The Special Master may reduce the amount of the offset for a pension to take account of self-contributions to that plan over the injured victims or decedents lifetime. . Therefore, if PSOB has paid a benefit to the eligible victim, then the VCF will offset this amount. It may be necessary to provide additional documentation that explains the relationship between the disability and your eligible condition(s). Personal consumption adjustment for decedents: For claims for deceased victims whose death was related to an eligible condition, the VCF subtracts from annual projected compensable income and benefits the decedents share of household expenditures or consumption as a percentage of income, using expenditure data by income level obtained from Table 2. Income before taxes: Average annual expenditures and characteristics, Consumer Expenditure Survey, 2009, published by the Bureau of Labor Statistics (BLS). The exception will be made only in the small number of non-cancer claims where the claimant has an interstitial lung disease (ILD) or other pulmonary illness where the effects of the condition are so severe that they are similar in all relevant respects to what a claimant with lung cancer might suffer. In certain situations, we may deactivate your claim and stop our review if we are missing critical information. This allows the VCF to obtain information from the Social Security Administration to determine earnings history. If, on the other hand, younotify the VCF of the pending disability application and the VCF defers processing your claim, your claim will be reviewed in a priority order based on the original date of submission of your compensation form once the completed disability application is submitted in a subsequent amendment. 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. In addition, compensation may include other military benefits or allowances if the appropriate documentation of the amount and duration of the benefits is submitted. 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. The type of pension (e.g., ordinary, service, disability, etc. To do this, the VCF needs documents describing the pension plan and how the pension would be calculated. Please review the details below specific to personal injury and deceased claims. Specifically, the NY Workers Compensation law, Section 29(1-b) provides as follows: 1-b. Payments made by the various State Victim of Crime Boards funded with federal funds. These conditions include rhinitis, sinusitis, rhinosinusitis, tracheitis, laryngotracheitis, laryngitis, nasopharyngitis, and pharyngitis. More information about Non-Economic Loss, Economic Loss, and Collateral Offsets can be found in the sections below. . He was earning about $100,000 per year at the time of his disability. The methodology applies adjustments for taxation, risk of unemployment, employee contributions, and personal consumption for deceased claims before applying the annual limit. Do not use this form if you have had a decrease in a collateral source payment and would like to request that the VCF review your award. payments under the September 11th Victim Compensation Fund of 2001 . Note: an SSI disability finding may support a claim of lost earnings. 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). Similarly, payments from other government or private entities that are subject to liens may not be offset from the VCF award if sufficient evidence of the lien is submitted. This further lessens the resulting subtraction, compared to personal consumption rates typically applied in litigation, if there are other earners in the household. The VCF may also accept a determination of disability made by a private insurer or a treating physician if they are sufficiently detailed as to the effect of the VCF eligible condition, distinguish those effects from those of ineligible conditions, and provide sufficient information from which the onset and severity of the disabling condition may be determined. If you have insurance, the VCF will not compensate for any expenses that have not yet been evaluated by your insurance company or any applicable secondary payer. (2) A document that demonstrates the amount of the expense that you have paid out- of-pocket, as explained below. If the governmental agency determines that the cause of disability is a condition that the VCF has found eligible, then the disability determination will provide a basis for a determination of future loss of earnings/benefits. The methodology computes the loss in each year (including pensions) and caps the loss at $200,000 in each year. Each person who was killed or injured in the September 11th attacks suffered grievous harm, and each person experienced the unspeakable events of that day in a unique way. In general, the VCF will accept a determination by a governmental agency that you have a disability and will accept the governmental agencys determination of the cause of the disability. If you believe you meet this threshold, you should request special circumstances consideration on appeal after your initial award has been determined. 3. Chronic rhinosinusitis, or sinusitis, is a prevalent respiratory condition linked to inhalation of the highly toxic dust on 9/11. A .gov website belongs to an official government organization in the United States. Rupa Bhattacharyya works to ensure that fair compensation goes to the victims of the September 11th attacks. The maximum amount for eligible non-cancer conditions is $90,000. 