N002234
Tuesday, January 22, 2002 10:35 AM
COMMENTS REGARDING THE FEDERAL VICTIMS COMP. PROGRAM
To whom it may concern:
I sorry for the late e-mail, but over the weekend I spent some time reading
the information provided at the January 20th meeting.
I would like to join with the many voices in expressing my disappointment
and outrage at the Federal Government's compensation program. To put a
limit on what a person worth in life, is a horrible thing. Every family has
the right to be well compensated. In regards to ECONOMIC LOSS...According
to the State Law on the economic loss---there is no limit to what an
individual can be compensated. " The statute does not permit economic
losses to be limited in the manner prescribed in the regulations and as such
the regulations contradict the statue. Moreover the regulations must be
rewritten to allow for the recovery of full economic loss based upon the
actual earnings of the decedent. The Act requires that the analysis for
economic losses be determined by the individual circumstances of the
claimant. The publication of pre-determined and presumed guidelines, do not
take into account the individual circumstance of a claimant. As a result,
the pre-determined presumptive awards for economic losses must be eliminated
and the regulations rewritten to permit economic losses to be calculated in
each individual case based upon the facts of the claim. Also in regards to
NON-ECONOMIC LOSSES... the Act does not limit or cap the recovery of
non-economic losses to a pre-determined or presumptive amount. The Act
requires that the award for such losses shall be based on individual
circumstances of the claimant. Congress did not limit the non-economic
recovery as is contained in the regulations.
BURDEN OF PROOF: What is "extraordinary circumstances"? What is the
stature in which the Special Master is determining "extraordinary
circumstances"? THE LOST OF MY FATHER IS AN EXTRAORDINARY CIRCUMSTANCE!
Nowhere in the Act does Congress state that awards should be based upon any
limiting factor.
DEPENDENTS: I believe that the term dependency should not be limited to
those individuals identified on the tax return, but rather, should include
anyone who was financially or emotionally dependent upon the decedent.
Although I am twenty-five years old, I was very much dependent on my father.
I still live at home and am still attending college. My father paid for
everything. What if I wasn't claimed because I was working in 1998? What
then? My brother is also in his late twenties and still lives at home. My
brother suffers from severe mental depression which has left him fully
dependent on my parents. With the lost of my father, my mother has now
taken full responsibility which is very difficult. What if my brother was
not file on my father 1998? What then? I believe that Special Master
Feinberg should take into consideration each individual's family
circumstances. My brother and I may be adults but we are still very much
dependent on my mother and father.
Why is it that my family is being penalized for having insurance and pension
plans. The regulations should make it clear that there shall be no
collateral source deduction for payments made to victims and their families
outside of a contractual agreement.
Again, I am sorry for the delay in my response, but I still hope it can be
forwarded to the particular parties.
Regards,
Individual Comment