If you submitted a claim and meet one of the circumstances listed below, you must amend your claim for the VCF to review new information. You can submit your amendment online or in hard copy. Follow the instructions in How to file an Amendment to amend your claim.
- You have a new WTC Health Program certified condition, or a new 9/11-related injury or condition that qualifies for verification through the VCF Private Physician process, and you believe additional compensation is warranted on account of the new condition.
- You can now submit missing documents. Your claim was denied because you did not respond to the VCF’s request for missing information and you are now ready to amend your claim to provide the requested documents.
- You need to add, change, or remove the Personal Representative or guardian on an existing claim.
- Your condition substantially worsens, resulting in loss that was not previously compensated, or you have incurred new or additional economic losses due to your eligible injury or condition.
- You have new information that may change your award. You have new information that was not submitted to the VCF when your award was determined and that you believe would affect the amount of your calculated loss.
- You want reimbursement for past medical costs. You have received your initial award determination and are seeking reimbursement for out-of-pocket medical expenses over $5,000 that were incurred before the WTC Health Program certified your condition.
- You want to withdraw part of your claim. You previously submitted a claim for one or more types of economic loss, you have not yet received a decision on that claim, and you now want to withdraw that portion of your claim.
- You meet the criteria for the WTC Health Program Disability Evaluation Process and want to request consideration for that process, or you have received your WTC Health Program disability evaluation report and need to submit it for VCF review.
- You have new documents that the VCF has not previously reviewed. You sent information after the deadline stated in a “Missing Information” request and the information you submitted was not considered by the VCF when calculating your award. You now need to file an amendment so the information can be reviewed. Or, your online claim status is “Determination Made: Processing” and you have new documents you would like the VCF to review. After you receive the letter notifying you of your award, you will need to file an amendment to have the new documents reviewed.
Note: If you submit documents after the VCF finalizes substantive review of your compensation claim, but before your award letter is issued, we will notify you in the award letter that the documents have not been reviewed and will instruct you to submit an amendment if you still want the VCF to review the documents.
There are certain situations when amending your claim will not result in a change to your award. Listed below are examples to consider before filing an amendment.
- Amendments seeking additional non-economic loss: Except in limited circumstances, if you already received a non-economic loss award at the statutory cap ($90,000 for non-cancer conditions and $250,000 for a cancer condition), claiming a new condition will not change your non-economic loss award. The limited circumstances in which the VCF may award additional non-economic loss include if you are claiming an additional cancer condition that was not previously considered in the award or if you are were previously compensated for a cancer and are claiming a non-cancer condition that the Special Master has identified as presumptively severe and debilitating (see Section [2.1(a)]).
- Amendments on claims with large collateral offsets: If your initial award determination was reduced by collateral offsets, you should consider whether these offsets will exceed the new loss you are seeking. If your offsets are substantially higher than the loss you are claiming through the amendment, the amendment will not result in a change to your net total award. For example, if you received a $350,000 settlement payment from a 9/11-related lawsuit, and are only seeking additional non-economic loss, you should not file an amendment as the offset will exceed the non-economic loss award.
If you are represented by an attorney and are unsure whether your amendment will result in a substantial change in your award, you should discuss the amendment with your attorney. If you are not represented, the VCF Helpline can assist you in deciding whether to submit the amendment.
The VCF will review the new information you submit with your amendment and will notify you of the outcome of our review. Each amendment will be reviewed; however, an amendment may not necessarily result in a change in your award.
If you believe your claim warrants expedited review at the amendment phase, you must submit another request for expedited status following the guidelines in Section 8.
5.1 Deceased Victim Claims
In a deceased claim (i.e., claims filed on behalf of a victim who died as a result of his or her 9/11-related eligible condition), you are permitted to amend your claim. However, amendments for claims filed on behalf of a deceased individual should be rare. This is because most losses and information should be known and available at the time the original claim is filed as they were incurred prior to the victim’s death. The best way to ensure complete review of a claim filed on behalf of a deceased victim is to claim all losses and submit all supporting documentation when you file your claim form.
Important Note: If the VCF increases the award on amendment and you have Letters of Administration, Letters Testamentary, or other Court Order that include limitations on your ability to collect funds from the VCF, you may need to return to the court to have those limitations lifted.