When to File a VCF Amendment: New Diagnoses, New Conditions, and Changed Circumstances
Many 9/11 claimants who received a VCF award years ago believe their case is finished. They think they accepted a settlement, and the VCF chapter of their life is closed. For some, this is correct. But for a significant number of claimants, the VCF story is not over. This is especially true for those whose health has changed since their original award. Some people file a VCF amendment based on a new diagnosis. The amendment process lets claimants who have already received awards return to the VCF and seek additional compensation when meaningful new circumstances apply. Knowing when to file an amendment is one of the most important things a 9/11 claimant can know.
The Dearie Law Firm, P.C. handles VCF amendments regularly. We monitor our clients’ health status and proactively evaluate whether they need to return to the VCF.
What Is a VCF Amendment Based on a New Diagnosis?
A VCF amendment is a filing by a claimant who has already received an award. It asks the Special Master to revise that award upward based on new facts. Typically, this means a new condition certification, a new diagnosis, or a change in the severity of an existing certified condition. The VCF statute and program policies authorize amendments. They reflect the recognition that 9/11-related health conditions are often progressive, and that new conditions develop over time.
An amendment is not a challenge to the original award. Rather, it is a supplemental claim. It covers circumstances that did not exist at the time of the first claim, or that the original record did not document. The original award stands. The amendment adds to it.
Trigger #1: A New WTC Health Program Certification
This is the most common amendment trigger. Suppose you received a VCF award for condition X. If you have since received a diagnosis and certification for condition Y, you may qualify for an amendment. That amendment would add compensation for condition Y. This applies to a new cancer diagnosis, a new respiratory condition, a new mental health certification, or any other eligible condition.
The critical requirement: the WTC Health Program must certify condition Y before the VCF amendment can include it. Have you received a new diagnosis but not yet submitted it for WTCHP certification? Do that first. A VCF attorney can coordinate the certification timeline with the amendment filing to avoid delays.
Trigger #2: You Have Developed Cancer After a Prior Non-Cancer Award
This scenario deserves its own category because of its frequency and significance. Many 9/11 claimants received early VCF awards for respiratory or other non-cancer conditions — sometimes before cancer latency periods had elapsed. Years later, they develop cancer. A new cancer diagnosis from the WTC Health Program-certified list is among the strongest grounds for a VCF amendment. The incremental non-economic loss award for a serious cancer diagnosis can be substantial.
Did you receive a VCF award before 2015 for a non-cancer condition? If you have since developed cancer, speak with a VCF attorney immediately.
Trigger #3: An Existing Certified Condition Has Significantly Worsened
What if a certified condition from your original award has materially worsened? If your WTC Health Program records document that worsening, you may qualify for an upward revision of the non-economic loss component. The VCF’s severity matrix for non-economic loss tracks the clinical status of each condition. Progression to a more severe classification can support additional compensation.
This applies especially to cancer conditions that started at an early stage and have since progressed. It also applies to respiratory conditions that have deteriorated over time.
Trigger #4: The 2019 Law Changed the Offset Rules
The Never Forget the Heroes Act of 2019 eliminated the SSDI offset. Did the VCF calculate your original award under the old rules? If the SSDI offset reduced it, you may qualify for an amendment to remove that offset. Not all claimants in this situation automatically got revised awards. Some must proactively request a review.
How Long Do You Have to File an Amendment?
The VCF does not impose a specific deadline for amendments independent of the overall VCF filing deadline. That overall deadline currently runs through October 1, 2090. However, there is no advantage in waiting. The sooner you file after a triggering event — a new certification, a new diagnosis, a condition worsening — the sooner you receive compensation. Filing promptly also keeps the documentation record fresh.
Contact The Dearie Law Firm for a Free Consultation
Did you receive a VCF award and want to file an amendment based on a new diagnosis? Call The Dearie Law Firm, P.C. for a free case review. We actively monitor our clients’ cases and can evaluate whether your circumstances warrant an amendment.