N002261
Dear Director Kenneth L. Zwick,
My husband of over 23 years, , was killed in the September 11th
terrorists attacks on the World Trade Center. I am writing this letter to let you know how
disgustingly discriminating I find the current presumptive guidelines for the Victim
Compensation Fund.
My husband, , age 54, a , was on the
floor of Tower 1 when the first plane attacked. He was trapped along with hundreds of
others who worked above where the plane hit. I will never know how he died and I can only
imagine the worst. I pray constantly that he died instantly, that he didn't suffer for over an hour
and a half, alive in that Hell until the building collapsed, but I will never know. He had been in
Tower 1 in 1993 when the bombs exploded in the garage. He came home to us that night. On
September 11th, he never came home.
The loss of my husband, our sons' loss of their father, can never be justified or
compensated for. What has eased our grief and pain has been the outpouring of prayers and
support from the American people and the United States Government. That was, until Friday,
December 20th, when the interim final regulations as determined by Special Master Feinberg
were
published. Myself, our family and our friends feel that the United States Government, through
Feinberg's presumptive guidelines, doesn't give a DAMN about us.
Under the current guidelines there will be NO compensation for my family paid from
this fund for the horrible death of my husband, . The law was intended to try to help every
victim's family. The law was meant to have rewards made based upon individual circumstances
of each victim's family to compensate us for economic and non-economic damages suffered as a
result of my husband's murder. The established limits of the presumptive guidelines directly
contradict "individual" circumstances.
Through years of sacrifice and hard work had achieved the honor of reaching over the
99th percentile of income earned in the U.S. This was never given to us. His were
. Neither one of us was born "with a silver spoon in our
mouths". Growing up in ,
learnt the ethics of hard work. He caddied at as young as 12. While attending worked as a soda jerk,
tarred roofs, and loaded crates of food for A&P. When he had trouble with college, he had to
support himself. He did fish delivery runs to the Fulton Fish Market from Summit, he delivered
appliances, he drove a taxi cab. He started in the financial world working as a mail room clerk.
After working his way up to a job in accounting, he went back to college nights, graduating from
. By then was already Accounting Manager of a brokerage firm.
That is when he took a cut in pay to work as an equity salesman. When we married in 1978,
was earning $36,000 a year. It took years of family sacrifices, hard work, and long hours for him
to become truly successful in his career. My husband, , was starting to live The American
Dream. The last few years were finally paying off. His clientele was established.
In February 2000, we moved into our dream home in . We were planning all the
wonderful things we would be able to do in 7 more years when he retired. He never complained
about income taxes paid. He believed the more you made the more you needed to support the
United States. My husband, , was highly respected and admired for the success he had
reached
by all who knew him. To younger people inspired by him, he would say "Great place America!"
Special Master Feinberg and those responsible for establishing these presumptive
guidelines might as well go to Ground Zero and spit on my husband's burial site! They show
no respect for my husband's memory or for the American Dream. They have determined that
because my husband earned above the 98th percentile of income was 54 years old, and had life
insurance equal to only 1 year of take home pay, that my family has suffered no economic or
non-economic loss.
Feinberg has stated with respect to wealthy individuals "multi-million dollar awards out
of
the public coffers are not necessary to provide them with a strong economic foundation from
which to rebuild their lives". How does he define "rebuild"? Is having to give up our homes and
our lifestyles considered rebuilding? How does a year old widow ever rebuild when her
husband was her best friend and sole support for over 23 years? How do our and year old
sons rebuild their lives after losing their father, losing his emotional support, his help and advice?
For non-economic damages, they determined I receive $250,000 for my husband's
suffering, and $50,000 each for myself and our one dependent son. I have no idea how this
arbitrary amount was determined, especially when I, our sons, and other family members still
suffer from horrible dreams and images of my husband's anguished suffering on that tragic day.
For the rest of our lives we will suffer from emotional pain, mental anguish, loss of enjoyment
of life, loss of society and companionship, loss of consortium, and other non-economic losses
found in section 402 of the statute. Not that it matters, because my family receives nothing!
It has been stated that these regulations are presumptive awards and that our family may
request a hearing. We would have to convince the Special Master or his designee that we have
extraordinary circumstances. They allow only two hours in which to beg for extraordinary
consideration. If Feinberg's designee doesn't find us qualified for the fund, we have one final
chance at a hearing, with Feinberg himself. Feinberg's determination will be final, but isn't he
the one who has already established the presumptive guidelines that say we haven't
suffered any loss? Aren't we suffering enough? Haven't we been through enough? Why isn't is
enough for me to provide income tax returns, along with proof of birth, marriage, and death?
What is there to convince them of? The facts and numbers are black and white?
Our son and I went to a meeting for families in N.Y.C. on December
17th. It was a chance for us to meet with Mr. Feinberg and discuss our concerns about the
guidelines before they were determined. Mr. Feinberg stated many times that there would be no
cap on damages awarded! He also stated he didn't think there would be many awards near
$3,000,000. We left the meeting feeling puzzled. According to what we were told, we would be
awarded $24,500,000 (less life insurance and other U.S. government assistance) for income lost
over the 7 1/4 years my husband would have still been working.
Feinberg had said the compensation was tax free, but we realized it must be based on post tax
income. If we calculated the compensation based on post tax income, less life insurance and
federal tax refunds for 2000 and 2001, our compensation still came to be over $8,250,000. We
understand this fund was not meant to make anyone rich. However, there is an enormous
difference between $8250,00 and $0! I believe the compensation should be calculated based
on all post tax income lost over the expected earning years lost, reduced by insurance and other
federal assistance. If a cap is necessary at all, make it an overall cap. Why should my family
receive nothing, when the estate of a single 25 year old decedent making $125,000 a year will
receive $2,252,162? Even those parents lose if their 25 year old child made more than $125,000 a
year (according to the charts). I am not suggesting the parents aren't entitled to compensation,
but why is my family being discriminated against? Why do neither myself nor either son
receive no compensation?
I believe the American people would be outraged to know the U.S. government bailed
out the airlines, but is failing to help the real victims of the September 11th attacks, the
families of the loved ones lost! Our sons, our family, our friends and I ask you to do something to
intervene and change the presumptive award guidelines. There were many other families I know
of
who will also not receive anything. We do not deserve this discrimination! We have all lost
more
than anyone ever should. Please don't let us lose our chance for some compensation from this
fund.
Please give us the peace of mind that the U.S. government cares more about it's citizens than
the airline industry.
Individual Comment
Harding, N.J.