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116-34. The statute may be interpreted to mean that the submission of a claim for a deceased individual will waive the rights of others who may claim the right to file a wrongful death action. If you were present because of your work, the Third Party Verification Form is the preferred way to show you were there. Highlights. [6] If you asked someone to write an affidavit on your behalf and the affidavit is signed and dated prior to this date, the VCF will accept the affidavit even if it is submitted after February 1, 2023. 9/11 Prostate Cancer Claims | WTC VCF | Hansen & Rosasco The VCF verifies and authenticates all documents you submit with your claim. Call the VCF Helpline at 1-855-885-1555 to register by phone. 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; You dismissed any claims that were not settled on or before January 2, 2012. The maximum noneconomic award for any one type of noncancerous condition is $90,000. The VCF considers the totality of the circumstances in each individual case and will consider a wide range of documents to support presence. 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. If the VCF is unable to obtain the required settlement information from third parties, we will contact you and you will be required to provide the settlement information before we can continue processing your claim. These documents are extremely helpful to establish presence. Ground Zero and Prostate Cancer | Prostate Cancer Foundation If you developed your 9/11-related physical injury or condition before September 11, 2001 (a pre-existing condition), you may still be eligible for compensation if your condition has become more severe since that time and the worsening of the condition is determined by the WTC Health Program to be related to the events of September 11th or the debris removal efforts. You should submit documents reflecting your WCB number. The VCF has an arrangement with the FDNY in which the FDNY will provide documents directly to the VCF regarding proof of a FDNY firefighters or fire officers presence at the site. While the National Guard may be able to confirm whether an individual was on Active Duty, it does not have records that would confirm the actual location of the work. Dismiss, withdraw, and/or settle any 9/11-related lawsuits by the appropriate deadline. The form includes detailed instructions on how to complete it and where to send it once it is complete. Once we have all documents required for processing, we begin substantive review of the claim to determine if you meet the eligibility criteria set forth in the statute and implementing regulations based on the information and/or documentation in your claim file (see Section 1.1). You should also notify us once you have requested the letter from Bank of America so we know to expect it in support of your claim. VCF Eligibility for Lower Manhattan Workers | Barasch & McGarry - 9/11 For both personal injury and deceased claims, a new or subsequent government determination that a specific physical condition or injury is 9/11-related triggers a new two-year registration period. We encourage you to visit the WTC Health Program website to understand the complete details for each specific injury and condition and the process used to evaluate each individuals unique circumstances. The form includes instructions for completing and submitting the form. Note: The automated process will not confirm sufficiency or completeness of these documents this will be done by a VCF team member during preliminary review. If you were employed by Verizon and worked at a Verizon office located in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, Verizon may be able to provide you with a letter verifying your presence. The VCF may be able to obtain records confirming presence from the New York State Workers Compensation Board for individuals who have made a claim to the WTC Volunteer Fund based on their 9/11-related work. Thus, as a general matter, the VCF will rely on certification by the WTC Health Program that the individual is eligible for treatment for a particular physical injury or condition under the WTC Health Program. There is a separate deadline by which you need toregisterwith the VCF. NOTE: The parent should not be listed on the claim form as an Authorized Representative as this designation is only applicable to Personal Representatives of deceased individuals, and court-appointed guardians of incapacitated adults. Victim Compensation Fund payouts are available for prostate cancer 9/11 claims. The VCF is available to not only first responders, but also to those who worked or volunteered in construction, clean-up, and debris removal, as well as people who lived, worked or went to school in the above-described exposure zones. Any compensation awarded by the court in the lawsuit or obtained in a settlement of litigation will be treated as an offset and deducted from your VCF award. However, this is not all of what goes into VCF cancer payouts. Individuals who received respirator training and were certified or approved to use those devices at Ground Zero on or before October 3, 2001. Workers injury reports dated on or before September 11, 2003, documenting treatment of your injury that occurred at the site. Many of the third-party entities with whom we exchange information on your behalf also do not accept electronic signatures. This means that even if you have other certified or