It can be extremely frustrating to receive a determination that you are not eligible for compensation through the 9/11 Victim Compensation Fund. But the VCF appeal process makes it possible to change that determination. Section Four of the VCF Policies and Procedures covers how to appeal an eligibility decision:
Appealing an eligibility determination — A claimant has 30 days to appeal a VCF eligibility decision that he or she believes was in error, possibly as to whether the medical condition in question was linked to the toxic area around the World Trade Center site. Following completion and submission of the appeals forms, a hearing can be scheduled if no additional relevant documents are available and testimony is the only way to support your belief that you are eligible for benefits.
I recently received my VCF payment check. I know a lot of people in your office made this possible with their hard work. Please let them know how much they have helped my family. My thoughts will always be with the hard working people of your firm who made this possible.
T.N 9/11 Survivor
What If My VCF Compensation Award Is Incorrect?
If you believe your award contains errors, it’s important to know you can appeal to make sure you are fairly compensated.
Appealing a compensation determination — Compensation appeals can be filed when someone has received an award that does not seem to have been calculated properly. For example, your correct income may not have been used to determine the payment amount. As with eligibility appeals, the filing must occur within 30 days of the decision letter’s receipt.
Appeals can be complicated and require you to gather additional documents and information to support your appeal as part of what’s called an Appeal Package. After submission of your Appeal Package, the VCF will schedule a hearing at which you will have the opportunity to present information and evidence in support of your appeal. After the hearing is over, the Special Master overseeing the VCF will follow-up with a decision.
A skilled, professional attorney is allowed to represent your interests throughout the entire appeals process and can make the undertaking substantially easier and more efficient.
Amending 9/11 Victim Compensation Fund Decisions
Amending a decision is an important option to consider if new facts or materials are obtained that can support changing a VCF award or eligibility determination. Section Five of the VCF Policies and Procedures describes amending a VCF claim:
Amending a claim when additional information arises — If new facts or materials come to light related to your claim, you can amend your VCF submission with additional information that might justify a revised award. This may include identification of a new medical condition by the World Trade Center Health Program or documentation that demonstrates your presence within Ground Zero exposure zone within between September 11, 2001 and May 30, 2002
$3,700,651for a disabled NYC police officer due to leukemia
$3,254,242for wrongful death of a firefighter due to 9/11-related asthma/RADS
$2,811,150for a disabled stock broker due to multiple myeloma
$1,934,316for a disabled teacher due to esophageal cancer
$1,422,694for wrongful death of a downtown office worker due to pulmonary fibrosis
$1,251,411for wrongful death of a paralegal working in a downtown law firm due to breast cancer
$1,345,427for a NYC Police Officer with breast cancer
$1,188,741for a disabled EMT with colon cancer
$1,011,957for the wrongful death of a sound engineer due to bladder cancer
Experienced Attorneys Winning 9/11 VCF Appeals and Amendments
Attorneys at Barasch & McGarry are incredibly well versed on the rules and processes for successfully filing VCF appeals and amendments. We amend more claims than any law firm in the country. We frequently represent 9/11 victims who have been denied eligibility or fair compensation from the VCF. Our track-record of success includes thousands of appeals and amendments that have resulted in six and seven figure compensation increases for our clients. We have long-running relationships with the Special Master’s office who oversees these determinations and our attorneys participate in appeal and amendment hearings daily. You shouldn’t have to go it alone. It would be our pleasure to evaluate your VCF claim to make sure you get the benefits you deserve.
It’s important to act quickly to make sure your appeal or amendment claim meets the required deadlines. Call 212-385-8000 or contact us online today.