Chicago Tribune
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