$27 Million in Possible Cuts to Zadroga Act Funds Due to Inaction in Congress

If Congressional leaders in Washington, D.C. don't resolve their budget differences by this Friday, the first responders, survivors, construction workers, municipal workers and volunteers covered by the 9/11 Zadroga Act could lose $27 million.

The original funding for the Zadroga 9/11 Act, including the World Trade Center Health Program and the 9/11 Victim Compensation Fund is already woefully inadequate without the additional insult of the sequestration cuts.  The sad part is that this was completely predictable - and avoidable -  if Congress would simply do their jobs. 

Let's hope that all the partisan gamesmanship on both sides of the aisle in Washington is put aside by Friday so that the heroes and survivors of 9/11 are not harmed once again.  

Zadroga 9/11 Victim Compensation Fund Makes First Payments!

Ground Zero Cleanup Workers.jpgAccording to an article in the Wall Street Journal today, the Zadroga Act 9/11 Victim Compensation Fund has begun making its first financial awards.  The first fifteen first responders, with primarily respiratory conditions, were granted total amounts ranging from $10,000 to $1.5 million.  However, at this time recipients will only be given 10% of their award total because Special Master Sheila Birnbaum does not yet know how many people will eventually apply and how serious their illnesses will be.  None of the awards so far were made for 9/11 related cancers.

This is great news for all 9/11 victims who have been waiting so patiently for the Fund to start granting the financial relief they so desperately need.  We will keep you updated with more Victim Compensation Fund information as it becomes available.  Please call if you have any questions regarding your eligibility for the 9/11 Victim Compensation Fund.    

Change in Brooklyn Zadroga Act 9/11 Victim Compensation Fund Seminar Dates

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Last week we alerted you to an upcoming series of informational seminars to be held in Brooklyn regarding the Zadroga Act 9/11 Victim Compensation Fund.  Since then, an additional seminar has been added and a few original dates have been modified. 

All upcoming Brooklyn 9/11 Victim Compensation Fund seminars are being held on Tuesdays between 4:30 - 5:00pm.  The new correct dates are December 11th and 18th 2012  and January 15th and 22nd 2013. We apologize for any confusion.

All seminars are sponsored by The World Trade Center Health Program’s Long Island Clinical Center of Excellence and will be held at their Brooklyn location at 760 Parkside Avenue (2nd Floor),  Brooklyn, NY 11226.  See MapQuest here .

Pre-Registration is Required. Space is limited.

To register, please call Migdalia Alonso at Turley. Hansen & Partners  toll free at 1-877-693-2529 x112.  We hope to see you there!

Free 9/11 Zadroga Act Victim Compensation Fund Information Seminars in Brooklyn

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Free 9/11 Victim Compensation Fund Assistance Available

The World Trade Center Health Program’s Long Island Clinical Center of Excellence will be sponsoring a series of free informational clinics in December 2012 and January 2013 for individuals seeking help in filing claims under the Zadroga Act 9/11 Victim Compensation Fund.

These compensation benefits are in addition to any medical benefits you will receive under the WTC Health Program.  The clinics will be conducted by experienced VCF attorneys who will explain the program, who is eligible, which medical conditions are covered (including cancer) and how financial awards are determined. 

All clinics will be held at our new Brooklyn location: 760 Parkside Avenue (2nd Floor),  Brooklyn, NY 11226.  See MapQuest here

Dates:

12/14/12, 4:30 – 5:30pm                                                                               

12/18/12, 4:30 – 5:30pm

1/15/13, 4:30 – 5:30pm 

Where:

WTC Health Program – Brooklyn Clinic

760 Parkside Avenue (2nd Floor)

Brooklyn, NY 11226

See MapQuest here           

Pre-Registration Required. Space is limited.

To register, please call Migdalia Alonso at Turley. Hansen & Partners  toll free at 1-877-693-2529 x112.  We look forward to seeing you there!

Zadroga 9/11 Act Cancer Certification Process Begins with WTC Health Program

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Current members of the World Trade Center Health Program  should have recently received a letter asking them to contact their Health Program Case Manager or their Clinical Center of Excellence (CCE) to begin the process of certifying their cancer(s) for treatment under the WTC Health Program. 

See an example of the WTC Health Program Long Island Clinical Center of Excellence at Stony Brook Cancer Certification 10/29/2012 letter here.  An example of the more generic, but essentially the same, cancer certification letter sent to those residing outside New York by the national program can be found here.  Also attached is a helpful list of WTC Cancer Certification Frequently Asked Questions (FAQ's). 

