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Expanded Eligibility for Pentagon and Shanksville, PA Responders

September 11, 2024
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In a landmark decision on September 11, 2024, the World Trade Center Health Program expanded its coverage to include a broader range of responders at The Pentagon and Shanksville, PA crash sites. For over two decades, many military personnel, federal employees, and civilians who participated in the response and recovery efforts at these sites were excluded from the health benefits provided to other first responders located at Ground Zero.

What Does the New Ruling Mean for First Responders in Shanksville and The Pentagon?

For the past 23 years, only certain individuals who have been affected by the 9/11 terrorist attacks have been deemed eligible for treatment under the World Trade Center Health Program. Before the new expansion was approved on September 11th, 2024, eligible individuals included those who:

  • Were active or retired members of a fire or police department (fire or emergency personnel), worked for a recovery or cleanup contractor, or were volunteers; and
  • Performed rescue, recovery, demolition, debris cleanup, or other related services, either at the Pentagon site of the September 11, 2001, terrorist attacks, for at least 1 day beginning September 11, 2001, and ending on November 19, 2001, or at the Shanksville, Pennsylvania site for at least 1 day beginning September 11, 2001, and ending on October 3, 2001.

The new changes were fast-tracked due to pressure from victims and lawmakers for first responders, civilians, and service members to receive the healthcare they deserve for their cleanup and recover efforts.

Who is Included in the New Expansion of the World Trade Center Health Program?

According to Pitta & Baione LLP Partner Christopher Baione, “All 9/11 responders who worked at the Pentagon and Shanksville, including active-duty military personnel, like soldiers and sailors, as well as civilians working for the Department of Defense and other federal employees, are now eligible to join the World Trade Center Health Program. Before Congress made this change, these heroes were not allowed to participate in the program.”

More specifically, the new change to the World Trade Center Health Program allows “employees of the Department of Defense or any other federal agency”, and members of “a regular or reserve component of the uniformed services” to receive no-cost healthcare for specific conditions endured due to their services “during the period beginning on September 11, 2001, and ending on September 18, 2001.”

Are Civilians Included in the Expansion of the World Trade Center Health Program?

If they were volunteers or contractors who participated in the cleanup of the aftermath of the September 11th Attacks, then yes, they are included in this expansion. Keep in mind that volunteers and contractors who responded to to these attacks must have provided their services at the Shanksville, PA or Pentagon crash site during the period beginning on September 11, 2001, and ending on September 18, 2001 to receive these benefits.

How Have the Efforts of Pitta & Baione LLP Contributed to Getting the Ruling Passed?

According to Partner Matthew Baione, “We worked closely with our client, 9/11 responder and U.S. Navy Captain William Toti as well as Citizens for Extension of the Zadroga Act, to identify other 9/11 responders who had been denied access to the World Trade Center Health Program, to educate veterans, journalists, and the public at large about this denial, and to urge that all of our clients contact their local legislators about supporting corrective measures.”

Partner Christopher Baione added, “We are grateful and relieved that all Pentagon and Shanksville responders are now treated equally under the law and can obtain access to a World Trade Center Health Program with a 20% higher cancer survival rate than the general population. Responders like our client Bill Toti, who has been suffering for years with unresolved 9/11 conditions, can receive access to a national health system dedicated specifically to treating people with exposure to the unprecedented toxic dust caused by the horrific attacks 23 years ago. We thank all who joined in our efforts to raise awareness about this narrow issue and inspire action on their behalf. We also applaud Dr. John Howard, WTC Health Program Administrator, for bypassing the standard rulemaking process for the “good cause” to end delay for Pentagon and Shanksville 9/11 responders.”

How to Access World Trade Center Health Program Benefits in Shanksville or Washington DC

“After years of denial and delay, we can finally support our 9/11 responder clients at the Pentagon and in Shanksville to obtain the healthcare they not only deserve, but so desperately need. To that end, we are taking swift action in response to this final WTC Health Program rule for responder eligibility to ensure that our clients can get their conditions and injuries documented and finally undergo their 9/11 health evaluations,” mentions Patrick Hewes, Client Health Benefits Coordinator.

If you meet the eligibility requirements, you can start requesting access to these benefits by completing an application online or by mail, providing documentation of your service, and completing a health screening for conditions related to the 9/11 attacks. If you are denied access to your rightfully owed benefits, Pitta & Baione LLP may be able to help. Call us for a free consultation and we’ll go over your case to discuss your legal options.