P000299
Wednesday, January 30, 2002 11:16 PM
My comments regarding the regulations
Dear Mr. Zwick:
Once again I write to you to share my thoughts and feelings regarding the
Interim Final Regulations for the Victim Compensation Fund.
My 36 year old husband, worked at on the floor
of Tower 1. Our second son was born just six days before the attack
and September 11 was our 3 year old son's first day of school. should
have been home, but he was a hardworking, dedicated man and instead, he took
the 5:37 AM train to work. What a mistake.
Everyday asks, actually cries, for his daddy. Just yesterday we were
driving in the car and said to me, " Mommy, just said da-da!".
Then he turned to and said, " Silly, Daddy is in the sky." That's
when it really hit me that will not learn the word da-da. Not at this
age. My poor sweet never even got to know his daddy who was one of
the most generous, loving and kind men you could ever meet.
It is my duty to ensure that my boys get what they deserve -- what their
daddy worked so hard for. I'm not even going to get into the whole ridiculous
issue about deducting life insurance payments as a collateral source. Must we
really accept the fact that our husbands had the intelligence and foresight
to prepare for the future in the event of a disaster, yet they will be
penalized for doing just that? This makes no sense, but apparently it is the
law and most likely won't be changed. What nonsense.
Below lists my objections to the regulations:
1) Deducting Social Security, Worker's Comp, pensions and other death
benefits as collateral sources of income. I am 33 years old and could quite
literally end up with close to $0 if these items are included (especially if
the life insurance is deducted).
2) The methodology used to formulate the presumed income tables seems to be
quite outdated and inapplicable. Many of our husbands did not receive small
5% raises each year -- they earned a lot of money because they worked their
tails off. And they worked in an industry that rewarded that hard work very
well.
3) The compensation table only goes up to $231,000. I understand that is
because only 2% of the country earns above that amount. Well this is a
different population. Our loved ones worked for the top companies in the U.S.
and earned top dollar because of their hard work. Many people earned well
above $231,000 and they have a right to know what their compensation level
will be. Please remember that we are being asked to enter into this fund and
once we do there is no turning back. Who in their right mind would sign up
for something that is binding and non-appealable without knowing the end
result, or at least 95% of the end result?
4) The proposed maximum award of $250,000 for non-economic damages is simply
ludicrous. Does the federal government actually think that that amount of
money is sufficient for the pain and suffering our husbands, wives, children
have gone through? Perhaps we could put those people who support the award
amount in a room and fill it with smoke, make it just 1000 degrees warm
(although it was even hotter for our loved ones) and lock the doors. How
would they feel after only one minute knowing that they couldn't get out --
that they were trapped and no one was going to rescue them? Our loved ones
were trapped in those towers for many, many minutes. There were plenty of
frightened phone calls made from the towers on September 11 telling their
loved ones that they weren't going to make it. I wonder what went through my
husband's mind as the smoke kept pouring in? I imagine it was the image of
me and the boys, his parents, brothers and sisters that kept him hopeful. But
I only think of the despair and fear that ran through his mind. I cannot
believe the federal government has the audacity to propose a maximum award of
$250,000 for his pain and suffering! That my sons' pain and suffering is only
worth $50,000. Walk in our shoes one day. That amount of money is an insult
to my husband who died for this country. A country that failed to protect its
citizens.
I like proposal: if the Federal government thinks they can cap the
non-economic loss at $250,000, then the Federal government can cap their
collateral source deductions at $250,000.
Obviously you can feel my anger and frustration. We are going through hell.
It has not gotten any easier with time. In fact, it's worse. The paperwork
just keeps piling up and now we have to deal with the Fund's regulations. I
understand the bill was put together with the right intent, it was just a bit
hasty and now we are paying the price.
I ask you to please think of our loved ones and those they left behind while
you are revising the regulations. The victims of the September 11 attacks
were true American heroes and our government needs to recognize that. These
men and women did not sign up to be on the frontlines of a terrorist war. Our
government should have been protecting them and they failed. Now the
government is asking us, encouraging us, to sign up for the Fund in order to
avoid litigation. Well, please honor our loved ones and revise these
regulations so that they are fair and equitable and maybe we will sign up for
the Fund.
Thank you.
Sincerely,
Individual Comment
Oceanport, NJ