BENEFITS, ASSISTANCE AND COMPENSATION:
WHERE TO GET
HELP
- A Booklet for Victims of the September 11 Disaster and
Their Families
prepared by the New York State Trial Lawyers
Association
(revised March 5, 2002)
CONTENTS
Federal Compensation
Program
Crisis Assistance (Crime
Victims Board, FEMA, Red Cross)
For Family Members Who Have
Lost a Loved One
Obtaining a Death
Certificate
Workers Compensation
Benefits for Dependents of a Deceased
Worker
Social Security Survivor
Benefits
Life Insurance
Benefits
Probate and
Property
For Persons Injured
or Unemployed as a Result of the
Disaster
Unemployment Benefits
Workers' Compensation
Benefits for Injuries and
Illnesses
Social Security Disability
Benefits
Other Insurance
Claims
Other
Benefits
Taxes and Tax Filing
Deadlines
Consumer Rights:
Disaster-related Services From
Businesses
Pro Bono Legal
Assistance
FEDERAL COMPENSATION PROGRAM (ALTERNATIVE TO CIVIL ACTIONS)
The federal government will provide compensation to certain victims of the September 11th disaster under the new "September 11th Victim Compensation Fund" (H.R.2926), if the person applying for such compensation is willing to give up the option of bringing a civil action in court (filing a lawsuit).
This program does not provide compensation to people who suffered no physical harm or to businesses. Section 405(c) of the statute states that a person can apply to the federal compensation program for benefits only if the person:
You do not have to prove that the injury was caused by the negligence or fault of the air carrier, building manager or any person, corporation, or agency (§ 405[b][2]), as would generally be required in court.
You can only file one claim (§ 405[c][3][A]), so it is essential to take care that the claim is complete.
If you file a claim under this statutory program, you are barred from bringing any civil ("tort") action for damages related to the September 11th disaster (§ 405[c][3][B]), except claims against the criminal terrorists." (You are not barred from bringing a civil action to obtain your benefits from life insurance or other "collateral sources.") Note that this same statute restricts the liability of air carriers in lawsuits arising from the September 11th disaster to an amount not greater than the limits of air carrier's liability coverage. Civil actions, or "tort" claims, for damages can only be brought in the U.S. District Court for the Southern District of New York. Such cases would be governed by the law of the State in which the crash occurred unless that law is inconsistent with or preempted by federal law (§ 408[b]).
Qualified persons can file claims under this statutory program with the federal government on special claims forms to be provided. A "Special Master" appointed by U.S. Attorney General will review the claims and determine how much money each family will need.
You must file your claim within two years of the date on which the regulations for this program are adopted by the Attorney General (§ 405[a][3]). Interim regulations were adopted on December 21, 2001 so the deadline for filing a claim is December 21, 2003.
The Special Master must make a determination on your claim within 120 days
after the date on which it was filed, and provide you with written notice of the
decision (§ 405[b][3]). The Special Master must authorize payment of the claim
within 20 days after the determination is made (§ 406[a]). This is
expected to result in a much earlier payment, in most cases, than a claimant
would be likely to achieve by bringing a civil action in court.
The Special Master's determination is final and not subject to judicial review (§ 405[b][e]). In other words, unlike court decisions, the person has no right to appeal, at all, from the Special Master's decision.
If you qualify, you can obtain compensation under this statutory program for losses related to past and future earnings or employment benefits, medical expenses, burial costs, lost services, and loss of business or employment opportunities to the extent allowed under applicable State law. You also can obtain compensation for physical and emotional pain and suffering, inconvenience, physical impairment or disfigurement, mental anguish, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than domestic service), hedonic damages and other losses. (§§ 402[5] and [7])
Note: The amount of these payments will be offset (reduced) by the amount of compensation the claimant has received or is entitled to receive from "collateral sources." The statute defines "collateral sources" as "all collateral sources, including life insurance, pension funds, death benefit programs and payments by Federal, State or local governments related to the terrorist-related aircraft crashes of September 11, 2001" (§§ 405[4] and 405[b][6]).
Because the determination of compensation is not based on any considerations of fault, no punitive damages are allowed (§ 405[b][5]).
Remember: Victims or family members who participate in the Federal September 11th Victim Compensation Fund have no right of appeal if they disagree with the decision of the Special Master, and must waive their right to sue any party other than the criminal terrorists..
