N001889
January 9, 2002
Kenneth L. Zwick
Direct, Office of Management Programs
Civil Division - U.S. Dept. of Justice
Main Bldg. - Room 3140
950 Pennsylvania Avenue NW
Washington, DC 20530
VIA FACSIMILE: 1 (301) 519 5956
Dear Mr. Zwick
I represent the Estate of (deceased). was a victim of the
September 11th attack on the World Trade Center.
I am writing to you with regard to the "September 11th Victim Compensation
Fund of
2001" (the "Fund") and the regulations applicable thereto. Specifically, I find the
regulation
requiring that any award from the Fund to the family of the victim be offset by all
collateral
source compensation such as life insurance and other government benefits is, in certain
circumstances, unfair, inappropriate, and contrary to the stated objectives of the Fund.
One of the stated objectives of the Fund is to compensate "...victims and their
families...". Another objective is for the Fund to act as an alternative to lengthy and costly
litigation. A wrongful death cause of action belongs to the estate of the deceased. Any
recovery
from a wrongful death lawsuit would be paid to the estate of the deceased and would be
distributed to the beneficiaries or distributees of the estate. Life insurance and other
"offsetable"
items may not be payable to the estate but instead may be payable to named beneficiaries
who
are not necessarily beneficiaries or distributees of the state. The entire award payable to
the
estate by the Fund may, therefore, be wiped out by offsets that were paid to people who
were not
beneficiaries or distributees of the estate. It is entirely possible that the family of the
victim
would receive nothing from the Fund because of "offsets" that were payable to people
other than
the family. This makes no sense. I have no real argument with the concept of "offsets"
provided
the "offsets" are payable to the same people who would receive the award from the Fund.
It is respectfully suggested that the Fund regulations be amended to provide that
only
collateral source payments payable to those persons who are the beneficiaries or
distributees of
the state of a deceased victim be offset against the Fund award.
Very truly yours,
Individual Comment