verified conditions, regardless of when they were certified or verified, they will not be eligible for compensation unless they were added to the list of qualified injuries after January 2, 2012, you settled and released your lawsuit prior to the date the specific condition was added to the list of qualified injuries, and you properly withdrew or dismissed any remaining lawsuits prior to filing your claim or amendment. The VCF will contact you if any additional information is needed. We will compare this number to records we received to confirm that you were present during the period beginning on September 11, 2001, through May 30, 2002. If you were represented by Sullivan Papain Block McGrath and Cannavo (Sullivan Papain) in both your lawsuit and your VCF claim, the VCF may be able to get the necessary information from Sullivan Papain. The most prevalent cancers identified among September 11th survivors are non-melanoma skin cancer, prostate cancer and female breast cancer. The VCF will accept claims with settled 9/11-related lawsuits if you meet the following conditions: You may have settled all your claims and, in that case, as long as the lawsuit was commenced after December 22, 2003, and the release was tendered by January 2, 2011, you can submit a claim to the VCF. If the VCF needs additional information from you after reviewing your claim form and the letter, the VCF will contact you. Once you have registered with the VCF and have a VCF claim number, you may upload or mail documents to the VCF in order to store presence documentation, even if you have no immediate plans to submit a claim. To help you in gathering the information the VCF needs from those who can attest to your presence, the VCF has developed the Witness Presence Statement to help ensure that a witness is providing a thorough and complete response in support of your claim. Please keep in mind, however, that VCF staff will not be reviewing these documents for sufficiency until your claim form and all required supporting documents are submitted. You should still submit other evidence (such as contemporaneous documents, Witness Presence Statements, or affidavits) demonstrating that you were physically present in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, when you submit your claim. About Prostate Cancer. You should provide this form to individuals who witnessed you at the site or in the NYC Exposure Zone during the relevant time period. Exhibit A Authorization for Release of Medical Records(, Original and signed Exhibit A Authorization for Release of Medical Records(. You must submit at least two of the following documents if you intend to rely on them to establish presence: If you need help obtaining documents to demonstrate that you were present at the site, please contact the Police Benevolent Association at 212- 298-9144. The chart below outlines the litigation settlement, withdrawal, and dismissal rules for filing a VCF claim. See the. This includes lawsuits based on theories of aiding and abetting or assisting an attempt to commit a terrorist act. Per VCF policy, if registration is timely for any condition or injury, all eligible conditions no matter when determined to be 9/11-related (and regardless of whether there had been a prior timely registration) may be considered for an award, subject to the other requirements of the VCF claims process. If you were a CWA member who worked for Lucent Technologies in 2001, the VCF may be able to obtain records confirming presence. The VCF has instructions for uploading documents to the online system. When you call, you will be asked to provide your full name so the Service Center can look up your work history. The VCF encourages everyone who was at an eligible location to gather documents now even if they are unsure about filing a claim in the future. We will send you a Missing Information letter if the documents you submitted do not have the detailed information we need in order to prove you were there. The VCF will notify you if you need to submit any additional documents. Note for CWA Local 1101 Members: The VCF has an arrangement with CWA Local 1101 to get information directly from them for members who participated in the World Trade Center response. If you or a loved one suffer from prostate cancer related to exposure from September 11th, contact a 9/11 prostate cancer attorney at Pitta & Baione by completing our online contact form or calling us at 844-982-2667. The VCF works directly with the Department of Sanitation to verify the presence of employees who participated in the rescue, recovery, and clean-up efforts. For example, the minimum latency period for Prostate Cancer is four years. In limited cases, the FDNY may be able to provide documents and/or information directly to the VCF regarding proof of an EMS members presence at the site. We will explain both the World Trade Center Health Program, Victim Compensation Fund and qualifying cancers covered by Zadroga Bill in more detail during your appointment. If any of the above documents are missing or insufficient, the VCF will send you a missing information letter and place the claim in Inactive status. The VCF considers medically associated conditions in determining the appropriate amount of compensation. For information about the NPN call 1-888-982-4748. This includes confirming that (a) the claim was registered by the applicable deadline, (b) you have an eligible 9/11-related physical condition, (c) there is sufficient