813
20
70359
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Wednesday, December 05, 2001 4:51 PM
Compensate ALL victims
Kenneth L. Zwick, Director
Office of Management Programs, Civil Division
U.S. Department of Justice
Please make sure that any funding for victims of the Sept. 11 terrorist
attacks on NY, Washington, and Penna include compensation for the partners
of gay and lesbian victims.
To do anything else would be to deny that these people, too, have lost and
are suffering. Whatever their preference in bed, these are human beings.
Their loved ones are dead.
How would you feel?
Individual Comment
Lewsiburg, PA
September 11 Email: Date
The local time and date when the message was written.
2001-12-05
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojA000969.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-12-05
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Friday, December 14, 2001 9:17 AM
Sept. 11 victims
Special Master Kenneth R. Feinberg
September 11th Victim Compensation Fund
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
To Mr. Feinberg:
I am writing to urge you to ensure fair treatment for all surviving families
of the tragedy on September 11th, including the children and families of
low-wage workers and gay and lesbian families.
Under traditional rules based on lost wages, the survivors of a bond trader
earning millions of dollars per year might receive thousands of times as
much compensation as the survivors of a dishwasher in one of the restaurants
destroyed. Justice requires looking far beyond the last paycheck to the
inherent worth of all those killed, so that a high minimum compensation
level is set to lessen the disparities. It would be a double blow to the
survivors to first lose their loved one and then watch as most of the
taxpayer money went to those who were already well off in the first place.
The second major issue has to do with recognizing the legitimacy of gay and
lesbian relationships and families. Gay and lesbian families are especially
vulnerable when one partner is killed. Because the option of marriage is
unavailable, these families may find themselves in the traumatic predicament
of having to prove that their union is legitimate. Fortunately, both the Red
Cross and the State of New York have already announced that they will not
discriminate against gay and lesbian families. The Department of Justice
should do the same.
Thank you for considering my comments. I look forward to hearing how you
will act on these very important issues.
Sincerely,
Individual Comment
Reading, MA
September 11 Email: Date
The local time and date when the message was written.
2001-12-14
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojA001732.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-12-14
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
November 26th, 2001
Dear Mr. Zwick,
My husband died in the North Tower of the World Trade Center on September 11th, We
have 3 children under the age 6. Below please find my comments in response to the
Notice of Rulemaking. I have addressed the points in your Notice by TOPIC as you have
indicated in your outline, except where I address point (C) in your General Approach to
Regulations...
Although I greatly appreciate the attempts of the US government to minimize the anxiety
of the families of the victims of the September 11th tragedy by providing an alternative to
litigation. it appears that the government is doing more to create a bureaucratic and
administrative nightmare for the victims of September 11 with how this fund may be
implemented, according to your notice.
In response to item (1) in your General Approach to Regulations, that individuals need
information on how the compensation program works before they determine whether the
compensation program is a viable alternative to continuing litigation with the airlines, let
me tell you first, that your plan targets a group of people who have had the very worst
possible nightmare and their backs up against the wall in terms of how to put their lives
together. Your proposal to waive our rights to sue the Airlines. Government, Port
Authority, etc. when we file our claim further backs us into a corner with no where to go.
Asking us to waive our rights to sue prior to knowing exactly what special Master is
offering in dollar, does not afford us all of the information we need to make the best
possible decision for our families. I believe that all of the surviving families need to have.
1.) all of the facts, specifically dollar amount and form of payment to make a decision.
2.) a process by which to appeal your compensation "offer".
TOPIC 1 The forms to be used should be easy to fill out by all claimants.
TOPIC 2 The Information to Be Included On the Claims Form
Eligibilty Death certificate of victim or
Proof of physical harm
I do not believe a statement for the amount of compensation sought should be the
burden put on the victim's families. If I ask for 5 million and someone else asks
for 10 million, will they end up with more just because they shot a little higher?
If you are indeed fishing for indications as to what our expectations of the victim
compensation plan are, I believe you need a more forthright process prior to the
development of the form used to file a claim. In short, the form should not be
your fishing expedition regarding your liabilty to each victim's family.
As I stated above, I believe the government has to have some sort of
predetermined guideline formula for the victim compensation plan. Below please
find three components that are necessary to include on the compensation
guidelines. Based on the following components, it seems that a formula could be
designed to fairly compensate all of the survivors of the victims.
Economic Loss= Total income (salary and Bonus Where
applicable) (see w-2, maybe highest if last 5 years) times the
number of years to retirement age.
