As shown in Table 7 on page 55, PSOB benefits are offset against the total award, including non-economic loss, whether they were awarded for death or disability. 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. If you do not notify the VCF, we will assume that there are no liens. 1.8%, and 1.2%, depending on the average time to maturity consistent with the average duration of presumed losses. 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. As noted above, the non-economic award is based generally on the severity of the condition and the effect of the condition on the victims ability to maintain normal activities of daily living, as demonstrated by recent medical records, except in those cases treated as presumptively severe (where medical records are not needed in order to qualify for the highest award allowed by the statutory caps). 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. See Section 2.3 for a detailed explanation of the methodology used to calculate future lost earnings. An additional $9 million was provided by the State of New York in 2016. However, the VCF limits the amount a 9/11 attorney may charge a claimant to 10% of the claimant's VCF award. Note that this information should be in a letter that was sent to the victim at retirement or in a Federal Retirement Benefits printout: Date that victim entered the FERS system (date used to calculate Creditable Service for Retirement), Total years and months of credited service, Letter from Office of Personnel Management (OPM) confirming that the victims disability retirement has been approved and stating the conditions forming the basis of the disability, Amount of Monthly Disability Pension in first 12 months (already reduced by Social Security benefits), Amount of Disability Pension after 12 months (already reduced by Social Security benefits), Estimate of re-calculated Disability Pension at age 62, Type of survivor benefit (e.g., Basic Employee Death Benefit, Survivor Annuity). In addition to evidence of a disability and a compensable loss, you must submit information about collateral source payments that the VCF may be required to offset against a lost earnings award. Note: an SSI disability finding may support a claim of lost earnings. This includes last 5 years total earnings prior to retirement, including salary, holiday pay, night shift differential pay, and overtime. For example, the VCF will accept disability determinations made by the Social Security Administration, the FDNY, the NYPD, NYCERS, NYSLRS, the VA, and Workers Compensation boards (see the sections below regarding FDNY, NYPD, NYCERS and NYSLRS, FERS, and the VA). Because claims for reimbursement of out-of-pocket medical expenses require the submission and review of significant documentation establishing that the claimed medical expense was related to your eligible condition, that you personally paid for the expense out of pocket, and that the expense was incurred prior to your WTC Health Program certification for the applicable condition, processing these claims takes time and can delay your award. WTC volunteers are eligible to receive benefits through the WTC Volunteer Fund, which is administered by the Workers' Compensation Board. The methodology applies adjustments for taxation, risk of unemployment, employee contributions, and personal consumption for deceased claims before applying the annual limit. In determining the award amount, the Special Master considers the harm to the claimant, the facts surrounding the claim, and the claimant's individual circumstances. Depending on their circumstances, FDNY victims should submit either two, three, or five documents (depending on their specific situation as explained below) to demonstrate that they have been found disabled as a result of a VCF-eligible condition or injury. 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. Do not hesitate to contact us toll-free at 844-982-2667 if we may be of service. See Section 5 for additional information about amending your claim. Below is a sample of some of our recent awards for our clients: $4.4 million. For those who receive Workers Compensation benefits from New York State, New York amended its Workers Compensation statute in 2002 to prohibit insurance carriers from asserting liens against awards from the VCF. 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. If you did not have SSA earnings (e.g., worked outside the United States or do not have a Social Security number), then you must provide other documents demonstrating earnings including tax returns, statements of profit/loss from a business (if self- employed), W2 forms, 1099 forms, pay stubs, or employment offer letters. Information aboutcompensation you received from collateral sources that must be subtracted from your lost earnings award. - An FDNY Lieutenant who became disabled from working by severe WTC related pulmonary conditions at age 52. The VCF considers the fact that you became more (fully) disabled after your VCF1 award was issued as evidence that your same, eligible condition has worsened and that you suffered losses that were not previously fully compensated. Deferred or vested compensation from employment. . If there is an indication that you are receiving, or are entitled to receive, a disability or survivor pension (or if the decedent received a disability pension before death), but you do not submit information necessary to calculate that pension or determine the basis of that pension, the VCF will not issue a full award and may issue only a non-economic loss award or deactivate the claim because, without that information, the VCF cannot determine whether an offset is appropriate and the amount of that offset. When considering the authority provided by the VCF Act toissue non-economic loss awards above the statutory caps in special circumstances, the Special Masters intention (consistent with the intent of Congress) is to exercise this authority in very limited and unique circumstances, and only for non-cancer claims. There are three types of economic loss: loss of earnings/benefits, out-of-pocket medical expenses, and replacement services loss. Anybody with a physical health certification from the WTC Health Program and/or medical proof that they suffer from a condition the federal government has linked to 9/11 can qualify for an award for "pain and suffering", also known as "non-economic loss." Your claim for reimbursement of past out-of-pocket medical expenses will only be considered if the criteria outlined below are met: The Special Master may exercise discretion to waive one or more of these requirements as appropriate based on individual claimant circumstances. If you do not provide sufficient evidence of the benefits you received through employment, the VCF willassume that the employers retirement contribution is 4% of base salary and that medical benefits are $2,400 per year in current year dollars and will adjust for applicable inflation. Rare Cancers. The total amount of the claimed medical expenses incurred due to eligible conditions exceeds $5,000. A member of the Kreindler 9/11 VCF team can discuss all of these factors with you. 