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. The latter figures $100,000 on account ofthe spouse and each dependent include a non-economic component of "replacement services loss.". You will need to submit two types of information: The VCF provides a Temporary Past Lost Earnings worksheet to help support your VCF claim. The VCF enables compensation for the following categories: Victims of the 9/11 attack Family members of the deceased victims Recent documentation of the medications required to manage your condition and how often you take those medications. If you were eligible for bonuses, deferred compensation, stock options, or any other form of compensation that might not be reflected in the SSA earnings report, you must submit proof of such forms of compensation if you want the VCF to consider such forms of compensation or increases in compensation in evaluating your claim. In certain, very limited circumstances for example, if your claim qualifies for expedited processing due to terminal illness or significant financial hardship (see Section 8),and the Special Master determines it appropriate the VCF may issue an award that deducts a presumptive offset amount assuming that your disability application was decided favorably, and you will be able to amend your claim once the disability process is concluded for any necessary correction to your award. If a claimant requests and is approved to enter the Process, a WTC Health Program physician will conduct a one-time disability evaluation of the claimant and prepare a disability evaluation report, which the claimant will submit with his/her claim. 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. 1. As required by the VCF Act, your final award will be calculated using this basic formula: Non-Economic Loss plus Economic Loss, minus Collateral Offsets. The work-life expectancies are shown in Table 2 below. The lowest compensation amount was $87.02. However, the VCF limits the amount a 9/11 attorney may charge a claimant to 10% of the claimant's VCF award. 107). $340,000 for a downtown office worker with skin cancer and larynx cancer $340,000 for a retired NYPD officer with cancers of the colon and mouth It was determined that the net effect of these and other facilitating assumptions was to increase the potential amount of presumed economic loss to the benefit of the victim. The maximum noneconomic award for any one type of noncancerous condition is $90,000. Such a statement is most helpful if it provides a timeline and details on the medical treatments you have experienced. If you believe that your SSA earnings history does not fully account for future earnings potential, then you must provide documentation supporting any argument that the VCF should take into consideration other information in determining future earnings. How Much Am I Eligible For? 3. In the early years of the WTC Victim Fund, claims for personal injury were awarded amounts that ranged from $500 to $8.6 million. If the VCF, with reasonable effort, cannot clearly identify the required documentation necessary to support each claimed medical expense, the VCF reserves the right to deny your medical expenses claim. 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. As a result, the VCF has established specific criteria about when and how you should submit your claim for medical expenses. 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. In many cases, these circumstances are best addressed in the context of an appeal hearing. Death claims averaged a compensation amount of $2,082,128. Moreover, the VCF will not disregard a determination that attributed your disability to an ineligible condition, even if it was later changed. If you have already filed a claim for reimbursement of expenses that you incurred after your certification date for the applicable condition, the VCF will not reimburse for these expenses. His VCF award was $1,012,392 reduced by offsets for a pension and prior lawsuit of $404,833, for a total award of $607,558. Any additional factors influencing military pay are assumed to be included in your reported military pay and will not be compensated separately. The letter will explain the next steps to take on your claim. In such a case, if medical records submitted provide no other discernable basis for the claimants SSA disability, then it will be presumed that the eligible Interstitial Lung Disease is the same as the disabling condition. 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. Doing so will unnecessarily tie up limited resources and may delay claims processing. What are the VCF payouts and how likely you will get one? Specifically, the NYPD sends the VCF the underlying Medical Board Police Pension Fund Article II Reports that identify the basis of the disability determination for claimants who have retired on a WTC disability. The VCF will treat all conditions in the category of Upper Respiratory Diseases (URD) as equivalent. 