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Do I Still Have Time to File a VCF Claim?

Do I Still Have Time to File a VCF Claim? cover
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If you are a responder or survivor who was diagnosed with an illness due to inhaling the toxins in the dust cloud that covered lower Manhattan after the September 11th terrorist attacks, you still have time to file a claim with the VCF. While The September 11th Victim Compensation Fund will be accepting claims submissions until 2090, it’s essential to understand the difference between filing a claim and registering to file a VCF claim. The deadlines for these processes are not the same — and you must register with the VCF in a timely manner before you can file a claim to obtain the monetary award to which you’re entitled.

What Is the Deadline for Filing a VCF Claim?

The “Never Forget the Heroes, James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act” fully funded the VCF through 2090. Although the VCF encourages responders and survivors to file their claims as soon as possible, the statutory deadline to submit a claim is October 1, 2090. Unlike the registration deadline — which is different for everyone, depending upon their individual circumstances — the claim filing deadline is the same for all eligible responders and survivors.

The VCF reviews claims on a first-in, first-out basis. Notably, to file a claim with the VCF, you must first have your 9/11-related illness, cancer, or health condition certified by the WTC Health Program. The Program is distinct from the VCF, but the two entities work together to ensure responders and survivors obtain the compensation they deserve.

Do I Need to Register to File a VCF Claim?

Before you can file a claim with the VCF, you must register. However, even if you register, you are not required to file a claim—registration simply preserves your right to do so. Registration is a separate process from submitting a compensation claim. Although the deadline to file a claim is not until 2090, the registration deadlines are much shorter.

The applicable registration deadline in your case will depend on when your condition was determined to be 9/11-related. Individuals certified by the WTC Health Program with an eligible condition before July 29, 2019, must have registered with the VCF by July 29, 2021. However, individuals certified with an eligible health condition after July 29, 2019, have two years from the latest certification date to register with the VCF.

For a deceased claim, registeration if the victim had previously registered a personal injury claim by the applicable deadline. If the victim did not register, the personal representative must register the deceased claim within two years of:

  • The victim’s date of death;
  • The date the 9/11 health condition that caused the death was certified by the WTC Health Program; or
  • The date the condition that caused the death was found eligible by the VCF.

The VCF will consider all claims that were registered on time. It is very rare that the VCF will deem an untimely registered claim as eligible for compensation unless there are extenuating circumstances. To avoid denial of your claim, it’s best to register as soon as possible once you have received your WTC Health Program certification.

Contact an Experienced 9/11 VCF Attorney

If you were diagnosed with an illness, cancer, or health condition related to 9/11, you may be eligible to receive compensation from the VCF. An experienced VCF attorney can guide you through the claim filing process and assist you with obtaining the monetary award to which you’re entitled. The 9/11 Victim Compensation Fund attorneys at The Dearie Law Firm, P.C., have represented claimants and their families in 9/11 VCF claims for over a decade. For a free consultation, contact us today.

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