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Head of federal Sept. 11 victims fund trying to make awards equal
By SHANNON McCAFFREY WASHINGTON – The lawyer appointed to oversee the government fund for victims of the Sept. 11 terrorist attacks said he will try to make awards to families as equal as possible even though the incomes of victims range widely.
Kenneth Feinberg said the portion of the cash award for things like pain and suffering could be used as "an equalizing device" to make up for disparities in the aid for lost wages.
"It would permit, while not exactly equal, more similar treatment among everybody," he told The Associated Press in an interview.
While he cautioned that no final decision had been made, "that is the direction I am leaning."
The fund was set up as part of the $15 billion airline bailout bill in September, which lets payments to victims be taken from the general treasury. The fund's 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 and loss of companionship, offers more flexibility to equalize payments, Feinberg said.
Aviation disaster lawyer Mitch Baumeister disagreed. Baumeister, who represents 40 World Trade Center victims and their families, said awards to each family or victim should be based on their individual circumstances.
"He cannot ignore the facts in one family that are compelling and then award more money to another family that doesn't have the same compelling facts only because he thinks it's fair," Baumeister said Friday.
Feinberg was appointed special master of the Sept. 11 victims fund late last month by President Bush. The nearly 3,500 victims of the attacks on the World Trade Center and Pentagon and the plane that crashed in Pennsylvania may seek an award from the fund only if they forfeit their right to sue anyone for damages.
There is no cap on the awards from the government fund. As special master, Feinberg will ultimately have the final say in how much each family receives.
Feinberg hopes to finish drawing up regulations governing the fund before the Dec. 21 deadline set by Attorney General John Ashcroft, who has said he wants to send checks to victims' families as soon as possible.
First, Feinberg must resolve a list of contentious questions such as which family members are eligible to collect from the fund. For example, should same-sex partners collect benefits?
Another key question is whether aid received by a victim's family from charities like the American Red Cross should count against the award from the government. The Red Cross has collected $603 million in its Liberty Fund for victims, and has distributed family gift program awards averaging $16,030 so far to 3,053 families. That figure is expected to climb.
"I've received a lot of mail from both sides on that," Feinberg said of the charity question. "We'll come up with something I hope will be fair and reasonable."
Feinberg said while the law banned a legal appeal of the government award, he plans to set up an internal administrative appeal process.
"Frankly, I think that's important," he said. "Claimants who are unhappy with the amount they receive should have a second crack at trying to increase the amount."
Such an appeal would ultimately come back to him for reconsideration.
___ One The Net:
Victims Compensation Fund: www.usdoj.gov/victimcompensation
APNP-12-07-01 1534CST
Associated Press Writer