dojN002373.xml

dojN002373.xml

born-digital

email

yes

no

2002-01-22

Tuesday, January 22, 2002 11:05 PM
September 11 Victim Compensation Fund

Attachment 1:
January 22, 2002

Dear Mr. Feinberg,

I am writing to express my serious concerns and objections to "Interim Final Regulations Governing the September 11th Victims Compensation Fund."
My son, , was murdered on September 11, 2001. He went to work and never returned. He was where he was supposed to be, on the floor of Two World Trade Center, doing what he was supposed to be doing. He was 28 years old, single, no children, engaged to be married on June 8, 2002. His life along with the thousands of other extraordinary, remarkable, tax paying people who were murdered with him are worth a great deal to those they left behind. Children will never know their parent, parents will never hold their children again, brothers and sisters will never laugh with their sibling again, and fiancés will not walk down the aisle with the one they choose to spend their life with. It is quite apparent when one reads the interim final rules set by you and others (Office of Management and Budget) that you did not lose anyone in this horrible terrorist attack on this country. Ive heard quoted that you do not want to play Solomon. Believe me, Solomon would have shown the proper respect for the victims and their families. This is insulting to all of the courageous men and women who made the ultimate sacrifice on September 11, 2001.
Be assured that every family I know who lost a loved one would give back every cent they have received and more to have their loved one back again. Would you trade places with me, or any of the thousands of families who grieve for loved ones? Would you sacrifice a son or a daughter and accept the rules you have set? I know you would not. I am a parent living with this every day, and I am quite sure no sane person would choose to walk in my shoes, and then have the government they love cheapen the life of the victims of this horrendous tragedy by clinging to bureaucratic nonsensical statutes.
The act originally passed by Congress insures full and fair compensation to victims and their families for actual economic and non-economic damages. The Department of Justice has ignored this mandate and arbitrarily altered regulations resulting in compensation levels far below the losses actual suffered, by victims and their families.
The award for non-economic damages is one-tenth below the level paid in comparable cases. Congress was explicit with a broad range of non-economic damages for which victims and their families shall be compensated.
DOJ ignored this basing presumed awards on bean counting, severely limiting awards with no basis in law.
The non-economic award should be increased by an order of magnitude from 10% to 100% to reflect damages Congress has determined are compensable.
For Economic Damages, DOJ relied on out of date and inapplicable data. A wide gap exists between DOJs flawed approach and a proper evaluation of economic loss. DOJ should correct methodological flaws in its calculation of economic damages and use up to date data in making these calculations. Consider the likely income-earning potential of the victim as is routinely done in wrongful death cases.
DOJ should eliminate the statute, which deducts collateral source deductions (pensions, insurance payments, and charitable gifts).
A familys award may be increased above the presumptive award only by showing "extraordinary circumstances" beyond those suffered by other victim or victims familys. This makes a charade of the right to a hearing provided by the statute.
DOJ should fulfill its responsibility to carry out the wishes of Congress and the people of the Unites States of America. If the statutes are not significantly changed many families who had anticipated relief would be forced to sue. This was not the outcome Congress originally intended. The victims who were injured and the families of those murdered are reminded every day of the horror of September 11, 2001. Many of us continue to wait for the knock on our door, informing us that our loved one has been identified. Many of us may never receive that knock. The pain has little time to quietly heal as we are reminded every day via the media. We do not need the pain of fighting bureaucratic battles, which can be remedied by fair and just corrections.

Thank you for giving this matter your immediate attention.

Individual Comment

2002-01-22