For married or single individuals with dependents,[5] these expenditure categories include Food, Apparel & Services, Transportation, Entertainment, Personal Care Products and Services, and Miscellaneous. To calculate economic losses, however, whatever income tax rate corresponded to the victims determined compensable income bracket as of the date of death, or time the victim was unable to work or had to reduce work as a result of eligible conditions, was assumed to apply for the remainder of the victims career, without increase. If Year 5 total earnings exceed 120% of average, the pension basis will be capped at 120%. If you are filing a deceased claim (i.e., a claim seeking wrongful death losses because the victim died as a result of his or her eligible 9/11-related condition), and the victim received or was entitled to receive a disability pension before death, or the victims beneficiaries are receiving or are entitled to receive a survivor pension, you must submit that information before the VCF finalizes the substantive review of the compensation claim. Recent medical records documenting severity and/or effect of the condition on daily life. Mental Health Conditions. 9. For these claims, it may be necessary to provide additional documentation that explains the relationship between your loss of earnings and benefits and your eligible condition(s). We will obtain complete documentation of your service-connected disability compensation, including all rating decisions and all changes to the amount of your VA compensation, directly from the VA. Deferred or vested compensation from employment. Work-life expectancy: Determine a measure of the victims expected remaining years of workforce participation using the tabulated work-life expectancies for the victims age at the time of death or at the time the victim was unable to work, or had to reduce work, as a result of eligible conditions contained in the publication, Gary R. Skoog, James E. Ciecka, Kurt V. Krueger, The Markov Model of Labor Force Activity 2012-17: Extended Tables of Central Tendency, Shape, Percentile Points, and Bootstrap Standard Errors, Journal of Forensic Economics, Volume 28, Issue 1 (2019), pp. The VCF enables compensation for the following categories: Victims of the 9/11 attack Family members of the deceased victims Pending disability applications: What to do if you are waiting for a disability decision from a government entity or insurer. What is the 9/11 Victim Compensation Fund formula? After-tax income: Determine after-tax compensable income by applying the average effective combined federal, state, and local income tax rate for the victims income bracket currently applicable in the state of the victims domicile for tax purposes. Whether the particular offsets fall within the definition of collateral sources; Whether particular offsets should apply to all or some categories of loss (for example, certain disability benefits are offset only against lost earnings; see Table 7: Which Offsets Apply to Which Types of Loss); Whether the collateral source compensation is certain or can be computed with sufficient certainty to enable its offset while ensuring that beneficiaries receive the full amount of compensation that is appropriate; and. Exceptions may be considered if the victim (or his or her authorized representative) submits evidence to support the assumption of additional years of workforce participation after age 65, such as the victims need to support minor children. Official websites use .gov A New York firefighter amid the rubble of the World Trade Center after the September 11, 2001 attacks. Such payments will be assumed to continue and will be offset unless evidence is submitted that the benefits or payments in fact terminated. Money is also allocated to people who have been diagnosed with cancers, lung diseases, and numerous other non-cancerous medical conditions after being exposed to dust, debris, and other toxins at Ground Zero. If you do not submit complete information about your benefits, the VCF will apply its standard default values: a 401k employer contribution equal to 4% of base salary and $2,400 per year for health insurance. If you submitted a claim for economic losses, but the VCF issues an award for non-economic loss only because of missing documents, the VCF will reconsider the economic loss award only on amendment. If, as a benefit of your employment, you are a member of a defined benefit pension plan, and you submit documentation of all information required to calculate a pension benefit under your plan, the VCF generally will calculate your benefits using that data. If you know that payments or benefits you have received are subject to a lien, you must notify the VCF. Note: an SSI disability finding may support a claim of lost earnings. Obstructive Airways Diseases include asthma, bronchiectasis, chronic airway obstruction, chronic bronchitis, chronic obstructive pulmonary disease (COPD), emphysema, reactive airways disease, reactive airways dysfunction, and respiratory conditions due to fumes and vapors. This means that we consider both fairness to the individual claimant as well as fairness to the entire claimant population, with priority given to those who suffer from the most debilitating physical conditions. Although it is recognized that a different after-tax interest rate could theoretically be calculated for each age, income, and state combination, such a computation was impracticable for the large-scale valuations to be undertaken here. For computational efficiency, three blended after-tax discount rates were used, depending on the victims age as of date of death or time the victim was unable to work, or had to reduce work, as a result of eligible conditions, and assumed to apply for all years forward. VCF's claims review process has two stages: the Eligibility Review and the Compensation Review. These benefits will be set