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3.7 My family member passed away but was diagnosed with Uterine Cancer before she died. I believe the Uterine Cancer was related to her 9/11 exposure, but it was not a condition on the WTC Health Program list of covered conditions prior to her death.

Question
3.7 My family member passed away but was diagnosed with Uterine Cancer before she died. I believe the Uterine Cancer was related to her 9/11 exposure, but it was not a condition on the WTC Health Program list of covered conditions prior to her death. Now that the condition has been added, can I file a claim for compensation for the cancer? How do I prove the cancer was related to 9/11 if she cannot go to the WTC Health Program to get certified?
Answer

Yes, the authorized Personal Representative of the deceased victim may file a claim seeking compensation for the Uterine Cancer, as long as all other VCF eligibility requirements are met.  Because the decedent cannot go to the WTC Health Program to have the condition certified, the Uterine Cancer will be verified through the VCF Private Physician Process.  The authorized Personal Representative will need to complete and submit the Private Physician forms and required documents so the condition can be evaluated to determine if it can be verified as related to 9/11.  Details and instructions regarding the Private Physician Process can be found here: https://www.vcf.gov/private-physician-process.

In addition to completing the Private Physician forms, the Personal Representative will also need to file a claim on the victim’s behalf seeking compensation related to the cancer, or amend a previously-filed claim, depending on the specific circumstances as outlined below: 

  • If the victim filed a personal injury claim with the VCF prior to death, follow these instructions: https://www.vcf.gov/resources/when-claimant-passes-away-after-filing-personal-injury-claim
  • If a deceased claim has been filed for the victim, and the claim has already been approved based on other eligible conditions, the Personal Representative may amend the deceased claim to seek additional compensation related to the cancer.
  • If a claim of any type has not previously been filed for the victim, and the victim’s cause of death is believed to be related to an eligible 9/11 condition (including Uterine Cancer if verified through the Private Physician process), the authorized Personal Representative will need to file a deceased claim on the victim’s behalf.
  • If a claim of any type has not previously been filed for the victim, and the victim’s cause of death is not believed to be related to an eligible 9/11 condition, the authorized Personal Representative will need to file a personal injury claim on the victim’s behalf to seek compensation for losses associated with the eligible condition(s) prior to death.
Question Number
7