W000379
Sunday, November 18, 2001 9:01 PM
Comments Re Proposed Regulations for September 11th Victims
Compensation Fund
Mr. Zwack:
Attached are my comments regarding the proposed regulations for The September
11th Victims' Compensation Fund.
Attachment 1:
Kenneth L. Zwick, Director
Office of Management Programs
U.S. Department of Justice
Civil Division
Main Building, Room 3140
950 Pennsylvania Ave, N.W.
Washington, D.C. 20530
Dear Mr. Zwick,
My husband was killed in the World Trade Center disaster. He was 34 years old. I am 33 years old and have a son who is 2 and a daughter who is 6 months old.
My children and I have been robbed of a perfect father and husband. There are no words to convey our loss and devastation, only words today to express my strong views on The September 11 Victims Compensation Fund.
I am in agreement with all of the points outlined in the letter that will be submitted to you on November 19th by , except for their proposed formula for calculating future compensation (which I have addressed below). I am particularly concerned with the following issues:
Collateral Sources:
I completely reject to the proposal to deduct life insurance proceeds, pension funds, IRAs, 401K plans or charitable contributions from the payment to my children and me. I am particularly outraged by the deduction of life insurance proceeds. Why would you penalize my family for planning ahead and paying for life insurance? My husband and I took the time to research the available products in order to secure the futures of our children. This was a personal investment that we made with our hard earned money and that we paid for over several years in order to guarantee the security of our family. The proceeds from this life insurance belong to my children and me, separate and apart from the money the government has allocated to assist my family as a result of what happened to my husband. Our purchase of life insurance - which we paid for with our own money - has nothing to do with the events of September 11 and its horrific effect on our lives and our security. Why should we be worse off than others who decided not to plan and pay for their future security?
Additionally, the idea that you would deduct money that I have received from charitable organizations to help me pay our bills, memorial expenses, and other critical day-to-day costs is unthinkable. The loss of my husband not only has taken a devastating emotional and physical toll, but it also has caused my family extreme financial duress. This has forced me to plead and grovel for money from numerous so-called "charities." At a time when I have been trying to cope with overwhelming emotional pain, I have been forced to spend countless hours (just as I am spending hours to write this letter) presenting invoices and bills to convince them that my costs were indeed justifiable. The definition of charity in this Country is forever changed, e.g., The Red Cross. Not to mention the fact that my husband worked for under the infamous . Why do we have to fight for help? Under the circumstances, it is your job to take care of us. The United States helps those who are burdened or victimized throughout the world. How about those of us who are tax-paying citizens and have actually paid for the aid you have sent abroad? I already have faced resistance from numerous charities and my husband’s employer. Must I now face resistance from my own government, who in my opinion should have immediately stepped in to show these parties the error of their ways? Please do not abandon me and my family or make us jump through more hoops; this has been needlessly difficult every step of the way. Please do what is moral and right and take swift action to make this as easy as possible on us.
Economic Losses:
I would like to ensure that the retirement age used to calculate economic loss is, at a minimum, the age the federal government already uses for allowing its citizens to collect Social Security benefits. Given the unique circumstances here, I would hope that my government, whose job it is to protect its people, would bend over backwards to ease the pain of those whose suffering is far too great to quantify.
Unlike the proposal has presented, I believe the Fund should use my husband’s income during the past work year, 2001, to calculate the economic losses my family has sustained. This is the most fair and accurate figure for determining the economic impact that the loss of my husband’s income will have on our family. I am certain that, like my husband, most of the victims’ salaries were at their peak during the work year just preceding the attack. Again, under these horrific circumstances I am looking to my government to be as generous and empathetic as possible.
Additionally, please clarify how the government plans to determine what my husband’s future income would have been if you do not use my suggested formula. The factors for making this determination must be disclosed before I would be willing to join the Fund or sign a release of claims. Also, the government must disclose the total amount I will be eligible to receive before I sign on with the Fund or release possible legal claims. As is typical with all legal releases, I must have all of the pertinent information about the payment my family is entitled to receive before you can ask me to waive my rights to pursue legal action for the losses my family has suffered.
Non-Economic Losses:
The Fund is purporting to compensate us for our non-economic losses as well as our economic losses. I am concerned, however, that "non-economic losses" are very vaguely defined. It is unclear to me - and therefore obviously will be unclear to the person who will be assessing the "value" of my claim - whether I will be compensated for the physical and emotional pain that my children and I have suffered as a result of losing my beloved husband. Needless to say, the grief I personally have experienced over the last 2 months is indescribable and beyond my wildest imagination. The pain my kids have and will continue to experience as a result of losing their father is something I cannot even bear to think about. If our government truly wishes to make my family "whole", at least from a financial standpoint, it cannot ignore the heartache and pain my children and I have and will continue to endure as the result of having lost our greatest source of strength, love and stability: my husband.
Miscellaneous:
Finally, I have some additional concerns with the Fund, which are not addressed in letter. Specifically, it is unclear what expenses I will incur if I decide to make a claim for recovery under the Fund. What will I be responsible for paying, if anything? Are there any other administrative costs associated with making a claim? Before I get involved in what is likely to be a long, drawn out hearing about my claim - which will be very difficult for me at this time in my life - I am entitled to know this.
Additionally, it is unclear to me how any payment will be made. This is not clearly described in the plan’s description and is something we are entitled to know.
In closing, I feel that by its inaction my government failed to protect our spouses, fathers, mothers, children, brothers, sisters and friends from this horrific attack on our Country. Although it cannot bring back my husband - or any of the thousands of innocent victims - it can and must assume its undeniable responsibility to take care of those of us whose lives have been irreparably shattered by this evil attack. It has taken the first step by setting up this Fund to help us. However, the above inadequacies with the organization of the Fund must be addressed.
I leave you and all those who are in favor of the Fund in the current form with this simple question: Would you find this proposal acceptable if it were your wife or your husband who was counting on this money to survive?
Sincerely,
Individual Comment
South Plainfield, NJ