Likewise, if you are disabled due to an Obstructive Airways Disease and you have been deemed eligible by the VCF only for Interstitial Lung Disease, the disability determination is not a basis for awarding lost earnings. See the Collateral Source Offsets section for more information. To do this, the VCF needs documents describing the pension plan and how the pension would be calculated. Below is a sample of some of our recent awards for our clients: $4.4 million. The victims most recent Earning and Leave Statement prior to retirement may have all of this information except the Effective Date, so if that document is submitted in place of the SF-50, the claimant will need to also provide his/her Effective Date. For each NYPD victim who is claiming loss of future earnings and benefits and has provided the appropriate authorization, the NYPD sends the VCFthe following information, which the VCF uses to calculate economic loss: The NYPD also sends the VCF information/documentation regarding the basis of the NYPD victims disability, if applicable. 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 have a prior claim that has already been decided and paid, and you believe you should be considered for the exception, please amend the claim to submit the request for review. An exception to this general rule may arise in those cases where a claimant is found disabled by the SSA due to Chronic Pulmonary Insufficiency or Chronic Respiratory Disorders and his or her only eligible condition is an Interstitial Lung Disease (e.g., sarcoidosis or pulmonary fibrosis). How Much Am I Eligible For? An additional $9 million was provided by the State of New York in 2016. 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. [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. 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. 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. 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. . Recommendation of the FDNY Pension Fund re: Accident Disability: This is a recommendation of the 1-B Medical Board on FDNY letterhead regarding whether the individual should be awarded an accident disability retirement. 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 A significant increase (more than a cost of living adjustment) in the amount of a previously reported collateral offset may constitute an additional payment that should be reported. 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. A schedule containing age-specific earnings growth rates reflecting the combined inflation, overall productivity, and life-cycle increases is shown in Table 3 below. $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 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. Information about your earnings and benefits, so that the VCF can determine the amount of loss. NYCERS will only accept LOAs dated within one year of the date the VCF (or the law firm for requests already sent directly to NYCERS) sends the request for information to NYCERS. 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. 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. What are the VCF payouts and how likely you will get one? 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. In addition, the victims consumption is determined as a share of the victims own earnings only, rather than the standard share of total household earnings. 1. For each FDNY victim who is claiming loss of future earnings and benefits and has provided the appropriate authorization, the FDNY sends the VCF the following information, which the VCF uses to calculate economic loss: Generally speaking, because we receive this information directly from the FDNY, anFDNY victim who has been granted a disability pension does not need to submit any additional pension documentation unless the claimant asserts loss from non-FDNY employment. The lowest compensation amount was $87.02. In some cases, even where the record supports the determination that the victims death was related to an eligible condition, it is not clear that the victims death resulted in a compensable loss. Under the Zadroga Act, non-economic loss includes . The VCF was reauthorized on December 18, 2015, with the enactment of Title IV of Division O of the An official website of the United States government. If your claim is missing documentation that we need in order to calculate your award, you will receive a missing information letter. The Special Master will exercise discretion in valuing the appropriate deductions for collateral offsets by determining the following: While it is not possible to define in advance every possible collateral source deduction, the following general illustrations should provide guidance: The following are NOT considered collateral offsets: The Special Master has discretion to determine which offsets should be applied to which losses. A lock 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. For example, if a claim is submitted on January 1, 2020, recent medical records are those dated after January 1, 2017. If you are claiming reimbursement for expenses relating to conditions that are not certified, we will consider reimbursement for expenses you incurred at any time before you filed your medical expenses claim, subject to the specific circumstances of your individual claim. You must be certain any documentation you provide meets the requirements outlined in Documentation Required to Support a Medical Expenses Claim below. A New York firefighter amid the rubble of the World Trade Center after the September 11, 2001 attacks. For the VCF to consider your claim for medical expenses, you must submit the following documents in support of your claim: (1) A document that demonstrates that the expense is related to one of your eligible conditions as explained below, unless the expense is on the list of Presumptively Compensable Expenses (see Table 6 below); and. 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. This approach was intended to avoid a penalty to the victim. Secure .gov websites use HTTPS Examples of the types of tasks that are considered for replacement services compensation are services that the victim provided to the family, such as cleaning, cooking, child care, home maintenance and repairs, and financial services. Because published estimated work-life expectancies by gender are lower for women than men, this specification increases the duration of estimated foregone earnings, and thus presumed economic losses, for female victims and was implemented by the Special Master to accommodate for potential increases in labor force participation rates of women. If you were compensated fully through sick pay or other compensation, that means you have not lost compensation. If you submit medical records, please highlight the relevant information in the records so the VCF can easily find the pertinent information or provide a written guide or statement directing us to the relevant pages. The cost NIOSH incurs in reimbursing treatment under the WTC Health Program. If seeking replacement services loss in the rare personal injury claim where it might be warranted, you must provide a statement describing the types of services you provided before your eligible condition hampered you from doing so, the amount of time spent on those services (per week or month), and the amount of time you are able to spend on those services now (i.e., with the eligible condition). Chronic rhinosinusitis has typically been awarded . Deferred or vested compensation from employment. Here are popular VCF payout questions answered: Risk of unemployment: To better reflect contingencies that the victims would have faced, all projected earnings and fringe benefits (assumed to be received during projected employment and until work-life expectancy) amounts will be adjusted for a factor to account for the risk of unemployment as lifetime jobs are not representative of the modern economy. The terrorist events of September 11, 2001, left thousands of victims injured or killed by the hijacked airplanes