documentation to demonstrate that you were present at the site, and (d) any 9/11-related lawsuits have been timely resolved. The WTC Health Program includes a Nationwide Provider Network (NPN) to serve members who live outside the New York City metropolitan area. If you received an award from the original September 11th Victim Compensation Fund that operated from 2001-2004 (VCF1), you must show that your VCF1 eligible injury or condition has substantially worsened, or that you have a new physical injury or condition which you had not suffered at the time of the VCF1 claim filing or which was not compensable at the time of VCF1; and that you have not already been fully compensated for your losses. Learn more on the VCF's Registration and Claim Filing Deadlines page. If one or both of these documents are missing, the system will automatically move the claim to Inactive status and an automated Missing Information letter will be generated. $340,000 for a downtown office worker with skin cancer and larynx cancer $340,000 for a retired NYPD officer with cancers of the colon and mouth But, aggressive prostate cancer is distinguished by its rapid growth and the speed with which symptoms spread throughout the body. What are the VCF payouts and how likely you will get one? The amount usually awarded by the VCF for non-melanoma skin cancer . Regulations governing the VCFs review of claims are published at 28 C.F.R. The VCFAct states that if an individual tendered a release after the VCFAct was enacted on January 2, 2011, the individual is not eligible for the VCF. Oh and Mount Sinai epidemiologist Emanuela Taioli, M.D., Ph.D., recently published a study in Molecular Cancer Research showing that one of the inflammatory responses within the prostate was an increase in an inflammatory T cell, called Th-17, in men exposed to the toxic dust. Second, you may pursue a civil action against any person who is a "knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act." Listed below are the categories of physical health injuries and conditions that may be certified by the WTC Health Program (presumptively covered conditions). A .gov website belongs to an official government organization in the United States. The Private Physician process is available only in the following limited circumstances: If the VCF determines that you are an appropriate candidate for the Private Physician process, the VCF will contact you and ask you to provide certain medical records and other information from a non-WTC Health Program physician. 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 ). You will receive a letter from the VCF explaining the eligibility decision on your claim. The World Trade Center (WTC) Health Program provides medically necessary monitoring and treatment for certified WTC-related health conditions. A civil action to recover collateral source obligations. 9/11 Prostate Cancer Linked to WTC Exposure - Pitta & Baione 104.61, any person who has filed or is a party to a lawsuit seeking damages for injuries sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, or for damages arising from or related to debris removal may not file a claim with the Special Master unless they withdraw from such action not later than January 2, 2012.. Unsettled claims withdrawn/dismissed on or before January 2, 2012. NOTE: If you submit a certified transcript or school record as explained below, you do not need to submit any additional proof of presence with your claim. To do so, the VCF needs the WCB number associated with the individuals Workers Compensation claim. For uniformed NYPD members, the VCF will consider the documents listed below helpful in establishing presence. You should contact the employee verifications team by email at hrsd.employee.verifications@jpmchase.com and request that they directly send the VCF a work location history letter. In order to process a claim filed by someone other than the victim, the Special Master must first validate the individuals authority to represent the victim for the VCF claim. If you were employed by Goldman Sachs and worked at a Goldman Sachs office located in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002, Goldman Sachs may be able to provide you with a letter verifying your presence. Individuals with questions about those settlements should contact their lawyers. Under 28 C.F.R. Please note that the WTC Health Program and the VCF are different programs. The VCF encourages you to file your claim after you have been certified and the full scope of your losses are known so that we can review your claim as quickly as possible to evaluate your eligibility for compensation. The VCFs New York City Exposure Zone is used to determine an individuals presence for VCF eligibility purposes (and is not dependent on the length of time the individual was at the site), while the WTC Health Programs New York City Disaster Area is used to determine certification for treatment and requires a minimum amount of time spent in the designated area. Title II of the Zadroga Act reactivated the September 11th Victim Compensation Fund (VCF II), expanded its pool of eligible claimants, and appropriated $2.775 billion for additional payments. The list of required documentsis explainedin the subsections below according to the type of claim you are filing. Section 2: Calculation of Loss (Compensation) | VCF Once you submit your claim, it proceeds through an Automated Document Check process as a first step before it moves to