N002679
THE ASSEMBLY
STATE OF NEW YORK
ALBANY
January 22, 2002
Mr. Kenneth R. Feinberg, Special Master
September 11th Victim Compensation Fund
The Feinberg Group, LLP
1120 20th Street N.W., Suite 740 South
Washington, D.C. 20036
Dear Mr. Feinberg:
I am writing to recommend changes to the federal regulations that govern the September 11th
Victim
Compensation Fund so that they more accurately reflect the spirit and intent of the federal law
and
ensure that all of the victims and their families are able to access the fund and receive full and
fair
compensation.
In your role as Special Master charged with overseeing the Victim Compensation Fund, I hope
that the
following revisions will be reflected in the final regulations:
Allow all injured victims to file claims for benefits, including those who continued to
work despite their injuries.
Ensure that all eligible victims and their families receive, at a minimum, some basic level
of award from the fund.
Eliminate the requirements for contemporaneous medical records and that injured
victims were required to seek medical care within 24 hours.
Prohibit the Immigration and Naturalization Service from using claim information against
undocumented workers or their families in deportation proceedings.
Ensure that domestic partners of victims are eligible for compensation.
Compensation should not be based on a pre-determined amount, but instead based on
individual circumstances of the victims and their families, and allow them to prove their
individualized losses.
Charitable contributions will not reduce the amount of compensation.
Advise claimants of their expected award before requiring a waiver of legal rights, so
they can make informed decisions about whether to waive the right to sue.
Ensure that compensation is provided for economic and non-economic losses. Pension
benefits, life insurance, and other "collateral source" payments are intended to only
cover economic losses, and should not be used to reduce the non-economic portion of
the award.
As a society, we will never be able to fully address the financial, emotional, and physical pain
that the
victims of the heinous attacks of September 11th and family members will face, however we can
and
must ensure that they have every opportunity to apply for the benefits of the Victim
Compensation Fund
as Congress envisioned, and, as important, receive full and fair compensation from the fund.
I hope that you will address these issues in an effort to more accurately reflect the will of
Congress and
to provide for all of the victims and their families, many of who are residents of my community,
in an
equitable and expeditious manner.
Thank you for your consideration of these comments.
Sincerely,
COMMENT BY:
Thomas P. DiNapoli
Member of Assembly