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. A lock If you are physically injured as a result of an eligible condition, you can make a claim for earnings/benefits you lost before you submitted your claim to the VCF, and you can make a claim for earnings/benefits you expect to lose in the future (after submission of your claim) as a result of your eligible condition. Our review includes: determining non-economic loss based on the severity of physical harm; calculating economic loss, including past and future lost earnings (if claimed); and confirming collateral offsets, including payments received from pension funds, life insurance, SSA, Workers Compensation, and settlements from 9/11-related lawsuits. In a defined benefit pension plan, the employer or other sponsor promises to pay specific retirement benefits based on the employee's or members earnings history, length of service, and age. If you know that payments or benefits you have received are subject to a lien, you must notify the VCF. The VCF also refers to non-economic loss as a "pain and suffering" award. If you were found to be partially disabled due to an eligible condition in VCF1 based on an FDNY disability determination, and the Social Security Administration subsequently determined that you became fully disabled due to the same condition after your VCF1 award was issued, you may be eligible for additional compensation. Under the Zadroga Act, non-economic loss includes . There are some cases, however, where a victim continued to earn income at the same level after s/he was determined to be disabled by a governmental entity. Recent test results and treatment prescribed that show the severity of your condition. [3] Real life-cycle increases are typically higher in the earlier stages of ones career, one reason being unrealized opportunities for advancement and promotion that individuals in later stages of their careers have already experienced. . 1.8%, and 1.2%, depending on the average time to maturity consistent with the average duration of presumed losses. To help the VCF understand the severity and effect of your condition, you may want to submit supporting documents related to your condition with your claim. Some survivors may be eligible for benefits or payments from certain programs that provide periodic payments subject to adjustment or termination depending on potential future events. If the breast cancer is disabling, a victim is entitled to additional compensation for lost wages. Where survivor benefits being paid to a disabled child may continue after age 18 but are subject to evaluation for continuing disability, the Special Master has discretion not to deduct them to extent they cannot be determined with reasonable certainty. The $250,000 cap for a single cancer condition will not be exceeded under this authority. It is not an appropriate use of SSAs resources to request re-evaluation for this purpose. [9] The blended discount rates, before tax adjustment, shown in Table 5 imply real interest rates in excess of inflation of 2.1%. As a general rule, under the terms of the VCF Act, the Special Master has identified the following conditions as presumptively less severe and debilitating and thus warranting lower awards, absent medical documentation of severity, than the highest allowable for a non-cancer condition: Asthma/RADS, Barretts Esophagus, Bronchiecstasis, Chronic Airway Obstruction, Chronic Bronchitis, Chronic Cough, Chronic Obstructive Pulmonary Disease, Chronic Rhinitis, Esophagitis, Gastroesophageal Reflux (GERD), Laryngitis, Nasopharyngitis, Obstructive Sleep Apnea, Pharyngitis, Respiratory Conditions due to Fumes or Vapors, Rhinosinusitis, Sinusitis, and Traumatic Injury or Musculoskeletal Disorder. Moreover, computation of the after-tax discount rate using a relatively high combined New York income tax rate, compared to other states, results in a lower after-tax discount rate. It is important that you respond to all missing information letters within the timeframe specified in the letter. Because age-specific observed life-cycle increases for all males were higher than observed life-cycle increases for both men and women combined, the Special Master elected to incorporate the life-cycle increases for males into earnings growth for all victims, both male and female. If you are submitting a personal injury claim and you claim a loss of earnings, the VCF must determine whether you are unable to work, or have a reduced ability to work, as a result of an eligible 9/11-related physical condition. Mental Health Conditions. The amendment may be filed at any time following receipt of your initial award determination, but no later than October 1, 2090. Collateral offsets are compensation from other sources that you received or became entitled to receive as a result of your eligible injury and must be subtracted from the award. [8] The tax rate used to determine after-tax interest rates is the computed combined Federal, State and local income tax rate of 15.1% for New York for the $70,000 earnings bracket. Likewise, in a wrongful death claim, the VCF will only offset a survivor pension to the extent it is greater than the pension the victim was otherwise entitled to receive. 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 ). Recent medical records or treating physician statements showing use of assistive devices that significantly impair activities of daily living such as breathing devices that may be used for Obstructive Sleep Apnea. You are not required to amend your claim if you decide you no longer want to seek reimbursement for medical expenses. Claimants receiving benefits through the Workers Compensation WTC Volunteer Fund should provide the VCF with their Workers Compensation file number. longevity raises, overtime, bonuses, differential pay, etc.) If you are filing on behalf of a deceased victim and you have provided sufficient evidence that the cause of death was related to aneligible condition, the VCF will generally calculate lost earnings and benefits resulting from the victims death if it is clear from the information in the claim file that the victims death resulted in a compensable loss. Recent