To register for the WTCHP and gain eligibility into the 9/11 Victim Compensation Fund, your attorney must be able to deliver proof that you were present in the 9/11 Exposure Zone and provide evidence of your participation in an acceptable activity, at a covered location, during specific periods, that meets the “minimum number of hours” requirements. 

Each eligible group (Survivors and Responders) has specific criteria that must be made apparent in the supporting WTCHP claim documentation. 

The documentation required to prove your presence in the 9/11 Exposure Zone depends on your classification as either a Survivor or Responder and your particular activity or role.

Led by two experienced VCF lawyers with support from a dedicated team of paralegals, Cannata, Hendele & Cannata work expeditiously to collect the necessary proof of presence documentation that 9/11 victims need to qualify for the WTC Health Program and VCF.

Unlike many law firms that only submit proof of presence documents, we personalize each claim to make it compelling which often elevates its importance to the Victim Compensation Fund. 

We take the time to prepare an additional attorney memorandum that summarizes your illness and its impact on your health and your family, as well as a narrative statement from yourself.

This guide discusses the exposure zone boundaries, proof of presence requirements, and next steps to a successful VCF claim.

If you have questions about providing proof of presence, documentation requirements, or filing a claim, we can help.

Call 1-888-982-8428 today or contact us online for a free, no-risk consultation with an experienced VCF lawyer today.

What is the Exposure Zone?

The September 11th Victim Compensation Fund defines the expsoure zone as "the area in Manhattan south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River; and any area related to or along the routes of debris removal, such as barges and Fresh Kills landfill."

It is also important to understand there is a difference between the exposure zone for the WTC Health Program and the Victim Compensation Fund (VCF).

Both program defines the “exposure zone” as slightly different areas, as illustrated on the map below, and will use your presence in their defined zone to determine your eligibility.

Exposure zone boundaries: 9/11 VCF vs WTC Health Program

Both the World Trade Center Health Program and the Victim Compensation Fund require survivors to prove that they were in an “exposure zone” or “disaster area” on 9/11 or during the World Trade Center rescue and clean-up.

Each program’s definition of the eligible geographical area is different. This might lead to uncertainty for survivors who are unsure which of the programs they qualify for, not everyone qualifies for both.

The 9/11 Exposure Zone is an area of Lower Manhattan that extends south from Houston Street and covers a 1.5-mile radius around the Ground Zero attack site. This zone is made up of two overlapping areas that determine which program(s) you may be eligible for.

WTC Health Program “Disaster Zone” Boundaries

Eligibility for the WTCHP starts at Houston Street and extends south covering a 1.5-mile radius around Ground Zero, and includes a part of western Brooklyn, NY, known as the Brooklyn Heights area.

September 11th Victim Compensation Fund “Exposure Zone” Boundaries

VCF Eligibility is defined as “the area in Manhattan south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River.”

The Exposure Zone also includes any area related to or along debris removal routes, including barges, the New York City Medical Examiner’s offices, locations where equipment or trucks were cleaned or serviced, and the Fresh Kills landfill.

Satisfying “proof of presence” requirements for 9/11 responders

Supporting documents that may help satisfy the proof of presence eligibility requirements for Survivors include:

• Employer records (a responder dispatch record from your employer or  union shop steward record that states your activities, location(s), day(s), and hour(s) you performed 9/11-related activities on or after September 11, 2001)
• Police memo book (must include a copy of the cover page that shows the day(s), times, and hour(s) worked at a 9/11-related site)
• Timesheet or overtime report (must show the day, hour(s), and street name(s) of where you worked performing 9/11-related activities)
• Awards or letters (commending your 9/11 activities must include the date(s) and location(s) of work and your duties performed)
• Workers’ Compensation Board letter (must include the date(s) and location(s) of work and the 9/11-related duties that were performed)

If official supporting documentation confirming your proof of presence in the Exposure Zone can’t be located, a submit a letter can be written by a person who can confirm your eligibility details (this is known as a “third-party attestation”), including your 9/11-related activities, location(s), time period(s), and hours worked.

