dojN001935.xml

dojN001935.xml

born-digital

email

yes

no

2002-01-17

Thursday, January 17, 2002 11:23 AM
Comments on the Interim Rule


Mr Kenneth L Zwick, Director
Office of Management Programs
U.S. Department of Justice


Dear Mr Zwick,


My name is and I lost a dear friend in the WTC, who worked at . In an effort to assist my friends wife, I have been trying to decipher the interim rule for almost a month and still have many questions. I have contacted the hot-line, that has been provided, and have been able to get some questions answered, but in most cases they have to get back to me. I understand that this is a very sensitive and complex arrangement, and there are a number of people from all income levels and personal situations involved, but I feel if you make certain changes to the plan, it may put a lot of minds at ease and allow people to make clear, intelligent and informed decisions.

Below are my comments:

1) Clearly define what is included/excluded from collateral sources

2) Though difficult, and time consuming, it would be helpful if the families had a clear understanding of what their actual award will be and how it was calculated. The 'presumed' award is a ball park but the actual amount can swing by tens of thousands of dollars (even after deducting Life Insurance). For instance, if I look at the presumed award that is closest to my friends category, I come up with X, but his children were not ages newborn and 9, but they were ages 18 and 13 and there was a third child age 20 and all the children are still in school and considered a dependent. Furthermore I know we have to deduct 'payments by federal, state or local governments'. It is stated that Social Security is included, but still unclear whether it includes Workman's Comp. However, we have to present value such amounts and then deduct them from the award but it is unclear what formula you will use to perform this calculation and what that amount will be. There are also deductions
for Pension funds and death benefit programs which are also unclear. Is the 25% partnership stake in constitute an collateral source? ( I would think not). Do the premiums on medical benefits constitute a collateral source? (again I would think not). As you can see there are a number of open issues that have not been answered.

In order for any family to make a clear, intelligent decision, the Special Master should look at each family and each case individually and come up with the actual award. Lets call this the floor. Before we are asked to sign away any rights, treat us an individuals and not just a group. The algorithms should be run for each family and disseminated accordingly. Once that is complete, offer an actual 'award' to the victims family rather than a presumed award (that is open to interpretation). At that point the families have to make a decision, a) do I accept the award as is, b) do I request a hearing to challenge the award c) I reject the award completely.

Without the knowledge of what the award will be, I find it very difficult to make any decision. Again, I would like to see the actual award replace the presumed award before we are requested to accept or reject.

The plan is currently structured whereby, other than the presumed award, the family will NOT know the actual award until they pass the eligibility criteria and agree to waive their right to sue. Be open and clear about how and award will be calculated and the only way to do this is on an individual basis.



Regards and thank you for your consideration in this matter

Individual Comment

2002-01-17