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If My Proof of Presence Isn’t Accepted, Can I Appeal the Decision?

Absolutely. Both the WTC Health Program and the VCF will give you a chance to submit additional documents and testimony if your initial application is denied on the grounds that your proof of presence is not sufficient. In the case of a denial from the WTC Health Program, you should call the program and find out what was lacking so you can provide them with whatever additional documentation they need. In the case of the VCF, there is an official appeals process during which you can schedule an in-person hearing. Here’s what the VCF says about the appeals process:

“If your claim is denied because of lack of proof of presence (or for any other reason), your denial letter will include an appeal form. You should appeal the decision and be sure to do so within 30 days of the date of the denial letter.  A denial simply means the VCF cannot confirm your eligibility based on the documents you submitted, and the appeal hearing is an opportunity for you to provide testimony as additional proof. Simply put, it’s a chance to tell your story to the VCF in person.

If you appeal, the VCF will contact you to schedule your hearing and will explain the process and what you should do to prepare for the hearing.  Hearings are conducted by trained Hearing Officers and are held in the VCF NYC office (located at 290 Broadway), although arrangements can be made to conduct the hearing by phone if needed.  The hearings are non-adversarial and are really more like a conversation. The objective of the hearing is to give you a chance to present additional information through testimony that you believe is necessary to support your claim.”

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  • "If I could give them six stars I would...don't even bother talking to anyone else concerning 9/11. The whole team worked night and day to deliver an outstanding settlement. They are honest, hard working and extremely professional. Just make the one phone call and let them do the rest." - Les Margulis, resident in the exposure zone

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  • "The people at this firm were just great. They were concern with making sure I was taken care of in every way possible. When I was given an award Mr. Barasch didn't think it was a fair amount and appealed the decision which got me a larger award. I am very satisfied with everything they did for me in the past and are willing to do for me and my family in the future." - Bob Wiecezak, FDNY-Retired

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  • Deadline Extended to Register for Compensation


    There is still time to apply for significant compensation if you have been diagnosed with any of the 68 cancers that doctors at the WTC Health Program (WTCHP) have linked to the WTC toxic dust. The deadline to apply to the Victim Compensation Fund (VCF) is two years from the date that a cancer has been certified by the WTC Health Program — or any other governmental agency. The two-year period to register doesn’t start on the day of a cancer diagnosis. Rather, it starts only when a cancer survivor is made aware their cancer was linked to exposure to the WTC toxins.

    For those who died from their WTC-linked cancers, the two-year period for their family to register starts on the day of the death of the WTC victim.

    Register For Compensation

Please help spread the word about the strict two-year deadline to register a claim

Many people have tried to complete the VCF application on their own, only to learn that it requires answers to hundreds of questions and many documents to download. It would be our pleasure to help you complete the process in order to ensure that you receive the compensation that you are entitled to. Please call us for a free consultation.

Let a knowledgeable attorney help you figure it out

A cancer diagnosis can be terrifying. You undoubtedly have questions about your disease and how you will pay for treatment. Lawyers at Barasch & McGarry ensure you understand the complex requirements and help devise the best strategies for obtaining compensation and appropriate medical care under the Zadroga Act. Contact our law firm online or call 888-351-9421. The initial consultation is free, so it costs you nothing to find out whether a lawyer can help.
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