Update on VCF Reauthorization
Today, the September 11th Victim Compensation Fund published in the Federal Register the new updated regulations for the VCF as required by the recent reauthorization.
I am forwarding to you today’s press release from the Department of Justice as well as Special Master Birnbaum’s message on the new regulations.
Today’s announcement is another milestone that Special Master Birnbaum and her staff have made possible due to their hard work as they fully implement the reauthorization of the James Zadroga 9/11 Health and Compensation Act.
Below is today’s press release from the Department Justice:
9-11 VICTIM COMPENSATION FUND PAYS OVER $1.52 BILLION TO CLAIMANTS AND ANNOUNCES UPDATED REGULATIONS AND CLAIM FORM
WASHINGTON — The Department of Justice announced today that since it reopened in 2011, the September 11th Victim Compensation Fund (VCF) has paid over $1.52 billion to first responders, recovery workers, and residents who suffered physical harm or were killed as a result of the terrorist-related aircraft crashes of Sept. 11, 2001 or the debris removal efforts that took place in the immediate aftermath of those crashes. The VCF is now ready to enter its next phase and today posted for public comment updated regulations that will govern the program for the next several years.
The $1.52 billion includes all payments made to date – either partial or in full – on Group A claims, defined as claims for which a loss determination was issued on or before Dec. 17, 2015. Since reauthorization of the VCF in December 2015, the Special Master has authorized the final payment on 8,930 Group A claims. This means that the VCF has less than 200 Group A claims left to be authorized for full payment. All of the remaining claims have issues preventing payment; however, the VCF is working with claimants and their representatives to resolve the open issues as quickly as possible. The Special Master will authorize payment on remaining Group A claims by the end of the month.
In addition to the priority placed on paying Group A claims as quickly as possible, the Special Master has also issued updated regulations as an Interim Final Rule, with a 30-day post-publication comment period, as well as created an updated claim form.
“It has taken a tremendous amount of work to update the regulations to reflect the reauthorization law and to redesign the claim form to make it easier to use, while at the same time continuing to implement the other changes required by the reauthorization,” said VCF Special Master Sheila Birnbaum. “I encourage claimants to review the new sample claim form and begin gathering the relevant information and documents so they are prepared to submit their claim when the form becomes available online and in hard copy at the end of July. I realize no amount of money can alleviate the losses suffered on Sept. 11, 2001, but the 9-11 community is one of great resilience, and the men and women who are working so hard to process VCF claims are proud and privileged to work with all of you.”
The Interim Final Rule is effective as of today and has been posted on the VCF website for public inspection and review. The rule has also been formally published in the Federal Register and the 30-day comment period has begun. Information on how to submit comments can be found in the document. By publishing the regulations as an Interim Final Rule, the VCF can begin issuing Group B compensation decisions as soon as Group B funding becomes available, while still allowing Special Master Birnbaum to carefully consider any comments received post-publication and make any necessary changes before issuing a Final Rule.
Additionally, the updated claim form has been finalized. A sample version of the revised form can be found on the VCF website. The sample form cannot be submitted as a claim at this time, but provides claimants with a guide to understand the type of information and documents that will be needed once the VCF begins accepting new claims. For more information about the timing for submitting new claims, please see the Special Master’s May 24 message.
The VCF continues to review Group B claims and contact claimants to request missing information when needed. The VCF has rendered more than 2,500 eligibility decisions since the beginning of January and completed loss calculations for more than 1,000 claims. The VCF continues to send “Group B Complete” letters to claimants to inform them that their claim has been reviewed and any eligible loss has been calculated. The Special Master expects to begin issuing the first Group B loss determinations at the end of June, with the expectation that the first full payments will be authorized in mid-August. This is contingent on finalizing the accounting for Group A payments and the subsequent availability of Group B funding.
Claimants are encouraged to call the VCF Helpline at 1-855-885-1555 with any questions they may have. For the hearing impaired, please call 1-855-885-1558 (TDD). If you are calling from outside the United States, please call 1-202-514-1100.
Below is a copy of the Special Masters Message.
You can view her message on the VCF website here.
Message from Special Master Sheila Birnbaum – Update on VCF Reauthorization
June 15, 2016
Dear Friends,
Since the reauthorization of the VCF in December 2015, I have been updating you on our progress and the various steps we have been taking to implement the changes required by the reauthorized statute. In several of those messages, I referred to the statutory deadline of June 15, 2016 for updating our regulations and issuing an Interim Final Rule. After working on the updated regulations for several months, and coordinating closely with the Government entities who participate in the rulemaking process, I am happy to report that the Interim Final Rule is effective as of today and has been posted on our website for public inspection and review. The rule has also been formally published in the Federal Register and the 30-day comment period has begun. Information on how to submit comments can be found in the document. By publishing the regulations as an Interim Final Rule, we can begin issuing Group B compensation decisions as soon as Group B funding becomes available, while still allowing me to carefully consider any comments received post-publication and make any necessary changes before issuing a Final Rule.