medical documents that show the type and frequency of medical treatments you have had for your condition. Kreindler has been helping 9/11 victims since 2001, and to-date, we have helped our clients recover more than $3 billion through the Victim Compensation Fund. In addition to evidence of a compensable loss, you must submit information about collateral source payments that the VCF may be required to offset against a lost earnings award. After your award is received, any changes in entitlement to survivor benefits, such as a determination of continuing disability at age 18, should be reported on the Collateral Offset Update Form.. Each award is calculated individually. However, the VCF requires that claimants be enrolled in and have their physical condition (s) certified for treatment by the WTC Health Program in order to process a VCF claim and award compensation. First, the VCF strives to be fair to all claimants. The VCF is required by the VCF Actto offset (that is, subtract) from the calculated loss the amount of compensation that you have received, or are entitled to receive, from certain collateral sources as a result of the injury that is eligible for compensation. When viewed in total, these assumptions are designed to benefit the victim and are more favorable than the standard assumptions typically applied in litigation. Records of state and federal agency proceedings or private insurance records that address your medical condition. The VCF is committed to transparency about the claim review process. Please be sure to refer to the most recent chartprior to filing your amendment for medical expenses. [6] Other standard expenditure categories sometimes included in litigation, namely Reading, Cash Contributions, Alcoholic Beverages, and Tobacco Products, were excluded. 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. 9. For example, the Special Master considered that over the course of their projected careers, younger victims could expect to cross into higher income brackets, and be subject to corresponding higher income tax rates, on account of experience-based real lifetime earnings growth in excess of economy-wide national wage increases. This chart may change over time. Table 4 below shows calculated consumption rates by income bracket and for various household sizes. If you're preparing to submit a claim to the VCF, you may have many questions about the September 11 th Victim Compensation Fund ("VCF") claim review process. However, this is not all of what goes into VCF cancer payouts. 6. Charitable gifts - the final regulations clarify that benefits from charities (privately-funded charitable entities) disbursing private donations will not be treated as collateral source compensation, even if such charities were created or managed by governmental entities. For example, the VCF will deduct from the award the amount that an FDNY victim receives under a WTC disability pension provided that the disability pension is for an eligible condition. Compensation for military service members and uniformed service members is based on the amount of your basic pay (BPY), which is the largest component of military pay, plus any additional factors influencing military pay (e.g. You do not need to resubmit documents you have already submitted in support of your amendment, but you must be certain the documentation you provided meets the requirements outlined in Documentation Required to Support a Medical Expenses Claim below. To maintain the privacy of individual claimants and beneficiaries, the Fund will not list names or any other identifying information that might easily lead to the identification of individuals who have received or been notified of awards. The VCF will consider claims for medical expenses only if the total amount legitimately claimed in your amendment exceeds $5,000. For example, the VCF will deduct from a lost earnings award the amount that an FDNY victim receives under a WTC disability pension provided that the disability pension is for an eligible condition, but will not deduct a disability pension from the non-economic loss award. Economic loss is pecuniary loss caused by an eligible condition: loss of earnings or other benefits related to employment, the cost to replace household services previously provided by the victim, certain past medical expenses, and expenses associated with a burial or memorial service in the case of a deceased victim. The maximum non-economic loss for any one type of cancer condition is $250,000, and the maximum non-economic loss for any one type of non- cancer condition is $90,000. Compensable expenses include costs you have paid out-of-pocket for prescription medication, prescribed medical equipment, doctor visits, diagnostic tests, surgeries, or other medical procedures relating to your eligible condition(s). Medical Evaluation Board and/or Physician Evaluation Board report). This adjustment is made because work-life expectancies are based on years of expected workforce participation, which, as defined by the Bureau of Labor Statistics, include periods an individual is either working or seeking work. The VCF must consider evidence of an eligible disability in light of all the evidence, including an ineligible condition that is also disabling. The VCF will compensate for documented out-of-pocket burial or memorial expenses for victims who died as a result of an eligible 9/11-related physical injury. The VCF will review these benefits on a case-by-case basis.
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