The message from the WTC Health Program is clear:  If you were a 9/11 first responder, worker or resident in the "crash site" area" and have any of the cancers now covered under the Zadroga Act, you should contact either your local Clinical Center of Excellence or the National Program now to begin the process of certifying your particular cancer for free treatment under the Zadroga 9/11 Act.  

If you are part of (or would like to be part of) the Long Island WTC Health program, you should call 631-855-1200 and ask about the expanded cancer certification process.  If you live out of state, you should contact the national NIOSH WTC Health Program at 1-888-982-4748.

We will continue to update you on all 9/11 related cancer certification news as it becomes available.  More WTC 9/11 Cancer resource information can be found here.

 

 

Zadroga 9/11 Act Lawyer Troy Rosasco Quoted in Long Island Newsday on New Cancer Rule

911-health.jpgCongratulations to Ridgley Ochs, Newsday's Health reporter, for her excellent article profiling 9/11 cancer victims and discussing the inclusion of over 50 cancers as covered conditions under the Zadtoga Act, including the World Trade Center Health program and the 9/11 Victim Compensation Fund.

Our client, Joe Vuoso, a court officer in lower Manhattan on 9/11, was profiled in the article:

For Joseph Vuoso, 68, of Mount Sinai, the ruling means he will be able to worry less about money and more about keeping himself alive. A court security officer at the Foley Square courthouse in 2011, Vuoso watched the towers fall and stayed at his post the rest of that week. The next year he was diagnosed with leukemia that has since become an aggressive lymphoma.

"We have heavy medical bills," he said. "I'm on seven different drugs and the co-pays are astronomical . . . I'm fighting to keep me here right now."

His attorney, Troy Rosasco of Ronkonkoma, who represents about 500 first responders, called having cancer covered "a godsend." But he, like others, said he is worried there won't be enough money.

"It sounds like a lot, but when you start calculating people with cancer who are now out of their careers, their lost wage claims can add up to millions," he said.

The cancers covered by the new Zadroga 9/11 Act rule  include:

1) Malignant neoplasms of the lip, tongue, salivary

gland, floor of mouth, gum and other mouth, tonsil,

oropharynx, hypopharynx, and other oral cavity and

pharynx

2) Malignant neoplasm of the nasopharynx

3) Malignant neoplasms of the nose, nasal cavity,

middle ear, and accessory sinuses

 4) Malignant neoplasm of the larynx

 5) Malignant neoplasm of the esophagus

 6) Malignant neoplasm of the stomach

 7) Malignant neoplasm of the colon and rectum

 8) Malignant neoplasm of the liver and intrahepatic

bile duct

 9) Malignant neoplasms of the retroperitoneum and

peritoneum, omentum, and mesentery

 10) Malignant neoplasms of the trachea; bronchus and

lung; heart, mediastinum and pleura; and other ldefined

sites in the respiratory system and

intrathoracic organs

 11) Mesothelioma

 12) Malignant neoplasms of the soft tissues (sarcomas)

 13) Malignant neoplasms of the skin (melanoma and nonmelanoma),

including scrotal cancer

 14) Malignant neoplasm of the breast

 15) Malignant neoplasm of the ovary

 16) Malignant neoplasm of the urinary bladder

 17) Malignant neoplasm of the kidney

 18) Malignant neoplasms of renal pelvis, ureter and

other urinary organs

 19) Malignant neoplasms of the eye and orbit

 20)  Malignant neoplasm of the thyroid

 21) Malignant neoplasms of the blood and lymphoid

tissues (including, but not limited to, lymphoma,

leukemia, and myeloma)

 22) Childhood cancers

 

Remembering... 9/11/2001 - 9/11/2012

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9/11 Zadroga Cancer Coverage Finally Official

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One the eve of the 11th anniversary of the World Trade Center attacks, the federal government has issued a final rule including nearly 50 cancers as covered conditions under the James Zadroga Health and Compensation Act of 2010.  The rule will become law 30 days after it is published in the Federal Register on 9/12/2012.

It could not come too soon for the many 9/11 first responders, construction workers and area residents who are living with cancer today as a result of the toxic exposures at Ground Zero.  Unfortunately, it is too late for those who have already died from to 9/11 related cancers.

Turley Hansen 9/11 Victim Compensation Fund client Joseph Vuoso was profiled in Newsday today in relation to the welcome news of the final cancer coverage ruling.   In addition, our Zadroga Act client James Bruisma, a former NYPD Detective with lymphoma, was interviewed on FIOS 1 today. 

