If you’re an eligible responder or survivor who filed a claim with the September 11th Victim Compensation Fund and received an unfavorable decision, you may be entitled to file an appeal. For instance, you can file an appeal if you have been found ineligible to receive compensation or if you believe the VCF made a mistake when calculating the amount of your award. The VCF has a specific procedure for filing appeals and how they are handled after they are filed.

When Can You File a VCF Appeal?

An appeal allows you to contest the VCF’s decision regarding your eligibility or compensation. However, you may only appeal if your eligibility denial or award letter includes an Appeal Request Form. If the VCF had previously sent you a request for additional information during the review process and you did not respond, it has the discretion to determine whether a request to appeal is valid. You have 30 days to notify the VCF that you will be appealing after receiving notice regarding the decision on your claim.

It's crucial to ensure you follow the instructions in the letter when appealing and submitting the necessary documentation. Your appeal package must include:

• The completed pre-hearing questionnaire that was enclosed in your decision letter
• An explanation of the appeal
• Any relevant documentation to support your appeal

You must submit these documents as one complete appeal package within 60 days of the date on your decision letter.

What Happens after You File an Appeal?

After you have submitted your complete Appeal Package, the VCF will review the information you provided to determine whether you have a valid appeal. The VCF will then notify you of the next steps to take regarding your appeal. It may also schedule a hearing.

If the VCF determines that a hearing is the best way to address the issues set forth in your appeal request, a letter will be sent to you with your assigned hearing date and the details you need to know about the hearing. In the event the VCF decides that a hearing is not necessary in your case, you will be notified in writing of the next steps to take. The VCF will also process any pending payment on your claim.

Once the VCF has given you a hearing date and time, it cannot be changed — unless there are extenuating circumstances. You will be able to choose whether you will attend your hearing in person or remotely over the Zoom platform. The hearing will allow you to present testimony, witnesses, and any other evidence applicable to your appeal. The amount of time a hearing can take varies, but they usually do not last more than one hour.

When is a Decision Made on Your Appeal?

A decision regarding a VCF appeal is not made at the appeal hearing. VCF staff will make a recommendation to the Special Master who will then review the information, including your own testimony, witness testimony, your Explanation of Appeal, and any documentation. You will receive a letter that explains the VCF’s determination concerning your appeal.

Contact an Experienced 9/11 VCF Attorney

The VCF appeals process can be complex. If you are considering filing an appeal with the VCF, it’s essential to have a knowledgeable VCF attorney by your side who can help you navigate the process to ensure you secure 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 more than a decade. For a free consultation, contact us today.