The New York State Trial Lawyers Association (NYSTLA) and the Association of Trial Lawyers of America (ATLA) are co-coordinating a special program to provide pro bono legal assistance to victims of the September 11 attack in filing these claims. For more information on this program, including how you can obtain free legal services, call 888-780-8637 or En Espanol 888-780-8682, or visit www.911LawHelp.org. For more information on how to volunteer your legal or paralegal services, call Martin Brennan or Mollie Maxwell at NYSTLA, 212-349-9205, or visit NYSTLA's website at http://www.nystla.org/ .
Emergency Food stamps. Call the City Human Resources Administration at 1-877-472-8411 from 8 AM to 5 PM Monday through Friday (automated information system also available 24 hours/day), or visit a City Human Resources Administration office to apply for emergency food stamps. For City food stamp households that are experiencing an increase in household size due to the disaster, the City can allow an additional benefit amount of $102 per member for each additional household member. Families having an emergency need for food due to power failure, lack of access to a household or other hardships also can apply for food stamps at the New York City Family Assistance Center at 180 Water Street.
Crime Victim and Disaster Benefits. Call the New York State Crime Victims Board at 1-800-247-8035 (or TTY 1-888-289-9747) or go to http://www.cvb.state.ny.us/WorldTradeCenter.htm for information on obtaining emergency payments (which also includes any benefits available under the federal Victims of Crime Act) to assist with the following:
Note: Life insurance is not counted by the Crime Victims Board as a "collateral source" and will not be used to reduce any benefits paid by the Crime Victims Board.
While the Crime Victims Board, in the past, has allowed a family member of a deceased person to apply for benefits only if that family member was dependent on the deceased person for 75 percent of his or her support, the Governor's Executive Order No. 113.30 (issued October 10, 2001) has reduced that requirement to 50 percent.
For further assistance not covered by the Crime Victims Board, call the Federal Emergency Management Agency ("FEMA") at 1-800-462-9029 (or TTY 1-800-462-7585), from 8 AM to 8 PM, seven days a week (or go to http://www.fema.gov/ ), to apply for emergency grants to help cover disaster-related expenses and serious needs for:
Have your Social Security number, address, phone number, family gross income, insurance information, description of your losses, and physical and mailing address of the damaged property. The telephone interview will take 20-30 minutes. This program is being carried out in coordination with the State Department of Labor.
You can also call FEMA to find out if you are eligible for:
Red Cross Emergency Assistance Grants. Call the American Red Cross at 212-219-6200 in Manhattan or 877-746-4987 (or TTY 1-800-662-1220), for tax-free emergency assistance grants to families of victims who have short-term financial needs or time-sensitive and uncovered expenses.
Anyone needing assistance related to the September 11th attack should visit the Red Cross representatives table at the New York City Family Assistance Center, which recently relocated to 51 Chambers Street and is open from 9:00 A.M. to 5:00 P.M. Families can also obtain assistance form by visiting a Red Cross Service Center (open from 10 AM to 8 PM daily) as soon as possible. They are located at:
Red Cross will determine the amount of payment based on the number of dependents of a victim and the amount the family pays toward a mortgage or rent up to $5,000. It may consider other assistance the family is receiving or is eligible to receive, such as insurance benefits or State or federal benefits.
Payments are intended to cover funeral costs, utility bills and three months of rent or mortgage payments, and can also be used for transportation, food, clothing and other living costs. The Red Cross expects to provide payments promptly and in a lump sum.
To apply for assistance, family members are required to fill out a one-page form available through local Red Cross chapters. Family members can also consult the New York Red Cross website for more information, at http://www.nyredcross.org/or http://www.redcross.org/ .
FOR FAMILY MEMBERS WHO LOST A LOVED ONE
The process of obtaining a death certificate has been streamlined to help families settle estates, obtain access to assets and file insurance claims. (Note: You must first file a formal missing person's report with the New York Policy Department, which can be made by calling their hotline at 646-710-6149.)
Families of deceased victims of the September 11th disaster can now obtain a death certificate through a special program of the NYC Department of Law. A person seeking a death certificate should submit a special affidavit form and materials by mail to: WTC Project, NYC Department of Law, 100 Church Street, New York, NY 10007-2601. For information on obtaining pro bono legal assistance to request a death certificate, call 1-877-HELP-321 or visit the New York State Bar Association website at http://www.nysba.org/ . The forms can be obtained by visiting the New York City website at http://www.nyc.gov/.
Generally, the person applying must be next of kin - spouse (or domestic partner who has registered with the City), parent, child, or brother or sister. Generally, the person seeking the certificate must bring identification for him or herself (a driver's license or other picture identification) and Social Security number; proof of relationship to the deceased (such as a marriage license or birth certificate), and verification that the person worked at the World Trade Center, such as a pay stub. The next of kin will be asked a variety of questions about the deceased person. Among other matters, these questions will include the name of the person's father and maiden name of the person's mother, the highest grade of education completed, and the person's date and place of birth.