My recent messages have also included references to our work developing an updated claim form. I am very pleased to report that earlier this week, we received final approval of the form from the Office of Management and Budget (“OMB”). A sample version of the revised form was posted to our website today. The sample form cannot be submitted as a claim, but provides you with a guide you can use to understand the type of information and documents that will be needed once we begin accepting new claims. I encourage you to review the form and begin gathering the relevant information and documents so you are prepared to submit your claim when the form becomes available online and in hard copy at the end of July. For more information about the timing for submitting new claims, please see my May 24 message.
Finally, you may have noticed some changes to our website when you visited it today. This is the first in a series of updates focused on two main goals: (1) making sure the content reflects the reauthorization and the changes associated with Group B claims; and (2) simplifying the “look and feel” of the site so it is easier to navigate and find specific information. We are continuing to review all of our Frequently Asked Questions (“FAQs”) and other website materials and will be posting several sets of updates between now and the end of July when the new claim forms are released.
It has taken a tremendous amount of work to update the regulations to reflect the reauthorization law and to redesign the claim form, while at the same time continuing to implement the other changes required by the reauthorization. Below is an update on the other key activities our team has been focused on since the reauthorization.
Group A Payments
- As of the end of the day on June 12, we have authorized the final payment on 8,930 Group A claims. This means we have less than 200 Group A claims left to be authorized for full payment. All of the remaining claims have issues preventing payment and we are working with claimants and their representatives to resolve the open issues as quickly as possible. If you have not yet received your payment and we have not contacted you or your representative about any issues preventing payment, please be patient as the Department of Justice and Treasury Department do their part to issue the payment to the designated bank account, which can take several weeks once the payment has been authorized.
- Because all Group A payments must be authorized before we can use the existing funds to pay Group B claims, it is very important that we complete VCF activity on the Group A payments within our original timeline. As I reported in my May 24 message, if at the end of June we still have claims with unresolved issues that prevent us from making the actual payment, we will authorize the payment amount on the claim and the DOJ accounting office will place the funds into an account from which the future payment can be made. We have set June 24 as the date this accounting activity will take place. This allows us to authorize all Group A payments and reconcile the accounting of Group A funding, and confirm the availability of Group B funds in time to begin issuing Group B decisions at the end of June. If your claim has an issue preventing payment that has not been resolved by June 24, we will continue to work closely with you until the actual payment is made. However, there may be a slight delay in processing the payment as we need to confirm the final Group A accounting with the DOJ budget office before they can process the payments on these claims.
Group B Claims
- We continue to review claims and contact claimants to request missing information, when needed. We have rendered over 2,500 Eligibility decisions since the beginning of January and have completed loss calculations for over 1,000 claims. We continue to send “Group B Complete” letters to claimants to inform them their claim has been reviewed and a determination has been made for any eligible loss. As noted in my May 24 message, we expect to begin issuing the first Group B loss determinations at the end of June, with the expectation that the first payments will be authorized in mid-August. This is earlier than our original timeline that showed beginning the payments in September. Again, this is contingent on finalizing the accounting for Group A payments and the subsequent availability of Group B funding.
- Our overall goal is to complete the review of the majority of Group B claims and amendments submitted prior to January 29, 2016 (the date the forms were removed from the online system) prior to the release of the new claim form at the end of July.
It is personally very rewarding to be able to report that all but a few Group A claimants have been paid in full, which I hope brings some measure of comfort to the victims and their families. As I have said in previous messages, I realize no amount of money can alleviate the losses suffered on September 11, 2001, but the 9/11 community is one of great resilience, and the men and women who are working so hard to process VCF claims are proud and privileged to work with all of you.
VCF Leadership Announcement
As we reach serval important milestones today, I am also pleased to announce a key change to the VCF staff. Stefanie Langsam, who worked on the first VCF and has been a key member of our leadership team since 2011, has been appointed as a Deputy Special Master. Stefanie will focus on the operational management of the VCF and report directly to me. You can read more about Stefanie and her role on the VCF here.
As always, I encourage you to call the VCF Helpline at 1-855-885-1555 with any questions you may have. For the hearing impaired, please call 1-855-885-1558 (TDD). If you are calling from outside the United States, please call 1-202-514-1100.
Yours,
Sheila
Here is the new published rule: https://www.federalregister.gov/articles/2016/06/15/2016-14259/james-zadroga-911-victim-compensation-fund-reauthorization-act
Here is information on the reauthorization: https://www.vcf.gov/reauthorization.html
Here is a copy of the new form: https://www.vcf.gov/pdf/SampleClaimForm.pdf