9/11 Fund Deadlines
Everyday, our 9/11 attorneys receive calls from first responders or survivors suffering with cancer or another illness who has a legitimate Victim Compensation Fund claim but has missed the strict filing deadlines for “registration.” Most of these claimants had no knowledge of the filing deadlines. It is very sad when we have to tell them that they are unable to file a claim despite a serious illness. Don’t be that person who misses a deadline.
NOTE: if you are unsure if you registered or your “registration” date, either call the VCF or our office at 1-855-982-4636. We would be glad to check this important info for you. You can also click this link to register with VCF now.
In September 2016, the 9/11 Victim Compensation Fund issued important guidance as to what the “registration” deadlines are for the filing of 9/11 compensation claims.
In determining if a claim is registered in time, the VCF does NOT go by the date that a claimant is diagnosed with a 9/11 covered cancer or disease. Most importantly, the deadline for the timely registration of a VCF claim is two years from the date that any federal, state, or local government entity determined that a diagnosed cancer or other condition was 9/11-related.
The registration deadline is two years from the date that either (i) the World Trade Center Health Program (WTCHP) “certified” a cancer or other condition, or (ii) the date that a state workers’ compensation board or a government employer (such as the FDNY, NYPD, or NYCERS) found a condition as 9/11-related for purposes of awarding a disability pension. The VCF two-year registration deadline is the earlier of the following two dates: (1) the date of the letter from the WTC Health Program indicating that the individual’s 9/11-related physical injury or condition has been certified for treatment, or (2) the date on which another government entity determined that the physical injury or condition was 9/11-related.
By way of example, if an individual who was exposed to the 9/11 toxins was diagnosed with skin cancer more than two years ago and treated with his or her own private physicians and the cancer was never “certified” by the WTCHP (or other governmental entity), then that person may begin treatment or undergo an examination at a WTCHP clinic and have the cancer “certified” 9/11-related. The claimant would then have two years from this “certification” date to register his or her claim. Oftentimes a claimant will have been diagnosed and treated more than two years ago for type of cancer that is on the list of cancers that is presumptively covered by the WTCHP and the VCF, but the cancer was never “certified” by the WTCHP as 9/11-related. In this case, the claimant still has two years from the date that the WTCHP “certifies” the cancer as 9/11-related, if the other WTCHP requirements are met–such as physical presence in the “9/11 crash site” for the minimum required time period, the “latency period” is met, and other requirements of the VCF and Health Program.
The VCF policy also states that if registration is timely for any condition or injury, all eligible conditions no matter when determined to be 9/11-related (and regardless of whether there had been a prior timely registration) will be considered timely and eligible for an award.
If an individual’s cancer was previously certified as 9/11-related by the WTCHP or other governmental entity, then the following VCF “registration” deadlines apply:
Cancer (excluding Prostate Cancer and Rare Cancers)
- If diagnosed on or before October 12, 2012, the deadline was October 12, 2014;
- If diagnosed on or after October 13, 2012, the deadline is two years after diagnosis date, but no later than December 18, 2020;
- If diagnosed on or before October 21, 2013, the deadline was October 21, 2015;
- If diagnosed on or after October 22, 2013, the deadline is two years after diagnosis date, but no later than December 18, 2020;
Rare Cancers (including pancreatic cancer, bone cancer, gallbladder cancer, among others)
- If diagnosed on or before February 18, 2014, the deadline was February 18, 2016;
- If diagnosed on or after February 19, 2014, the deadline is two years after diagnosis date, but no later than December 18, 2020;
9/11 Related Death
- If deceased on or before December 18, 2018, the deadline is two years after victim’s death;
- If deceased after December 18, 2018, the deadline is December 18, 2020.