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. The Special Master is required under the VCF Actto offset Social Security survivor and dependent benefits as compensation paid to the surviving spouse or dependents of a disabled or deceased wage earner because of the eligible injury. service, disability), if applicable, Date of retirement from the military, if applicable, Most recent pay statement showing various allowances, benefits, and special pay, If receiving military retired pay: start date and benefit amount. In many cases, these issues are best addressed in the context of an appeal hearing. The VCF was paying 10% of the settlement amounts immediately, with 90% due on its planned . The VCF will then compute the amount of past and/or future lost wages in light of these factors (as explained below). The expenses were paid prior to the date the WTC Health Program certified the applicable condition as eligible for treatment (applicable condition refers to the specific condition for which the expenses were incurred). Each award is calculated individually. In some cases, even where the record supports the determination that your disability is related to an eligible condition, it is not clear that your disability resulted in a compensable loss. These conditions include rhinitis, sinusitis, rhinosinusitis, tracheitis, laryngotracheitis, laryngitis, nasopharyngitis, and pharyngitis. Tax benefits received from the Federal Government as a result of the enactment of the Victims of Terrorism Tax Relief Act of 2001 (Pub. If you have applied or plan to apply to PSOB Programs for a September 11th-related injury, you should note the PSOB application in the Collateral Offsets section of the claim form. 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. 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. 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. 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. The total amount legitimately claimed means that the claimed expenses are reasonably related to your eligible conditions (as identified in your most recent eligibility determination letter) and that you have documentation demonstrating that you paid the expense out-of-pocket. The VCF will consider claims for medical expenses only if the total amount legitimately claimed in your amendment exceeds $5,000. The VCF will consider reimbursement of out-of-pocket medical expenses that you incurred up until the date of certification of the applicable condition(s). 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. You will need to submit documents to show the benefits you received before the eligible injury/death and any claimed losses associated with employer-provided benefits. 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. 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. 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. Recent medical documents that show the type and frequency of medical treatments you have had for your condition. The types of documents listed below can assist the VCF in the evaluation of your claim: A document from your physician summarizing the medical history of your condition and treatment will often be sufficient to prove the extent of your non-economic loss. This has the effect of decreasing offsets and, thus, increasing the amount of VCF awards. In addition, the legislation created the WTC Health Program, which provides monitoring and treatment for 9/11-related conditions and can certify such illnesses for a VCF claim. 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. Historical unemployment rates were examined and a reduction factor of 6% is applied to presumed earnings and fringe benefits to account for this risk[4]. In many cases, these issues are best addressed in the context of an appeal hearing. The VCF will also use the standard default values if you did not have benefits or if your benefits were less than the standard default values. For more information on the WTC Health Program List of Covered Conditions and 9/11 Victim Compensation, please contact Pitta & Baione at 844-982-2667 or info@pittabaione.com. 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). Records of state and federal agency proceedings or private insurance records that address your medical condition. Such payments will be assumed to continue and will be offset unless evidence is submitted that the benefits or payments in fact terminated. Mental Health Conditions. That tragic day nearly 3,000 people perished as the planes crashed, and WTC buildings collapsed. 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. 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. 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. Presumptive defined benefit pension values assume a five-year vesting requirement, normal retirement age of 65, and a benefit factor of 1% of average salary for the final five years of employment. 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. Payments made by the various State Victim of Crime Boards funded with federal funds. 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. As an example, in the case of Social Security childrens benefits, the Special Master will determine the monthly benefit to the child, multiply that benefit by the number of months remaining until the child reaches age 18 (taking into account possible limits such as maximum family benefits available), include if consistent with Social Security guidelines a factor for inflation, and then discount the total to present value to determine the amount of the offset. 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. 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). The VCF award will include the value of lost employment-related benefits. Moreover, the VCF will not disregard a determination that attributed your disability to an ineligible condition, even if it was later changed. You are not required to amend your claim if you decide you no longer want to seek reimbursement for medical expenses. 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. . 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. After extensive fact finding, public outreach, and review of public comments in the original VCF, the Special Master and the Department of Justice concluded that the most rational and just way to approach the difficult task of placing a dollar amount on the pain and emotional suffering experienced by the thousands of individuals killed or injured by the September 11th attacks was to assess the non-economic losses for categories of victims. 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. The VCF does not premise their award amounts solely on financial losses. Please read this letter carefully. Please note: For deceased victims, the VCF will submit Personal Representatives Letters of Administration to both NYCERS and NYSLRS along with the completed Exhibit B1 form you provided with the claim. Age, start of loss and compensable income: Establish the victims age and compensable income at death or at the time the victim was determined to be unable to work by a governmental entity, or had to reduce work, and suffered a loss of income as a result of eligible conditions. Employer-provided benefits: Add the value of employer-provided benefits (or other benefits received through employment, such as from a union or government pension program). . The VCF cannot award lost earnings for a disability that is not clearly related to an eligible condition. 8. These are generally accepted tables of work-life expectancy regarding the general population. The VCF will evaluate these types of payments on a case-by-case basis. If you are filing a deceased claim (i.e. If you are receiving a lump sum pension, the amount of the lump sum pension. An experienced 9/11 attorney at Pitta & Baione can help you with the VCF award process and answer any questions you have about your rights. If you believe you meet this threshold, you should request special circumstances consideration on appeal after your initial award has been determined. If you have already filed your claim requesting economic loss, but you have a disability application pending or you are qualified to apply for disability, you should notify the VCF immediately that there is a pending disability application or that you intend to apply. Mesothelioma. In some cases, the VCF will apply a computation of future residual earnings for individuals who are disabled from a specific job but who are otherwise able to perform a different occupation. 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). [4] Application of individualized unemployment rates by age or occupation was infeasible and determined to be unnecessary.
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