dojN002116.xml

dojN002116.xml

born-digital

email

yes

no

2002-01-20

January 20, 2002
Mr. Kenneth Zwick
Department of Justice

I wish to state my disagreement with the interim rules issued by Kenneth Feinberg, the Special Master, regarding the Victims Compensation Fund of 2001, P.L. 107-42, to compensate the relatives of the victims of the brutal attacks on September 11, 2001.
Mr. Feinberg took the fiduciary responsibility to act on behalf of the relatives of the victims and, as it stands, the rules fail to satisfy the letter and the spirit of the legislation. Specifically, we request that you act on our behalf and demand the following changes to the interim rules:

1. Collateral Sources:
The victims relatives are being asked to give uninformed consent to something that has no certainty - a fund that may provide little or no compensation to some of the victims families. The deduction of insurance proceeds, pension funds, 401K proceeds and other collateral sources could eliminate awards to some families and, therefore, should be eliminated from the terms of the fund. To penalize a victim for acting with responsibility and compassion for their loved ones is unjust.
2. Consistency:
The arbitrary income limits and the calculation of award amounts imposed by the Special Master are inconsistent.
3. Non-economic rewards:
Mr. Feinberg has arbitrarily restricted the award for pain and suffering. In the words of Rep. Peter King "...every death is tragic. A murder is particularly tragic. But to have your loved one murdered in a burning building in full view of the world -- in a scene which will be repeated in the media for decades to come -- is a horror these families will never escape from...The Special Master cannot take it upon himself too restrict the rights of the families." Therefore, we request that the interim rules be amended to more appropriately compensate the victims families for the immeasurable pain and suffering endured by our loved ones.
As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and every other way that we can help and assist their families...There should be no compromise about that ever...". We request that the interim rules be amended and redefined to the extent that collateral sources are not deducted from the recovery; arbitrary income caps are not imposed; compensation for pain and suffering more accurately reflect the unimaginable horror which was suffered by the victims.
Sincerely,
Individual Comment
Ridgewood, New Jersey

2002-01-20