at actual levels if you provide the necessary data. The VCF may also, in an appropriate case, make a replacement services award in a personal injury claim where the claimant did not have prior earned income or worked only part-time outside the home. Notwithstanding any other provision of this chapter to the contrary, the state insurance fund, if compensation and/or medical benefits be payable therefrom, or otherwise the person, association, corporation, insurance carrier or statutory fund liable for the payment of such compensation and/or medical benefits: (a) shall not have a lien on the proceeds of any award from the September eleventh victim compensation fund of two thousand one established pursuant to title IV of the federal air transportation safety and system stabilization act, public law 107-42, as amended; and (b) shall not terminate or reduce such compensation and/or medical benefits based upon the submission of a claim for an award from such federal fund, and/or the waiver or compromise of any cause of action resulting from such submission.. If you are claiming economic loss, we obtain information and documentation from various third parties, such as the Social Security Administration (SSA), the FDNY, the NYPD, and the New York State Workers Compensation Board, regarding your disability, earnings history, and/or pensions if we have not already done so as part of our preliminary eligibility review. Likewise, the calculations of economic losses also assume that the personal consumption percentage corresponding to the victims determined compensable income bracket as of the date of death, or time the victim was unable to work or had to reduce work as a result of eligible conditions, applies for the remainder of the victims career, without decrease. 15-108. . Other state Workers Compensation programs have not enacted similar legislation. Under the VCF Act, the VCF does not compensate for potential or anticipated future medical expenses. Chronic obstructive pulmonary disease (COPD), Respiratory conditions due to fumes and vapors, Cyclosporine (Restasis, Sandimmune, Neoral, Gengraf, Apo- Cyclosporine), Methotrexate (Trexall, Rheeumatrex, Rasuvo, Otrexup), Pathology Esophagus, gastric, duodenum specimens, Cryotherapy ( also known as cryoabalation, cryosurgery). Facts From 2001 to 2003, the September . In addition, the law requires the Special Master, in each case, to take account of the harm to the claimant, the facts of the claims, and the individual circumstances of the claimant. We are committed to representing our fellow New Yorkers to secure all of the compensation your sacrifices have entitled you to. An additional $9 million was provided by the State of New York in 2016. If you are an employee of Con Edison or Verizon, pension calculation statements from Con Edison or Verizon. Application of statutory limitation on annual gross income: In accordance withthe VCF Act, for each year of loss, the methodology limits the annual loss of earnings and other benefits related to employment that fall under the definition of gross income in section 61 of the Internal Revenue Code of 1986 to $200,000. or https:// means youve safely connected to the .gov website. When evaluating whether additional compensation should be awarded, the VCF considers the types of conditions compensated, the type, nature, and amount of compensation awarded, and the basis and timing of any lost earnings awarded in VCF1. Thus, a determination by SSA that you were. The VCF can award a 9/11 cancer victim up to $250,000 for pain, suffering and loss of enjoyment of life. The latter figures $100,000 on account ofthe spouse and each dependent include a non-economic component of "replacement services loss.". 2. The VCF (which stands for "Victim Compensation Fund") provides financial compensation for those who were physically injured or died as a result of an eligible 9/11-related illness (these include cancer claims ). Thus, if you retired on a disability pension due to an eligible condition, the VCF will only offset that pension to the extent it is greater than the amount you were entitled to receive as a service pension. If you are receiving Combat-Related Special Compensation or Concurrent Retirement and Disability Pay, submit a complete history of the amount and duration of benefits received. The Special Master uses effective income tax rates derived from published Internal Revenue Service (IRS) data on selected income and tax items for Individual Income Tax Returns by State. If, however, the certified condition significantly impairs activities of daily living or if the certification does not reflect the severity of the condition, additional documentation of the types described below can help the VCF evaluate whether an increased non- economic loss award within the appropriate range is warranted. If balances are insufficient to pay the full amounts awarded, claimants will receive payments in proportion to the fund's balance. For these claims, it may be necessary to provide a disability determination or other documentation that explains the relationship between the loss of earnings and the eligible condition. This includes information about collateral offsets that apply to both economic and non-economic loss, proof of cause of death for a wrongful death claim, or a missing Exhibit 1, which allows us to receive information from SSA in support of your claim. If you are receiving a pension (either directly or as a beneficiary of a decedent), you will be required to submit: In general, the VCF will use the following procedures and assumptions for determining future lost earnings for both deceased and injured victims: 1. Therefore, the VCF may ask you to obtain updated LOAs if they are older than one year at the time of our request. Sections 2.2.f-i contain information specific to victims who worked for New York City (including FDNY and NYPD) and the Federal government (including military and military reserve); and. longevity raises, overtime, bonuses, differential pay, etc.) Mesothelioma. The VCF was paying 10% of the settlement amounts immediately, with 90% due on its planned . Non-economic loss is calculated separately from an economic loss claim. Beginning in February 2019, the VCF's special master began to reduce some award payments because the fund's administrators anticipated that the VCF would not have sufficient funds to pay all valid claims. The VCF statute caps attorney fees for claimant assistance at 10% of the VCF award amount. Personal representatives must submit the following: A letter from the union/Con Edison/Verizon stating the monthly (or lump sum) amount of your survivor pension. First, the VCF strives to be fair to all claimants. The VCF Act establishes certain caps on non-economic awards for physical injury claims. If you have a personal injury claim and you later amend your claim and submit the information, the VCF will be able to calculate your economic loss. This generally includes the final Medical Board report that identifies the final diagnosis and recommends approval of a WTC disability, as well as any prior Medical Board reports issued that address the claimants conditions and recommend approval, disapproval, or deferral on the claimants disability application. 1/60th calculation (for those who served over 20 years), Total annual retirement salary (i.e., pension amount). The VCF focuses on recent documentation, from within three years of the claim submission date, when evaluating non-economic loss. The World Trade Center Health Program reports that approximately 18,000 people who were exposed at Ground Zerovictims and first responders alikehave since been diagnosed with cancer related to this toxic exposure, with more diagnoses expected in the future. Thus, there is a possibility in those states that payments to a victim or family member of a decedent might ultimately be subject to repayment from the VCF award. 800-887-7299 ENEnglish ESSpanish Our Team Meet Dan Hansen Meet Troy Rosasco Our Team Why Choose Us 9/11 Victim Programs Victim Compensation Fund (VCF) WTC Health Program (WTCHP) Wrongful Death VCF Claims VCF Eligibility & Coverage Appeals & Amendments VCF Proof of Presence Claims Procedures Deadlines Pain & Suffering Damages Note: If you received a non-economic loss award in VCF1, the VCF will consider the amount previously awarded when determining whether additional compensation is warranted in light of the 2015 reauthorization statutes prioritization mandate and non-economic loss caps. That tragic day nearly 3,000 people perished as the planes crashed, and WTC buildings collapsed. 3796) to provide that the benefits paid under the Act shall be in addition to any other benefit that may be due from any other source, except . The severity of the 9/11 health condition The type of condition, cancer, or illness The ways that the condition has impacted the responder or survivor's life Contact a New York City 9/11 Victim Compensation Fund Attorney When considering whether the disabling condition identified in the disability determination is the same as your VCF-eligible condition, the VCF will apply the following presumptions: Thus, in each of the cases identified above, if you have been deemed disabled due to one of the listed conditions, and another condition treated as equivalent has been deemed eligible for compensation by the VCF, your disability determination supports a lost earnings award. In general, you must submit: The VCF generally will use information obtained from the Social Security Administration (SSA) to determine earnings history. During the course of an individuals career, the rate of annual real life-cycle growth tends to gradually decline until a peak real earnings level is attained. 42 U.S.C. The FDNY Medical Board Committee Report: This is a report from the Chief Medical Officer of the FDNY on FDNY letterhead regarding the Result of Medical Committee, which summarizes the FDNY members WTC-related exposure, medical history, diagnosis, and the Medical Board Committees recommendation as to the extent of the members disability and fitness for firefighting duty. If that is the case, then the VCF must determine the extent of that loss. Following the decision of the Supreme Court in United States v. Windsor, 133 S. Ct. 2675 (2013) (finding Section 3 of DOMA unconstitutional) and pursuant to Department of Justice policy, all lawful same-sex marriages will be recognized if they were valid in the place where the marriage was celebrated. partnerships with the World Trade Center ("WTC") Health Program and 9/11 advocacygroups, . When determining when to notify the VCF, keep in mind the following general guidelines: The obligation to report collateral source payments is ongoing, until the VCF stops taking claims on October 1, 2090. Please review the details below specific to personal injury and deceased claims. Since each claim involves reviewing a substantial amount of documentation, and each award is calculated individually, the process can . Under the reopened VCF, attorneys' fees were limited to 10% of the VCF award.7 VCF Reauthorization The reopened VCF was scheduled to stop taking claims on October 3, 2016. The VCF Actalso requires that the Special Master prioritize claims with the most debilitating physical conditions. The average death claim was compensated at $2,082,128. Required Documents to Support Lost Earnings for Certain Unions and Employers, Documentation Required to Support a Medical Expenses Claim, Civil Division Freedom of Information Act. It is important to note that receiving a WTC Health Program disability evaluation through the Process does not guarantee that you will be awarded lost earnings from the VCF. Note that the VCF generally will not compensate for the loss of military earnings and benefits unless you left the service due to an