Today's Zadroga Act cancer victory was the result of the hard work of many within the 9/11 community, including Congressional leaders, the Fealgood Foundation and dedicated 9/11 Zadroga Act attorneys who testified and lobbied for cancer inclusionOur next goal must be to make sure all those who are in dire need of medical care and compensation receive their benefits swiftly. 

Zadroga Act Cancer Ruling Puts 9/11 Victim Compensation Fund Payments on Hold

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According to a report in the Downtown Express on 8/15/2012, 9/11 Victim Compensation Fund Special Master Sheila Birnbaum has suspended all financial awards from the Fund  until Dr. John Howard and the National Institute for Occupational Safety and Health (NIOSH) finalize the recent proposed rule adding close to 50 different cancers to the list of medical conditions covered under the Zadroga Act

This means that those who have been found eligible for the Fund, but have only covered respiratory or digestive conditions, will have to wait longer for any award if their application was already submitted. 

The Special Master was quoted in the Downtown Express as follows:

“Our timetable has been put off — we’re waiting to see what the final rule is going to be on cancer,”said Birnbaum. “As soon as we find that out, I think we’re going to be in a position to start trying to make some payments, because then we’ll know what the estimates will be.”

However, Birnbaum stressed that her hands are tied with respect to the total sum available to claimants. “We only have the amount of money Congress provided to us,” she said. “The only way there’d be a change, I assume, would be a legislative change.”

Bottom Line - currently, the 9/11 Victim Compensation Fund (VCF) only has $2.775 billion dollars to split between all eligible victims.  Until the various cancers were recently proposed to be included in the list of covered conditions, the Fund (given its limited pot of money) could potentially have made larger awards to victims with solely respiratory or digestive conditions. 

However, if up to 50 cancers are added to the list of eligible conditions, it is likely that awards to the cancer victims will take up a large part of the overall Zadroga pie, making awards to non-cancer conditions potentially smaller.   

Of course, all of this depends on various contingencies including the number of overall applicants, the extent of their ilnesses and perhaps most importantly, whether Congress authorizes additional money toward the Fund.

Ms. Birnbaum correctly suspended awards from the Fund temporarily until the addition of any cancers is finalized.  If awards need to be proportionately reduced due to the limited Zadroga pot of money, she needs to first be certain whether the proposed cancers are eventually covered under the law.  This process could take take several months.

The good news is that the Fund and our law firm are as busy as ever processing applications for our clients.  The only thing that is on hold is the final award monetary determination.  "Eligibility Applications" and determinations are being processed daily. New rules regarding the evidence necessary to establish "proof of presence" at the "crash site" just came out earlier this week making it easier for certain workers to prove eligibility.  The hard work continues! 

 

Lukaszewski Wins 9/11 WTC New York City Disability Pension Groundbreaking Case

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Chet Lukaszewski, a key strategic partner at Turley, Hansen & Partners, recently won another groundbreaking 9/11 WTC pension case - Matter of Dement v Kelly_ NYC Pension Fund.pdf.  This follows his big legal victory in a pension last year for a FDNY firefighter's widowGiven this string of legal victories, it can be said with some authority that Mr. Lukaszewski is perhaps the best municipal disability pension lawyer in New York.

The most recent case involved NYPD Lt. William Dement. After 9/11, Lt. Dement worked both at Ground Zero and the Fresh Kills landfill for months on end where he was exposed to the well known toxins.   Lt. Dement subsequently developed a multitude of breathing problems, including sleep apnea (all his medical conditions are currently covered under the new James Zadroga 9/11 Health and Compensation Act, including sleep apnea). He applied for a World Trade Center disability pension based upon all his breathing conditions.

Shockingly, the NYPD Pension Fund denied his disability pension saying that the sole cause of his disability was sleep apnea and that there was no evidence that this condition was 9/11 related! (I guess the Pension Fund and it's NYC lawyers did not talk to the medical doctors and scientists from the federal government who readily admit that sleep apnea can result from 9/11 conditions caused by toxic exposure).

In a sweeping unanimous ruling, the New York State Appellate Division for the First Department reversed the NYPD Pension Board stating that the Fund had unlawfully denied Lt. Dement's WTC disability pension. The Court ordered New York City to pay Lt. Dement the pension. 

Thank goodness municipal employees have zealous attorneys like Chet Lukaszewski righting the wrongs of the NYC Disability Pension system.  That's why Turley, Redmond Rosasco & Rosasco, LLP  sends all its NYC disability pension clients to Chet.

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Turley Hansen and Partners, LLP, is pleased to offer Zadroga Claims Info as a public resource for information on the compensation and health benefits available under the James Zadroga 9/11 Health and Compensation Act of 2010. Authored by a team of experienced attorneys...

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