Lastly, if both official supporting documentation and a person to write a third-party attestation can’t be furnished, the Program may accept a personally written a letter (known as a “first-party attestation”) that includes details about what was done to try to get copies of supporting documentation, and why they can’t be included in your application.

Satisfying “proof of presence” requirements for 9/11 survivors

As a 9/11 Survivor, to satisfy the proof of presence requirement for the Victim Compensation Fund, your attorney must provide a copy of written documents (which include your full name and the time period of your activity) that indicate you lived, worked, attended school, daycare, or adult day care in the Exposure Zone between September 11, 2001, and July 31, 2002; or that show you were present in the “dust or dust cloud” on September 11, 2001.

The VCF Program considers the sum of the events in each application and will consider a wide range of documents to support presence in the “NYC Exposure Zone”, one of the 9/11 crash sites, and one of the debris removal routes.

All documents submitted for a claim are subject to review, verification, and authentication procedures are undertaken independently by the Fund.

Supporting documents that may help satisfy the proof of presence eligibility requirements for Survivors include:

• Proof of residency documents (lease, utility bill, rent, or mortgage receipt)
• Employer records (pay stub, official personnel roster, or injury report)
• Letters (from your resident manager, neighbor, employer, daycare center, school, or volunteer organization)
• Medical records (documenting treatment for an injury in the Exposure Zone)
• Student identification card
• School transcript (from the Fall 2001 semester)
• Grant award letter (from the Lower Manhattan Development Corporation WTC Small Firms Attraction and Retention Act program, with a date between 9/1101 and 5/31/03)
• Official government documents* (W-2 forms, signed & dated tax returns, applications, public housing residency, or benefits payment stubs)
• Sworn and notarized affidavits (or unsworn statements complying with 28 U.S.C. 1746) from a person who can testify to your presence at a 9/11 crash site

Note: This supporting document is not independently sufficient but will be reviewed in conjunction with other documentation that demonstrates you were physically at a location in the Exposure Zone during the required timeframe. At least two documents based on employment, residence, medical records, school records, or similar are often required.

If official supporting documentation confirming your proof of presence in the Exposure Zone can’t be located, a letter can be written by a person who can confirm your eligibility details (this is known as a “third-party attestation”), including your 9/11-related activities, location(s), time period(s), and hours worked.

Lastly, if both official supporting documentation and a person to write a third-party attestation can’t be furnished, the Program may accept a personally written a letter (known as a “first-party attestation”) that includes details about what was done to try to get copies of supporting documentation, and why they can’t be included in your application.

Appealing a denied application due to limited proof of presence

If your application has been denied because your proof of presence is not acceptable or does not satisfy the requirements, both the WTC Health Program and the VCF provide the opportunity to submit additional documents and testimony. 

Our 9/11 attorneys can help you understand what’s missing or why your proof of presence may have been denied and will help you prepare any additional documentation the Program needs to make the most compelling argument for your eligibility.

Denials from the Victim Compensation Fund must follow an official appeals process, including the opportunity to schedule an in-person hearing. Our attorneys will help you understand this process and ensure you are prepared.

Discuss your eligibility with our experienced 9/11 Victim Compensation Fund lawyers today

The 9/11 Victim Compensation Fund provides compensation to individuals who have suffered an eligible illness or cancer as a result of the September 11, 2001 terrorist attacks.

In order to qualify for a claim, you must have an eligible illness or cancer, and must meet certain requirements for proof of presence based on your physical presence at a certain location during the required time period.

If you are unsure if you meet the requirements for proof of presence, or if you have any other questions about filing a claim, our 9/11 VCF lawyers can help.

Our law firm has the experience and expertise to help those who qualify for compensation from the 9/11 victim compensation fund.

We will help you gather the proof of presence you need to make your claim, and we will work with you every step of the way to ensure that you receive the benefits you deserve.

If you have any questions or would like to discuss your eligibility for a claim, please contact us today.

Call 1-888-982-8428 today or contact us online to schedule a free consultation.