The Medical Examiner will make the request to court for the declaration that the person is deceased. The Bureau of Vital Records will register the death certificate and send 10 certified copies to the survivor. Court filing fees and also the fees for the 10 certified copies will be waived. It is expected that certificates will be available within a day or two after the application is made.
Call the NYC Family Assistance Center (located at 51 Chambers St. in Manhattan) at 212-350-4000 for more information. Note: You must make an appointment to be seen at the center.
WORKERS' COMPENSATION BENEFITS FOR DEPENDENTS OF A DECEASED WORKER
Many people do not realize that Workers' Compensation provides benefits to the bereaved family of a covered worker.
The Governor's Executive Order No. 113.35 temporarily suspended the 30-day deadline for giving notice of the employee's death or injury to the employer, a requirement of the Workers' Compensation Law, Section 18. Normally, a family must give notice of the employee's death or injury to the employer within 30 days of the incident or risk losing all benefits under Workers' Compensation. This deadline was suspended by Executive Order 113.35, which was issued on October 11, 2001, "until further notice," and that order was continued through March 8, 2002 by Executive Order No. 113.48, issued on February 6, 2002.
Notice should be given in writing but also can be given orally by telephone (or in person). In this case, it would be wise to do both, to ensure that the employer is notified as soon as possible. Send the written letter, signed by the person seeking benefits (or legal representative), by registered mail to the employer. Give the employer the covered worker's name and work address and state that the death occurred at work on September 11, 2001 as a result of the September 11th attack. The New York Committee on Occupational Safety and Health (NYCOSH) recommends that if the employer asks for more information, the caller should say that any questions should be directed to the attorney handling the case, or that an attorney will contact the employer as soon as one has been retained. (For more suggestions and information, go to http://www.nycosh.org/ .) The caller should make a written record of the date and time the employer was called and the name of the person to whom the caller spoke.
ALERT: NYCOSH, as a worker advocacy organization, strongly recommends that families seek legal counsel before filing a claim. It states, "The workers compensation system is full of pitfalls that can adversely affect anyone who attempts to pursue a claim without the assistance of their union or an attorney.... NYCOSH strongly advises anyone who wishes to file a claim not to do so on their own." It notes that many Workers' Compensation attorneys are volunteering to charge no fee for providing representation to the families of workers who were killed in the disaster. Even firms that have not waived their fee cannot collect a fee for a Workers' Compensation case unless the case is successful. (See http://www.nycosh.org/ ) For information on obtaining pro bono (free) legal assistance, call 1-877-HELP-321.
For families affected by the September 11th disaster who are making a claim regarding a deceased person, the Workers' Compensation Board is waiving the requirement of a death certificate, and also has created an affidavit form so that family members will not have to testify at a hearing in order to obtain their benefits. The form is available at Workers' Compensation Board offices, at the Pier 94 Family Assistance Center, and at http://www.wcb.state.ny.us/.
The claim itself must be filed within two years of the incident, but you should file as soon as reasonably possible.
Call the Workers' Compensation Board at 1-800-697-4878 to obtain and fill out a C-62 form. The New York State Workers' Compensation Board is expediting all claims for injuries or death from the World Trade Center disaster, so be sure to write "WTC claim" at the top of the form and state that the death occurred as a result of the disaster, so that your application will be processed under the special streamlined program. Documents to be required may include birth certificate, marriage certificates or other documents. The completed application should be sent to the Worker's Compensation Board, P.O. Box 29017, Brooklyn, NY 11201-9017.
Generally, benefits are calculated at two-thirds of the average weekly wage. The bereaved spouse may receive these benefits until the time of remarriage, if that occurs, at which time a final additional lump sum payment in the amount of two years of such benefits is paid.
A spouse is entitled to collect death benefits until he or she remarries. Children are entitled to death benefits until they are 18 (or 23 if they are full-time students), but if the child is disabled by means of a physical or mental incapability, the benefits are life-long. Note that any dependent parent of the deceased worker also can receive benefits under Workers' Compensation.
The estate of a worker who died with no dependents can receive a $50,000 death benefit under New York law and funeral expenses - but not under New Jersey law.
Workers' Compensation death benefits include not only standard Workers' Compensation payments, but also an allowance for reasonable funeral expenses (up to $6,000 in the five boroughs of New York City and in Nassau, Suffolk and Westchester Counties and up to $5,000 elsewhere -- but not greater than actual funeral expenses).
