“We thought it might become an important part to have attorneys who regularly deal with the VCF come to speak to us because now the VCF has essentially turned increasingly to death claims,” said the Trusts, Estates & Surrogate’s Court Committee member James Cahill. “Now 15% of all claims are death claims.”
In a timely informational presentation, the Brooklyn Bar’s estates committee hosted Robert Cannata and Robert Grochow, partners at Cannata, Hendele & Cannata, to illuminate the intersection of estate law and the 9/11 Victim Compensation Fund.
Their message to the estate lawyers in the audience: registering clients as soon as possible for the two federal programs available to 9/11 victims is critical. The entire process of seeking VCF benefits typically takes three years from start to finish, and is not limited to claimants who were in New York City on Sept. 11, 2001, or first responders.
For instance, Cannata and Grochow’s firm has represented a number of both Canadian and Oregonian firefighters who came to New York City after 9/11 to help with the recovery efforts, and a lot of them have since gotten sick. City residents, office workers, students, sanitation workers, and volunteers who were present in the wake of the attacks often qualify.
In a timely informational presentation, the Brooklyn Bar’s estates committee hosted Robert Cannata and Robert Grochow, partners at Cannata, Hendele & Cannata, to illuminate the intersection of estate law and the 9/11 Victim Compensation Fund.
For an estate planning attorney, their job is often to make the connection for clients who are looking to get their affairs in order amidst a serious illness like cancer.
“By asking a couple of key questions and by having a general understanding of the Victims’ Compensation Fund, you might be spotting a claim for that couple that results in not only hundreds of thousands of dollars for that husband while he’s still alive, but also hundreds of thousands of dollars for the wife if he passes away from that cancer,” Cannata said. “Having an understanding of the VCF can allow you to provide a tremendous service to those clients.”
The James Zadroga 9/11 Health and Compensation Act, which was enacted in 2011, created to separate federal programs with different purposes and eligibility rules.
One, known as the World Trade Center Health program, which is operated by the U.S. Center for Disease Control, is focused on providing medical monitoring and treatment. The other, the September 11th Victim Compensation Fund, run by the U.S. Department of Justice, is aimed at financial compensation for health conditions, wrongful death and economic loss that was caused as a result of the long-term impacts of 9/11.
A prerequisite to filing a full application with the VCF is that the person, if alive, must first go through the World Trade Center Health Program. If the person is dead, then their relatives must file a deceased claim with the VCF.
Grochow explained that registering with the VCF is an important first step for estate planners to encourage their clients to do if they think they might be eligible for a claim. It’s not the same thing as formally applying but it’s a quick step that preserves the right to file down the line once an attorney takes time to collect medical, residency or work records and establish their case. Registration takes minutes and should be done immediately—even before a personal representative is formally appointed, Grochow said.
One big misconception that clients may have is that if they were only recently diagnosed with an illness such as cancer, asthma, or COPD, it could have been caused during exposure to the area in the months after the attacks.
The VCF is fully funded and open to file or amend claims through the year 2090, including on behalf of loved ones who died years ago.
“A lot of people will come to us. They say, I was not there on September 11th. Am I eligible? The answer is yes,” Cannata said.