Chicago Tribune
http://chicagotribune.com/news/sns-worldtrade-victimfunds.story
 
9/11 Victims' Families Eligible for $500,000 Each

By Karen Gullo
 
The Associated Press
December 20, 2001, 2:12 PM CST
 
WASHINGTON -- The victims' families and survivors of the Sept. 11
terrorist attacks can begin applying for federal aid Friday and will be
eligible for at least $500,000 each in aid, the Justice Department announced
today.
 
Kenneth Feinberg, the lawyer named to oversee the federal victims' money,
said offices would open Friday in New York and Washington to begin taking
applications, and that eligible Americans could receive a $50,000 advance
quickly.
"We do not want to drag our feet with red tape and bureaucracy," Feinberg
said, noting he wants money distributed within 120 days of receiving
applications.
Feinberg said he has received input on the fund from many sources, but
singled out comments from victims' families.

 "They have given me more valuable input than anybody, and I am deeply
appreciative," he said.
 According to the rules, Feinberg will develop a method for calculating how
much victims and families should get to ensure that "similarly situated
claimants should not receive dramatically different treatment."
 
While families can receive more than $500,000 depending on their
circumstances, the rules make clear that families of those who earned high
wages wouldn't necessarily receive more than families of victims who earned
modest wages.
 "A claimant should not assume that he or she will receive an award greater
than the presumed award simply because the victim had an income that
exceeded the income for the 98th percentile," the rules say.
 Life insurance and pension fund payments would be subtracted from the
awards, but not charitable contributions.
 The rules do not mention whether same sex partners of victims are
eligible.
David Smith of Human Rights Campaign, a gay and lesbian advocacy group,
said it appears same-sex partners could apply but whether they would be
eligible to receive awards would depend on a number of factors, including
whether domestic partner laws in the states where the partner resides.
 Under the program, much of Theresa Riccaradelli's economic future rests
with Feinberg, who will ultimately have the final say in how much each
family touched by the tragedy receives.
"It's the first step in making some big decisions," Riccaradelli said.
Feinberg said aid given to families through charitable organizations will
not be counted for or against the federal aid.
 
"Charity will be considered separate," Feinberg said.
 
The fund was set up in September as part of the $15 billion airline
bailout bill. Its eventual size will be determined by the number of families
that apply and the size of their awards.
The law establishing the fund makes clear that a portion of the award must
be based on the victim's income and earning potential. That ranges from the
millions of dollars earned by some bond traders to the far smaller salaries
of janitors and other low-wage workers.
The "non-economic" portion of the assistance, which includes pain and
suffering, offers more flexibility to equalize payments, Feinberg has
indicated.
 But a half-dozen family members who met with Feinberg as recently as this
week disagreed over the figures he provided to them. For the "non-economic"
portion of the award, the minimum ranged from $100,000 to $250,000, they
said. That amount could be adjusted upward to account for dependent
children, they said.
Feinberg said a hypothetical 41-year-old victim with two children who made
$80,000 per year could receive over $1.5 million in aid from the government.
Some family members said that the numbers they heard from Feinberg so far
had not been encouraging and might encourage them to seek redress in the
courts instead.
The some 3,000 victims of the Sept. 11 terrorist attacks may seek an award
from the fund only if they forfeit their right to sue anyone for damages.
They cannot do both.
The fund is authorized to provide compensation for personal injury or
death, not to compensate for lost physical property, like businesses and
inventory.
Copyright (c) 2001, The Associated Press
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