Preliminary Review. Skin Cancer in September 11th Survivors | 9/11 Benefits - Pitta & Baione The VCF needs very specific information and details in order to establish your presence on the basis of such statements and these statements will serve as acceptable proof only if the VCF determines that they are sufficiently reliable. Howard made a final determination to add Prostate Cancer to the list of Covered . On January 2, 2011, the President signed into law the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act), Public Law No. Release tendered before the date on which the WTC Health Program added the individuals eligible condition to the list of qualified physical injuries. You must first attempt to obtain an appointment from the state probate or surrogate court where the victim lived. Once you receive the letter, you should upload it to your claim or mail it to the VCF. The form includes detailed instructions on how to complete it and where to send it once it is complete. Victim Compensation Fund (VCF) Awards & Payouts | Barasch & McGarry You will still need to submit other evidence (such as contemporaneous records, Witness Presence Statements, or affidavits) demonstrating that you were physically present in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002. How Much Is The VCF with Cancer Claims Payouts - Parker Waichman LLP As a result, ConEd employees do not need to submit any documents as proof of presence at the site unless the VCF specifically requests such documents. The VCF makes one award for the non-economic loss, also referred to as pain and suffering. The prostate gland is found below the bladder. The VCF encourages you to register now. The WTC Health Program provides options for treatment of psychological conditions, including post-traumatic stress. Over 70 cancers including Breast Cancer, Prostate Cancer and many others plus breathing and digestive conditions. By doing so at an appeal hearing, the VCF can ask clarifying questions to help evaluate the claim. First, you may pursue a civil action to recover collateral source obligations. Responder dispatch records or union shop steward records showing dates and location(s) of your work. . Part 104. In the body of the email, please include your first name, last name, last four digits of your social security number or your standard work or enterprise ID number, and the VCF official email address, VCF.Thirdpartyverification@usdoj.gov, which is where human resources can directly send their response. Date by which lawsuit must be Dismissed/Withdrawn/Settled, After 12/22/2003 and before November 16, 2016. are documents that were created in the ordinary course of business or in real-time during the September 11, 2001, through May 30, 2002, period (or as otherwise noted below). If you were a contractor for ConEd, ConEd is unable to provide information regarding your presence at the site within the relevant timeframe. Documents in this category should be certified or be accompanied by a letter from an employee of the school or day care facility, or from your legal counsel (if an attorney is assisting you with your claim), confirming that the document submitted is a true and accurate copy. Hansen & Rosasco 9/11 lawyers represented and won $3.2 million for "loss of earnings" and "pain and suffering" VCF awards for a NYC police officer who became completely disabled by 9/11 . In order to save administrative expenses so that there would be more money for awards and to have uniformity, the Victim Compensation Fund Special Master determined that the VCF would follow the World Trade Center Health Program list of covered conditions when . Over 300,000 office workers were exposed to toxic air on 9/11 and in the 8 months that followed. For further details on the WTC Health Program process and guidelines, please visit the WTC Health Program website. You are not required to submit documents to prove your presence at an eligible location until you submit your completed claim form, which you should not submit until you are certified for treatment by the WTC Health Program and you are ready to submit all required supporting documents. If you have a document that you believe can be used to support your claim or your presence at a 9/11 site and it is not on the list below, you should submit the document to the VCF to be reviewed. Generally, the maximum amount of non-economic loss that the VCF will award for a cancer condition is $250,000. 9/11 Prostate Cancer WTCHP & VCF Claims | Pitta & Baione If you had filed a 9/11-related lawsuit at any time prior to submitting a VCF claim, there are specific dates by which you must have withdrawn or dismissed that lawsuit in order to be eligible for compensation from the VCF. You must register for each of these programs separately. The VCF will contact you if any additional information is needed in these situations. In that case, you should submit presence documentation (such as contemporaneous documents, Witness Presence Statements, or affidavits) demonstrating that you were physically present in the NYC Exposure Zone during the period beginning on September 11, 2001, through May 30, 2002. If you believe that you will suffer significant hardship in seeking certification by the WTC Health Program, you should upload a statement or letter to the claim explaining the circumstances and why you should be considered for the Private Physician process, The World Trade Center site, the Pentagon site, or the Shanksville, Pennsylvania, site.