Note: Some victims of the disaster may be entitled to file their claim in New Jersey, which generally has benefits greater than New York's, except that New Jersey does not grant death benefits to the estate of workers who died without dependents.
For more information about New York State Workers' Compensation, visit their website at http://www.wcb.state.ny.us/ .
Federal employees are covered by the Federal Employees' Compensation Act, and information can be obtained by calling 1-866-999-3322 or 212-337-2037 for forms and filing information and 202-693-0040 for more general information and assistance. The federal program applies to federal employees and also to rescue workers who have been deputized by the Federal Emergency Management Administration ("FEMA"). The federal program does not allow payment of benefits to the estates of deceased employees who have no dependents.Note: Families can also apply to the New York State Crime Victims Board, 1-800-247-8035 (or TTY 1-800-833-6885), for lost income that is not completely covered by Workers' Compensation.
SOCIAL SECURITY SURVIVOR BENEFITS
Call 1-800-772-1213 (or TTY at 1-800-545-7316) to apply for Social Security Survivor Benefits. State that you are a September 11th disaster survivor and ask to be transferred to the Immediate Claims Taking "(ICT") unit, because such applications are being expedited.
You can apply in person or over the phone. Reportedly, if you bring all
of the required information in person to the Social Security office, the agency
may be able to make a decision immediately, and an electronic transfer of funds
can be done within a week. You will need to provide the following
information:
- the name of your bank and your account
number for direct deposit, if you wish to receive your payment
that
way (A money wire transfer may be done
within a week, while a paper check can take a few weeks or
more);
- the Social Security number for the deceased person,
for yourself, and for any dependent children or
dependent
parents;
- your birth
certificate;
- your marriage certificate if you are the spouse,
and your divorce papers if you are applying as a divorced
spouse;
- the deceased person's most recent w-2 form or federal
self-employment tax return;
- the death certificate for the
deceased person or alternative proof of the loss.
That alternative proof of loss may include a newspaper account of the flight
manifest if the deceased person was on one of the four airplanes or your
statement of loss if the deceased person was in or near the World Trade Center
or Pentagon. Consult with the Social Security Administration regarding the
documentation that you can produce.
Survivor benefits will be available for the month of September. These payments will be made in October. These benefits exist only if the decedent earned enough credits while he or she was working.
Usually, the family member of the deceased person applying for Survivor Benefits must be a spouse or a child of the deceased person. Exceptions: A parent of a deceased person is eligible for Survivor Benefits if that parent was dependent on the deceased person for at least half of his or her support. Also, a divorced prior spouse may be eligible for benefits depending his or her age and the length of the marriage.
To be eligible, the spouse must be: (1) at least 60 years old; (2) at least 50 years old and disabled; or (3) any age if he or she is caring for a child under age 16 or a disabled child receiving Social Security benefits. A child, to be eligible, must be: (1) under age 18; (2) under age 19 if a full time student in elementary or secondary school; or (3) age 18 or older and severely disabled by a disability that started before age 22.
For more information, go to http://www.ssa.gov/ or your local Social Security office. In Manhattan, the Social Security office is located at 26 Federal Plaza (on Broadway between Duane and Worth Streets; enter on Duane Street), 31st floor, Rm 120, and is open from 9 AM to 4 PM Monday through Friday. For information on obtaining pro bono (free) legal assistance, call 1-877-HELP-321.
Contact the life insurance company. Some insurance companies have set up catastrophe centers or have instituted emergency measures to streamline the processing of claims arising out of the disaster. To obtain information on this, go to http://www.ins.state.ny.us/wtccats.htm. For special assistance, call the Insurance Emergency Operation Center's toll-free hotline, 1-800-339-1759, which is available from 8 AM to 8 PM, seven days a week.
If you cannot find the deceased person's life insurance policy document, the New York State Bar Association recommends that you check the deceased person's safe-deposit box (if any), look at checking account records for premium payment checks written by the deceased, and ask other relatives or close friends if the deceased person ever mentioned the name of the life insurance company. If you know the deceased person's insurance broker or insurance company for auto, fire or homeowner's insurance, find out from that broker or company if the deceased person also purchased life insurance from that broker or company. See http://www.nysba.org/.
Be sure to contact the deceased person's employer to learn if the company provided any life insurance benefits. Also, contact the Veterans' Administration if you believe that your deceased family member had life insurance through the VA but you cannot find the records. Finally, if your loved one was a passenger on one of the flights and purchased the ticket by credit card, check the benefits provisions of that credit card agreement to determine whether any insurance provisions apply.