eligible condition. If the paid medical expenses you incurred meet the VCF criteria, and you want to seek reimbursement of the expenses, you must submit an amendment to reactivate your request. In such cases, the non-economic award may be greater than $250,000, with a maximum award, under current VCF policy guidelines, of $340,000 for multiple severe conditions. For example, the victim may suffer from multiple types of cancer or may have a severe non-cancer eligible condition along with an eligible cancer. Interstitial Lung Diseases include asbestosis, granulomatosis, interstitial pneumonia, pneumonitis, pulmonary fibrosis, and sarcoidosis. If the WTC Health Program has certified your condition, no further documentation is necessary to support a claim for non-economic loss; the VCF will award non-economic loss at the lowest end of the range for the applicable condition based solely on the WTC Health Program certification. The regulations set a presumed award for non-economic losses sustained by the victim, and the victims spouse[1] and dependents, because of the victims death as a result of the September 11th aircraft crashes or subsequent debris removal: $250,000, plus an additional $100,000 on account ofthe spouse and each dependent of the decedent. a claim on behalf of a victim who died as a result of an eligible 9/11-related physical condition), you can make a claim for lost earnings/benefits incurred before the victim died as a result of an eligible condition and you can make a claim for the lost future earnings resulting from the death of the victim. If your employer provided benefits such as a 401K match or other types of benefits that you would ordinarily receive at the time of retirement, you should submit proof of such benefits in order for the VCF to compute the loss. In addition, if you filed your initial claim before December 18, 2020, and you did not claim medical expenses in your initial claim, you may file an amendment for medical expenses, and we will consider it, subject to the other requirements discussed in this document. Likewise, Social Security and similar benefits payable to a surviving spouse only if the spouse does not remarry or does not earn income above a certain threshold will be offset absent evidence that they have terminated. Likewise, if the victim was 65 years old or older at the time of death, the VCF generally will not award lost earnings and benefits, based on the presumption that the victim had already reached the end of his or her reasonable work-life expectancy. A special responsibility. Thus, if you are disabled due to an Interstitial Lung Disease and you have been deemed eligible by the VCF only for Obstructive Airways Diseases, the disability determination is not a basis for awarding lost earnings. If you believe you meet this threshold, you should request special circumstances consideration on appeal after your initial award has been determined. This is the bar by which the Special Master will measure the appropriateness of an increase above the cap, and it will be done in consideration of all other circumstances of the claim and the totality of the award. Note: The non-economic award is not automatically tied to the degree of disability (to the extent there is an occupational disability determination as a result of an eligible 9/11-related physical injury or condition). If the medical records submitted with your claim meet the three-year timeframe, you do not need to continue to submit medical records on your claim unless the VCF requests them. Income before taxes: Average annual expenditures and characteristics, Consumer Expenditure Survey, 2009, published by the Bureau of Labor Statistics (BLS). Although CPS and other data used to study lifetime earnings profiles indicate that peak real earnings typically decline at some point, in calculating life-cycle earnings growth in excess of inflation and overall productivity adjustments for victims, the Special Master has assumed that peak earnings are maintained. Once you receive your award determination, you will need to determine if the out-of-pocket medical expenses you incurred meet the $5,000 minimum threshold and other criteria noted above and are acceptable expenses as described in Acceptable Medical Expenses Claims below. 25 . The following information, which is used to calculate the victims pension. This includes last 5 years total earnings prior to retirement, including salary, holiday pay, night shift differential pay, and overtime. Therefore, this information should be viewed as a general guide to how the VCF implements our fundamental principles: fairness to the claimants, faithfulness to the statute, and accountability to the public, in the service of compensating demonstrable loss caused by an eligible condition. Your VCF1-eligible injury or condition has substantially worsened; b. See Section 2.3 for a detailed explanation of the methodology used to calculate future lost earnings. If you have already filed an amendment to seek medical expenses reimbursement, the VCF will review the expenses as part of our review of your amendment, provided the expenses meet the established criteria. While this information is provided for general guidance, it is important to note that these are general benchmarks, and awards may vary within the statutory caps as each claim is evaluated individually on its specific facts and at the discretion of the Special Master. Personal Injury Losses, (including losses before death when the victim is deceased), Offsets Applied to Note: The VCF considers and calculates losses suffered before you submit your claim for lost earnings as past losses, and losses suffered after you submit your claim for lost earnings as future losses. You do not need to resubmit documents in support of your medical expenses claim if you already submitted them with your claim form, although you may submit additional documentation.