substantive review of the compensation claim. If you submit documents after the VCF finalizes substantive review of your claim, but before your award letter is issued, we will notify you in the award letter that the documents have not been reviewed. If you have a personal injury claim and you later amend your claim and submit the information, the VCF will be able to calculate your economic loss. There are some cases, however, where a victim continued to earn income at the same level after s/he was determined to be disabled by a governmental entity. For those who receive Workers Compensation benefits from New York State, New York amended its Workers Compensation statute in 2002 to prohibit insurance carriers from asserting liens against awards from the VCF. If you filed a claim for more than one type of economic loss, you may choose to withdraw some or all of your economic loss claims. Since the VCF was reauthorized last year, claims for non-cancer conditions have routinely been awarded the lowest possible amount, absent medical records to support the severity of the condition. 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. To maintain the privacy of individual claimants and beneficiaries, the Fund will not list names or any other identifying information that might easily lead to the identification of individuals who have received or been notified of awards. 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 victims or decedents lifetime. If you are not receiving a pension, submit a letter from your union/Con Edison/Verizon stating that you are not receiving a pension. In certain, very limited circumstances for example, if your claim qualifies for expedited processing due to terminal illness or significant financial hardship (see Section 8),and the Special Master determines it appropriate the VCF may issue an award that deducts a presumptive offset amount assuming that your disability application was decided favorably, and you will be able to amend your claim once the disability process is concluded for any necessary correction to your award. 9. 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). Note: The VCF considers and calculates losses suffered before you submit your claim for lost earnings as past losses, and losses suffered after you submit your claim for lost earnings as future losses. It may also include documentation that was included in the claimants pension file and was reviewed in the course of the disability determination process. As a general rule, under the terms of the VCF Act, the Special Master has identified the following conditions as presumptively severe and debilitating and warranting the highest allowable non-economic loss award for a non-cancer condition, without any further documentation: Emphysema, Interstitial Lung Disease (including Asbestosis), and Sarcoidosis. September 11th Victim Compensation Fund - United States Department of Attorneys on Your Side. Presumptive defined benefit pension values assume a five-year vesting requirement, normal retirement age of 65, and a benefit factor of 1% of average salary for the final five years of employment. Do not hesitate to contact us toll-free at 844-982-2667 if we may be of service. Historical unemployment rates were examined and a reduction factor of 6% is applied to presumed earnings and fringe benefits to account for this risk[4]. In general, this is based on the higher of Year 5 earnings or 3-year-average. The type of medication prescribed and the frequency of use of the medication can help demonstrate the severity of the condition. Generally, the Special Master will consider the three calendar years of employment history before the decrease in the victims earnings capacity as a result of the victims disability due to the eligible conditions or the victims death, but the Special Master also may consider other factors or other years or combinations of years in evaluating the claim. If you are receiving Combat-Related Special Compensation or Concurrent Retirement and Disability Pay, submit a complete history of the amount and duration of benefits received. Interstitial Lung Diseases include asbestosis, granulomatosis, interstitial pneumonia, pneumonitis, pulmonary fibrosis, and sarcoidosis. This chart may change over time. [6] 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. The VCF is committed to transparency about the claim review process. Facts From 2001 to 2003, the September . 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. Under the VCF Act, the VCF does not compensate for potential or anticipated future medical expenses. Information about your earnings and benefits, so that the VCF can determine the amount of loss. Work-life expectancy: Determine a measure of the victims expected remaining years of workforce participation using the tabulated work-life expectancies for the victims age at the time of death or at the time the victim was unable to work, or had to reduce work, as a result of eligible conditions contained in the publication, Gary R. Skoog, James E. Ciecka, Kurt V. Krueger, The Markov Model of Labor Force Activity 2012-17: Extended Tables of Central Tendency, Shape, Percentile Points, and Bootstrap Standard Errors, Journal of Forensic Economics, Volume 28, Issue 1 (2019), pp. 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. The 2019 reauthorization legislation provides all necessary appropriations for VCF awards and administrative expenses through the end of FY2092. Claims seeking only non-economic loss are the simplest and fastest to review. 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 awards compensation to 9/11 responders and survivors who have been diagnosed with health conditions linked to the toxins in the dust cloud. Bankruptcy Bankruptcy courts treat VCF benefits differently according to the facts of the individual case. 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. The VCF Act establishes certain caps on non-economic awards for physical injury claims. Check the following table to see the payout amounts per claimant category in that fiscal year: What Is the Average Compensation for 9/11 Victims?
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