The Insurance Department has declared that all insurers licensed in New York
must accept affidavits from the families of those missing from the disaster as
proof of death when a death certificate is not readily available (Circular
Letter No. 28, September 24, 2001). A standard affidavit is available on the
Department's website at
www.ins.state.ny.us.
The American Council of Life Insurers's spokesperson has noted that few policies contain any "act of war" or "terrorist attack" exclusion, and also has stated that this incident was not an act of war (which is defined as "hostilities between sovereign nations"). (See statement of Jack Dolan, spokesman for American Council of Life Insurers, "Insurance Industry Promises Speedy Payments," CNN.com/U.S., September 19, 2001.)
For more information and suggestions or to inquire about the availability of pro bono assistance, call 1-877-HELP-321or go to http://www.nysba.org/ .
Before any steps can be taken to implement the will of a deceased person, you must obtain a legal declaration that the person is deceased and obtain a death certificate. (A simplified procedure, described above, is available for this).
In the meantime, you can get access to the missing family member's bank accounts and money market mutual fund accounts by submitting a special affidavit to the financial institution. Contact your financial institution for more information. (If it is a joint bank account also in your name, of course, you can access those funds immediately and without limitation.)
Also, you can petition the Surrogate's Court for authority to collect and safeguard the missing family member's assets and ask for authority to spend some of the missing family member's assets for the support of his or her dependents.
By Executive Order #113.24 of Governor Pataki, the filing fees normally required by Surrogate Court (Surrogate's Court Procedure Act, §§ 2401 and 2402) in matters relating to the estates or affairs of those who are deceased as a result of the September 11th attack are waived. Also, § 902 of the Surrogate's Court Procedure Act regarding service of process to persons missing or deceased as a result of the September 11th attack is waived.
Once a death certificate has been issued, you should file the original will with the Surrogate Court in the county in which he or she resided. The person named as executor in the will should petition the court to probate it (determine that it is valid), so that he or she will be authorized to administer or distribute the estate according to the deceased person's wishes as expressed in the will. While under the Governor's Executive Order #113.24, families may file proceedings in any county they choose rather than only in the deceased person's home county, it is probably best to do so in the deceased person's home county.
Note: A copy of a lost or destroyed will may be admitted to probate under certain limited circumstances. Consult an attorney if you are facing this situation. Also, visit the New York State Bar Association website at http://www.nysba.org/for more information on this area of law.
If no will exists, then the surviving spouse (or other person authorized by law based on the degree of relationship to the deceased person) must bring a petition to the Surrogate's Court in order to obtain authority to collect assets and administer or distribute the property in accordance with the law.
If all of your loved one's assets were held in joint ownership and you have a right of survivorship, then you became the sole owner of that property upon his or her death and a court proceeding probably is not necessary. Also, you should be able to use and dispose of such jointly held assets even if the person has not yet been declared deceased.
NOTE: You can no longer use a power of attorney after the person granting the power to you has been declared deceased.
For more detailed information, and for information on obtaining pro
bono legal assistance on probate matters, call 1-877-HELP-321or visit the
New York State Bar Association website at http://www.nysba.org/; or contact the Women's
Bar Association of the State of New York at 1-800-4WBASNY (1-800-492-2769)
or
www.wbasny.org
FOR PERSONS INJURED OR
UNEMPLOYED
AS A RESULT OF THE DISASTER
Call the State Department of Labor's Telephone Claims Center as soon as possible, at 1-888-209-8124 (or TTY 1-800-662-1220 for referral to 1-888-783-1370) from 8 AM to 7 PM, Monday through Saturday, if you have become unemployed as a result of the disaster. (If you have no phone service, you can apply by visiting a Department of Labor Employment Services office. For a list of these offices and for more information, visit the Department of Labor website at http://www.labor.state.ny.us/.
By Executive Order #113.6 of the Governor, the one-week waiting period for Unemployment Insurance claims is waived for people who work in NYC and are unemployed as a direct result of the attack.Regular State unemployment benefits generally are based on wages earned over a particular period of time, using certain formulas. Benefits checks are mailed from Albany. These benefits are taxable.
Disaster Unemployment Assistance benefits are one-half of the individual's average weekly earnings (gross wages for workers and net wages for the self-employed) during the previous tax year, up to a maximum of $405.
WORKERS' COMPENSATION BENEFITS FOR INJURIES AND ILLNESSES
The Governor's Executive Order No. 113.35 temporarily suspended the 30-day deadline for giving notice of the employee's death or injury to the employer, a requirement of the Workers' Compensation Law, Section 18. Normally, a family must give notice of the employee's death or injury to the employer within 30 days of the incident or risk losing all benefits under Workers' Compensation. This deadline was suspended by Executive Order 113.35, which was issued on October 11, 2001, "until further notice," and that order was continued through March 8, 2002 by Executive Order No. 113.48, issued on February 6, 2002.
