CNN Editorial Research Here is a look at the September 11th Victim Compensation Fund (VCF) and the James Zadroga 9/11 Health and Compensation Act of 2010. September 11 Victim Aid and Compensation Fast Facts - KESQ If you have a defined benefit pension that was or will be reduced because you retired early due to an eligible condition, the VCF may compensate you for that loss. You must be certain any documentation you provide meets the requirements outlined in Documentation Required to Support a Medical Expenses Claim below. The September 11th Victim Compensation Fund (VCF) Attorneys on Your Side. Whether the particular offsets fall within the definition of collateral sources; Whether particular offsets should apply to all or some categories of loss (for example, certain disability benefits are offset only against lost earnings; see Table 7: Which Offsets Apply to Which Types of Loss); Whether the collateral source compensation is certain or can be computed with sufficient certainty to enable its offset while ensuring that beneficiaries receive the full amount of compensation that is appropriate; and. 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. To calculate economic losses, however, whatever income tax rate corresponded to the victims determined compensable income bracket as of the date of death, or time the victim was unable to work or had to reduce work as a result of eligible conditions, was assumed to apply for the remainder of the victims career, without increase. For example, you could submit letters or reports from specialists who treated your eligible conditions. If your claim is missing documentation that we need in order to calculate your award, you will receive a missing information letter. NYPD victims who retired on a non-WTC-related accidental pension, ordinary disability pension that is not based on VCF-eligible conditions, or service pension will not be eligible for a lost earnings award unless they can provide a disability determination from a third-party entity such as the Social Security Administration or a treating physician that identifies a VCF-eligible condition as a basis of the disability determination. Under the VCF Act, the VCF does not compensate for potential or anticipated future medical expenses. If you receive, or become entitled to receive, any additional payment that constitutes a collateral offset at any time after you submit your claim including after any award has been determined and paid until the VCF closes on October 1, 2090, you are required to notify the VCF in writing within 90 days by completing and submitting the Collateral Offset Update Form found under Forms and Resources on the VCF website. 911 Cancer Claim | 911 Cancer Fund & VCF Cancer Awards Explained For example, documents that show hospitalization, surgery, emergency treatment, and/or treatment for side effects of the condition. 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. Records of state and federal agency proceedings or private insurance records that address your medical condition. Specifically, the NY Workers Compensation law, Section 29(1-b) provides as follows: 1-b. Please note: For deceased victims, the VCF will submit Personal Representatives Letters of Administration to both NYCERS and NYSLRS along with the completed Exhibit B1 form you provided with the claim. The September 11th Victim Compensation Fund (VCF) 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. 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. We will not process your claim until a determination on your disability application is made. An official website of the United States government. In order to accelerate the review of claims for all claimants, the VCF will not review voluminous medical records (i.e., 75 pages or more) that are submitted without highlighting or a written guide. 4 You should then deduct the amount you have received or are entitled to receive from any collateral sources as described above. Do not hesitate to contact us toll-free at 844-982-2667 if we may be of service. If an individual is eligible for VCF compensation and is also receiving payments from the WTC Volunteer Fund, the VCF will offset certain payments made by the WTC Volunteer Fund. In such cases, the non-economic award may be greater than $250,000, with a maximum award, under current VCF policy guidelines, of $340,000 for multiple severe conditions. - An FDNY Lieutenant who became disabled from working by severe WTC related pulmonary conditions at age 52. These rates of increase are consistent with the long- term relationship between economy-wide wage growth and risk-free interest rates, which currently reflect lowered inflationary expectations. Non-economic loss is calculated separately from an economic loss claim. Death claims averaged a compensation amount of $2,082,128. 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. 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. Notwithstanding any other provision of this chapter to the contrary, the state insurance fund, if compensation and/or medical benefits be payable therefrom, or otherwise the person, association, corporation, insurance carrier or statutory fund liable for the payment of such compensation and/or medical benefits: (a) shall not have a lien on the proceeds of any award from the September eleventh victim compensation fund of two thousand one established pursuant to title IV of the federal air transportation safety and system stabilization act, public law 107-42, as amended; and (b) shall not terminate or reduce such compensation and/or medical benefits based upon the submission of a claim for an award from such federal fund, and/or the waiver or compromise of any cause of action resulting from such submission.. The VCF will also consider when and how a claimant left the workforce, particularly if the claimant stopped working before the disability onset date identified in the disability determination. What Are the Average Compensation Amounts for 9/11 Victims? 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. Here is a look at the September 11th Victim Compensation Fund (VCF) and the James Zadroga 9/11 Health and Compensation Act of 2010.. Facts From 2001 to 2003, the September 11th Victim Compensation . For married or single individuals with dependents,[5] these expenditure categories include Food, Apparel & Services, Transportation, Entertainment, Personal Care Products and Services, and Miscellaneous. The following information, which is used to calculate the victims pension. 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. Wrongful Death Losses. Section 3: Awards and Payment | VCF 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 know that payments or benefits you have received are subject to a lien, you must notify 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. 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. ), If you receive a disability pension, documents showing the injuries or conditions that the pension is based upon. The VCF will treat all conditions in the category of Interstitial Lung Diseases (ILD) as equivalent. Non-Cancer VCF Payouts. The collateral source offsets will not include monies or other investments in the injured victims or decedents 401(k) accounts. A special responsibility. Compensable expenses include costs you have paid out-of-pocket for prescription medication, prescribed medical equipment, doctor visits, diagnostic tests, surgeries, or other medical procedures relating to your eligible condition(s). Consumption rates calculated using alternative techniques were considered but found to produce higher personal consumption rates and were not ultimately used to determine the decedents household consumption adjustment. 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). For each NYPD victim who is claiming loss of future earnings and benefits and has provided the appropriate authorization, the NYPD sends the VCFthe following information, which the VCF uses to calculate economic loss: The NYPD also sends the VCF information/documentation regarding the basis of the NYPD victims disability, if applicable. The expenses are acceptable expenses as outlined in, The claim is submitted with the required documentation and in the required format, as explained in. A top 9/11 lawyer is crusading to help surviving families take 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. If any part of these expenses was covered by life insurance or another source, you must provide documentation of that coverage. If the WTC Health Program has certified your condition, no further documentation is necessary to support a claim for non-economic loss; the VCF will award non-economic loss at the lowest end of the range for the applicable condition based solely on the WTC Health Program certification. Please only submit documents that are related to your 9/11-related eligible physical conditions. 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. Please do not submit another copy of the Exhibit 1 for the victim.
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