used to attack the World Trade Center, Pentagon, and other U.S. targets. While unpaid volunteers are normally ineligible for Workers' Compensation benefits, the New York Workers' Compensation Law was amended to provide a unique exception for certain volunteers who assisted with World Trade Center rescue, recovery, and clean-up efforts. To determine the amount, the VCF will consider how the injury affects your daily life, what kind of condition you have, and the severity. The maximum noneconomic award for any one type of noncancerous condition is $90,000. The fund, which was opened in 2011, compensates for deaths and illnesses due to exposure to toxins at the sites of the Sept. 11 attacks. The VCF awards compensation to 9/11 responders and survivors who have been diagnosed with health conditions linked to the toxins in the dust cloud. Pending disability applications: What to do if you are waiting for a disability decision from a government entity or insurer. The VCF has further revised its policy with regard to non-economic loss claims for non-cancer conditions, and our ability to appeal those awards. Thus, a determination by SSA that you were. Personal Injury Claims:If you have already filed a claim for medical expenses as part of your personal injury claim form submission, the VCF will not review the expenses as part of our initial review of your claim. The VCF provides financial compensation to individuals (or a personal representative of a deceased individual) who were present at the World Trade Center or in the VCF's NYC Exposure Zone ; the Pentagon crash site; or the Shanksville, Pennsylvania, crash site, at some point between September 11, 2001, and May 30, 2002, and who have been . In many cases, these issues are best addressed in the context of an appeal hearing. 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. 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. 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. See Table 7: Which Offsets Apply to Which Types of Loss. 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. For example, you could submit letters or reports from specialists who treated your eligible conditions. Letter from the Board of Trustees of the Fire Department Pension Fund Regarding Award of Accident Disability Retirement: This is a letter issued to the individual on FDNY letterhead from the Director of the Board of Trustees of the Fire Department Pension Fund regarding whether the Board approved or disapproved the victims application for accident disability retirement. Examples of such documentation might include a medical report explaining that you had to miss work because of your eligible condition, determinations by an insurance carrier that provided disability coverage and which specify the disabling condition, or Workers Compensation records. If you do not notify the VCF, we will assume that there are no liens. 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. If you are claiming medical expenses relating to conditions with different certification dates, you can claim reimbursement for applicable expenses up to the certification date for each individual condition. Interstitial Lung Diseases include asbestosis, granulomatosis, interstitial pneumonia, pneumonitis, pulmonary fibrosis, and sarcoidosis. Similarly, if the victim has cancer and severe non-cancer conditions, the Special Master may issue an award that makes an adjustment above $250,000 to account for multiple conditions. Income will be determined based on the documents submitted with the claim and on data obtained from SSA earnings reports. 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. We urge you (and your attorney, when applicable) to consider the collateral offsets that may be applicable to your claim before submission, and consider submitting a non-economic loss only claim in those cases where your earnings-related offsets are likely to exceed your economic loss. If the victim is deceased, you should provide a clear statement of the services provided before the onset of the eligible condition and/or death from the eligible condition. 2. . Because your VCF1 non-economic loss exceeds the maximum amount allowed by law for those conditions ($90,000), no additional losses will be awarded. [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. A Pension Work History or similar document from the union, showing the number of hours worked and credits earned in every year of work. Work-life expectancies are based on actual experiences and behavior of the general population and measure the estimated time in years an individual of a given age will remain in the labor force (either employed or actively seeking work), allowing for age-specific mortality risks and rates of workforce transitions. Documentation showing the Effective Date and the victims final grade, step, and location the best source of this information is the most recent SF-50 (Notification of Personnel Action) prior to retirement. If you have a defined benefit pension that was or will be reduced because you retired early due to an eligible condition, the VCF may compensate you for that loss. ), If you receive a disability pension, documents showing the injuries or conditions that the pension is based upon. 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. For example, you may submit a letter from your employer describing the retirement benefit or paystubs that reflect the employers contribution to your retirement account. 6. Congress amended the Public Safety Officers Benefits Act (42 U.S.C. Another award is made to a successful applicant for an economic loss, which includes lost benefits, lost earnings, household services, and out of pocket medical expenses. You should not contact NYCERS or NYSLRS directly to obtain this information. Please only submit documents that are related to your 9/11-related eligible physical conditions. Given the statutorily designated backstop through the Uninsured Employers Fund, future funding for the WTC Volunteer Fund is now certain. If you notify the VCF more than 90 days after the date you learned that you were entitled to receive a new or revised collateral source payment, the VCF may adjust your determined or paid award to reflect the new or revised entitlement or payment as an offset, which may result in a lower award. 3. You must complete and submit a Social Security Administration Consent Form (Exhibit 1 of the Claim Form) even if Replacement Services is the only type of loss you are claiming. Please do not submit another copy of the Exhibit 1 for the victim. Important Note: The amount of non-economic loss is not tied to the number of certified conditions. This chart may change over time. 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 you are filing a personal injury claim, in order to qualify for an economic loss award for loss of future earnings/benefits, you must first show that you have a permanent partial or total occupational disability based on an eligible 9/11-related physical condition. The VCF also refers to non-economic loss as a "pain and suffering" award. Because you are eligible for treatment and medications once your condition is certified, the VCF will not reimburse for expenses you incur after your condition is certified if you decide to be treated by a non-WTC Health Program physician, or to have your prescriptions filled by an unaffiliated pharmacy. 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. This means you must submit an amendment and request re-review of your economic loss claim. 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.. Once the award is calculated, we send you a letter explaining the breakdown of your award and an option to appeal within 30 days if you believe an error was made in the calculation. Compensation that would have been payable upon retirement or death regardless of when or why the victim retired or died is not payable as a result of the terrorist-related aircraft crashes of September 11, 2001, and therefore is not collateral source compensation.