Notice should be given in writing but can also be given orally by telephone (or in person). In this case, it would be wise to do both, to ensure that the employer is notified as soon as possible. Call immediately, then send the letter, signed by the person seeking benefits (or legal representative), by registered mail to the employer. Give the employer the worker's name and work address and state that the injury occurred at work on September 11, 2001, as a result of the September 11th attack. The New York Committee on Occupational Safety and Health recommends that if the employer asks for more information, you should say that any questions should be directed to the attorney handling the case (or that an attorney will contact the employer as soon as one has been retained). The caller should make a written record of the date and time the employer was called and the name of the person to whom the caller spoke.
Workers who were injured while at work or while attempting to leave work, and workers who became ill as a direct result of something that occurred while at work or attempting to leave are eligible for monetary wage-replacement benefits and/or medical care. A disabling illness arising from the events of September 11th, such as emotional trauma or a respiratory condition caused by smoke inhalation, may be covered by Workers' Compensation.
ALERT: The New York Committee on Occupational Safety and Health (NYCOSH), a worker advocacy organization, strongly recommends that families seek legal counsel before filing a claim. It states, "The workers compensation system is full of pitfalls that can adversely affect anyone who attempts to pursue a claim without the assistance of their union or an attorney...NYCOSH strongly advises anyone who wishes to file a claim not to do so on their own." It states that many Workers' Compensation attorneys are volunteering to charge no fee for providing representation to the families of workers who were killed in the disaster. Even firms that are not willing to waive their fee cannot collect a fee for a Workers' Compensation case unless the case is successful. (See http://www.nycosh.org/
The Workers' Compensation Board is expediting all claims for injuries or death from the World Trade Center disaster, so be sure to write "WTC claim" at the top of your application form and state that the injury occurred as a result of the September 11th disaster. To file an injury claim, call the Workers' Compensation Board at 1-800-697-4878 to obtain form C-3. The completed application should be sent to the Worker's Compensation Board, P.O. Box 29017, Brooklyn, NY 11201-9017.
For more information about New York State Workers' Compensation, visit their website at http://www.wcb.state.ny.us/ .
Federal employees are covered by the Federal Employees' Compensation Act. Information can be obtained by calling 1-866-999-3322 or 212-337-2037 for forms and filing information and 202-693-0040 for more general information and assistance. The federal program applies to federal employees and also to rescue workers who have been deputized by the Federal Emergency Management Administration ("FEMA").
Note: As explained above, people who were injured in the September 11th disaster can also apply to the New York State Crime Victims Board, 1-800-247-8035 (or TTY 1-800-833-6885), to seek benefits for lost income that is not completely covered by Workers' Compensation.
SOCIAL SECURITY DISABILITY BENEFITS
Call the Social Security Administration at 1-800-772-1213 (or TTY at 1-800-545-7316) for information on making Social Security disability claims. State that you are a September 11th disaster victim and ask to be transferred to the Immediate Claims Taking "(ICT") unit, because these applications are being expedited. You can apply over the phone.
If your injury occurred while you were on the job, you must apply for benefits from the Workers' Compensation Board as well as Social Security, because your Social Security disability benefits will be reduced by the amount you receive through Workers' Compensation.
To be eligible for Social Security disability benefits, you must be disabled and it must be expected that you will be unable to work for a year or more as a result of that disability. Also, to be eligible, you must have enough earnings in your record to obtain disability benefits - you must have worked for at least five years out of the past ten years (the work years do not have to be consecutive). You cannot begin to receive payments of Social Security disability benefits until five months after the date on which you stopped working due to the disability.
If you do not have enough earnings to qualify for regular Social Security disability benefits, you may nevertheless still qualify for Supplemental Security Income ("SSI") for disability, a federal welfare program, if your income and resources are below a certain level. You can also apply for SSI even though you qualify for Social Security disability benefits if you need assistance during the five month waiting period, although the SSI application could take a few months to be processed and thus benefits may not be available until the latter part of that five month period. (You can apply for benefits under both programs at the same time.)
For more information, go to http://www.ssa.gov/ or your local Social Security office. In Manhattan, the Social Security office is located at 26 Federal Plaza (on Broadway between Duane and Worth Streets; enter on Duane Street), 31st floor, Room 120, and is open from 9 AM to 4 PM Monday through Friday.
