Tragically, countless 9/11 responders and survivors have passed away because of cancer and other severe health conditions over the last two decades. If your loved one was an eligible responder or survivor who passed away due to a 9/11-related illness, you may be eligible to receive a monetary award from the September 11th Victim Compensation Fund. However, it’s important to understand that there are certain procedures that must be followed to file a deceased claim — as well as specific documents that must be submitted.
What Is a VCF Deceased Claim?
In cases where a responder or survivor’s death was caused by an eligible 9/11-related illness, the personal representative of their estate may file a VCF deceased claim. These types of claims come in two parts: 1) the personal injury award for the victim and 2) the wrongful death award. Each part of the claim is calculated separately.
In a VCF deceased claim, the personal injury award covers losses that the victim incurred during their lifetime based on the extent of their illness. The wrongful death portion of the award is meant to compensate the family member of a survivor for the non-economic harm suffered due to the loss of their loved one. Under the Zadroga Act, the VCF issues non-economic loss in deceased claims in the amount of $250,000 for the deceased victim, plus an additional $100,000 on account of their spouse and each dependent.
What Documents Are Needed in a VCF Deceased Claim?
Certain documents are needed in order to process a VCF deceased claim. If the Personal Representative of the decedent does not submit this documentation, the VCF will not begin its review of the claim. The minimum documents needed in a VCF deceased claim include the following:
- Completed Claim Form
- Court order or Letters of Administration appointing the Personal Representative
- Death certificate showing the cause of death
- Claim Form Signature Page
- Authorization for Release of Medical Records
- Two forms of documentation to support presence at a 9/11 site
- Life insurance information
- Appendix A (if filing a hard copy of the claim form)
- VCF Client Authorization Form (if represented by an attorney) or VCF ACH Payment Information Form
Other documents may be required as applicable in each specific claim, including a copy of the notice of withdrawal or dismissal from a 9/11-related lawsuit or documentation concerning replacement services loss. A Social Security Administration Consent Form may also be needed to support a claim for loss of earnings. In addition, a Personal Representative may submit additional documentation to support a claim for benefits the decedent received through their employment.
The VCF allows a claimant to submit copies of documents, which can be uploaded directly to the online claim form. However, an ACH Payment Information Form may only be faxed or emailed. Once the VCF has finished its substantive review of a deceased claim, additional documents cannot be submitted. Once a substantive determination on the compensation claim has been made, the VCF will not allow any amendments to be filed — except in very limited situations.
Contact an Experienced 9/11 VCF Attorney
If you lost a loved one due to an illness or health condition related to 9/11, you may be eligible to file a deceased claim with the VCF. A knowledgeable VCF attorney can guide you through the process of filing a claim and assist you with obtaining the compensation you deserve. 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.