Some insurance companies have set up catastrophe centers or have instituted emergency measures to streamline the processing of claims arising out of the disaster. To obtain information on this, go to www.ins.state.ny.us/wtccats.htm . For special assistance, call the Insurance Emergency Operation Center's toll-free hotline, 1-800-339-1759, from 8 AM to 8 PM, seven days a week.
In general, notify the insurance carrier in writing as soon as possible to make the claim. Call your insurance agent and use the forms that the agent provides. The written notification should identify the insurance policy and describe the loss that you have suffered.
Make sure you know the deadline by which you must file your claim! If you need more time to comply, ask for and obtain from the company an extension of time in writing.
Keep notes of your telephone conversations.
Gather any and all records that could help to document your loss. These could include receipts or canceled checks for purchases related to the loss; receipts for lodging, transportation or meals related to the loss; telephone bills related to the loss; documents relating to business activities that were canceled, delayed or impaired because of the loss; and copies of e-mails or letters (or even telephone notes) regarding any steps you had to take or reports that you made related to the loss.
If the insurance company demands that you answer an investigator's questions under oath, consult with an attorney. You may want to have an attorney present when you give your statement.
Do not sign any agreement that waives your right to a prompt decision on your claim. By law, the insurance company must give you its decision on how much coverage you have within a reasonable time -- and for some forms of insurance, the deadline for that decision is set out in statute or regulation. Read any "waiver" document carefully, and consult with an attorney before signing it.
Also, if the insurance company asks you to sign a document granting it access to confidential records, consult with an attorney before signing it.
Keep records of all communications between you and the insurance company, including letters, faxes, e-mail messages and telephone notes.
If your claim is denied, send the company a letter objecting to the denial. Be sure to provide any relevant new information about your loss that you may have obtained since you filed your claim. Some policies require you first to go through an internal review or "appeal" process before bringing a civil action against the company in court. Consult with an attorney (and also check your policy) to find out what deadline applies for challenging the insurance company's denial in court.
For more information and suggestions or to inquire about the availability of pro bono assistance, call 1-877-HELP-321or go to http://www.nysba.org/ .
College Tuition. By Executive Order #113.21 of Governor Pataki, the State University of New York and the City University of New York must establish scholarship programs for disabled victims of the September 11th attack and for the spouses and children of deceased victims of the September 11th attack. Legislation may be introduced to provide free college education for family members of victims of the World Trade Center disaster who attend schools in New York State or City.
Several private colleges and universities also will offer scholarships for dependents of victims in the September 11th attack, including New York University, Rutgers University, Long Island University, Columbia University, Fordham University, Polytechnic University and others. In addition, the Families of Freedom Scholarship Fund (1-877-862-0136) provides assistance for post-secondary study to financially needy children and spouses of those killed or permanently disabled by the September 11th attacks (visit http://www.csfa.org/ or http://www.familiesoffreedom.org/).
Veterans' Benefits. Call 1-800-827-1000 or your local office of the Department of Veterans' Affairs regarding benefits for families of deceased veterans (including military funeral honors), pensions, insurance settlements and adjustments to home mortgages for veterans. Also go to http://www.va.gov/ .
Employment Assistance. Call the State Labor Department at 212-621-9300 for special resources to help people quickly obtain employment, including access to phones, fax machines, the internet, assistance in resume preparation, and training for temporary employment related to the disaster. Also, call 718-557-1332 or visit one of the Twin Towers Job Centers, located at 180 Water Street in Manhattan and 168-46 91st Avenue in Jamaica, Queens.
Charitable Assistance.
Groups other than Red Cross that provide
short-term emergency assistance
include
Community Services
Society of New York,
212-254-8900
Safe Horizons,
1-800-621-4673 (TTY
1-800-810-7444)
Salvation
Army, 1-800-SAL-ARMY (1-800-725-2769), then press "1"; www.salvationarmy.org
United Jewish Communities Emergency Relief Fund, 212-284-6500
Other resources for victims and their families
include:
Black United Fund of New
York (Victim Relief Fund),
212-234-1695
Kiwanis International
Foundation 911 Victim's Children's Fund - contact the local Kiwanis
Club
in your area.
AmeriCares Foundation (for
uniformed firefighters, police officers and uniformed Port Authority
employees),
1-800-514-5103
Daily
News Charities (for families of police, fire and EMS
heroes)
New York
Firefighters 9-11 Disaster Relief Fund (for firefighters and their families
and for EMS personnel on
the scene
in NYC)
Twin Towers Fund
(for families of firefighters, EMS workers, police officers, Port Authority
police, and
uniformed services of
the Office of Court Administration and other agencies)
TAXES AND TAX FILING DEADLINES
The new Victims of Terrorism Tax Relief Act has been signed into law. It extends significant tax benefits to the victims of the September 11th attack and their families. (The law covers victims of the September 11th and anthrax attacks and also the 1995 Oklahoma City bombing.) In general, no federal income tax would be owed on the earnings of a September 11th victim who died in 2001 for the years 2000 and 2001. Note that the relief is only for the income of the deceased, not for the income of the surviving spouse or family member. Under this statute, payments from the federal Sept. 11th Victim Compensation Fund and from certain other relief funds will not be regarded as income for federal tax purposes. Also, payments to such victims or families made in response to the attack by a charity that qualifies under Section 501(c)(3) of the Internal Revenue Code are free of tax, provided that the charity meets certain qualifications related to good faith, reasonableness, objectivity and consistency in its distribution of payments.
Families are encouraged to seek professional assistance in determining the tax benefits to which they may be entitled. The Internal Revenue Service has a special tool-free number to answer tax questions related to September 11th: 1-866-562-5227. The Victims of Terrorism Tax Relief Act can be viewed through the Library of Congress website for legislation, http://thomas.loc.gov . Search for bill number HR2884. Tax forms are available through the IRS web site, www.irs.gov , or by calling 1-800-829-3676. Further information is available on NYSTLA's website at www.nystla.org.
By Executive Order #113.25 of Governor Pataki, no interest or penalties were imposed on late payments of real property taxes if the deadline for payment of those taxes fell on or after September 11, 2001 and before October 15, 2001, so long as the tax collecting officer was given a written statement setting forth the facts that render the person or business organization eligible for that extension. Eligible persons included victims of the September 11th attack and their families, persons directly involved in rescue and recovery, and other specific persons as described in greater detail in the Executive Order.
The NYS Office of Taxation and Finance extended certain tax filing and payment deadlines by up to 90 days for taxpayers within and outside New York State who were affected by the disaster. For information, go to http://www.tax.state.ny.us/ and view the PDF file, N-Notice N-01-14 ("Announcement Regarding the Terrorist Attacks on September 11, 2001") and subsequent notices.
The New York City Department of Finance allowed late filings and payments for certain business taxes, including the General Corporation Tax, Unincorporated Business Tax, Banking Corporation Tax, and Commercial Rent Tax. In some cases, interest on late payments were waived. For details, call the NYC Centralized Relief Hotline at 212-221-8635 or go to www.cl.nyc.us/html/dof/home.html/fm-wtc.html .
The federal Internal Revenue Service also gave a short postponement for certain federal tax filings. Go to http://www.irs.ustreas.gov/ .
CONSUMER RIGHTS: DISASTER-RELATED SERVICES FROM BUSINESSES
If an unscrupulous business is taking advantage of the needs and conditions resulting from the recent disaster to raise prices unfairly ("price-gouging"), call the NYS Consumer Protection Board at 1-800-697-1220. A 1998 law expands consumer protections and legal remedies to individuals and families during times of emergency.
The New York State Trial Lawyers Association and the Association of Trial Lawyers of America are co-coordinating a special program called Trial Lawyers Care, Inc., to provide pro bono legal assistance to victims of the September 11 attack in filing claims for compensation under the Federal "September 11th Victim Compensation Fund" (H.R.2926). For more information, call Suzanne Mattei or Martin Brennan at 212-349-9205.
For volunteer assistance regarding death certificates, probate, and other matters, contact the NYS Bar Association, working in coordination with the New York City Bar Association and New York County Lawyers Association, at 1-877-HELP-321 or www.nysba.org/wtc .
The Women's Bar Association of the State of New York is providing pro bono assistance for September 11th victims and their families on questions involving family law, trusts and estates, housing, guardianships and adoption. Call 1-800-4-WBASNY (1-800-492-2769) or visit www.wbasny.org.
For New Jersey residents, the New Jersey Bar Association's Mass Disaster Response Program offers free legal advice about housing, health and life insurance, guardianships and wills, and other issues. Call 1-888-541-1900.
The information provided herein is
based on a variety of sources, including statutes
and
regulations; government
internet sites; discussions with federal and State agency staff
members;
factsheets
developed by the New York Committee on Occupational Safety and Health
(NYCOSH),
the NYS Bar
Association and other organizations; and appropriate media sources,
including
CNN.com.
Again, this information is provided only for general informational
purposes
and should
not be construed as legal advice. Individuals seeking benefits, assistance
or
compensation are
encouraged to contact the relevant agency directly or consult with
an
attorney.