Non-Economic Loss-awarded to all survivors of victim
including, but not limited to, spouse, children, and parents. Non-
economic losses for children could be put in trust. This is probably
the only component of the compensation for which an oral hearing
maybe necessary because there are subjective needs in each of the
individuals cases.
Pain and suffering of the Victim=Consistent equal amount
awarded to all "personal representatives" of the victim.
TOPIC 3 Procedures for Hearing and the Presentation of evidence
A claimant should be permitted to re-file the claim if it is not properly filed for
lack of adequate supporting information. The Special Master may not have the
right to dismiss a claim for lack of adequate supporting information, at least in the
case where a death certificate is provided. The Special Master should inform the
claimant what additional information is required to file the claim if a claim form
is not sufficient.
Regarding an oral hearing, I believe that there are too many variables in having
hearing officers. There would be too many varibles in the hearing process from
the different "hearing officers" themselves to different "quality levels" of
representatives of the claimants. Hence, I do not believe that having oral hearings
would result in an equitable result for all of the survivors of this tragedy. The
only component that I believe is subjective in the plan is the non-economic
component. Non-economic losses could be quantified in a grid so that their
subjective nature would have some sort of guidelines. With predetermined
guidelines, the likelihood of survivors feeling that they were being treated fairly
would be increased. A fair plan will more likely encourage participants.
TOPIC 4 Procedures to assist and individual in filing and pursing claims under this
title.
Those claimants that need assistance in filing the claim should be able to have one
provided by the Special Master. Hopefully the Special Master will make the
forms required to file a claim easy to submit without much need for assistance.
Once agin, if the form were adquately designed and the regulations consistent,
with the variables being income, number of children, age, etc, there should be no
reason for one to need assistance in submitting a claim in the economic, and pain
and suffering component of the plan.
Lastly, I believe that the goal of the Special Master is to provide a suitable
alternative to litigation for the victims of the September 11 tragedy. If the Special
Master's goal is to provide the greatest benefit to the survivors of this tragedy.
Why would we want legal fees in the mix? With regard to legal fees, I believe if
the process were more standardized and simplified, at least for those who
sustained the loss of a loved one, (which should be where the majority of the fund
is directed), the government could provide the greatest benefit to the claimants,
while not reducing awards through the distribution of legal fees.
TOPIC 5 Claimant Eligibility
Claimants who are seeking compensation in the case of loosing a loved one
should be processed with proirity. Eligibility should be in the form of a death
certificate.
TOPIC 6 Nature and Amount of Compensation
The overall objective of everyone involved in this process should be making sure
that the surviving dependants of the victims are adequately provided for, as they
are our future. To be raised in the United States and know that their mother or
father was horrifically murdered by a terrorist act, which occurred while their
parent was at work, is obscene. These children have a burden that no other child
in our history has ever had to bear. No one should have to live below the standard
of living that they would have had. In addition, the victim compensation plan
should include as mentioned earlier in this document, pain and suffering of the
victim, and non-economic losses to the families.
Economic Loss:
With regard to our last statement in this paragraph. "The
Department invites comments on how to address the economic
losses of individuals whose lost future income streams would have
been highly contingent, variable or unpredictable." I pose the
question, whose furture income streams are not? The fact is, a
majority of the victims were young and not even at their peek
potential. I believe in the instances where children are involved,
the Special Master needs to determine a formula that factors in
probable future income increases.
Non-economic losses:
The non-economic component should be divided by the pain and
suffering of the victim and the non-economic losses of parents,
spouses, and children.
When considering non-economic losses, I would like to point out
the long-term effects of this kind of trauma. The stress our entire
family is under is unbearable. The physical and psychological
aspects are just beginning to surface. When I look at pictures of
our family together last Thanksgiving, we are different people. We
look totally different now. You can see it. How will our health be
affected by this stress? I believe non-economic losses should
consider this issue.
Collateral Sources
I strongly urge the government not to reduce the award by any
collateral sources of income. Doing so would provide a
disincentive for Americans to do what we do best: Use all of our
resources to provide and secure the best possible lifestyle possible
for our families and ourselves. Deducting collateral sources would
be a great injustice, because you are penalizing those who have
maximized their time and resources to achieve and secure the
American dream. Furthermore, by doing so, the non-economic
losses become greater. One's life insurance premium could have
prevented a victim from making another investments (not to
mention the "joy of life" activities which its sacrifice may have
prevented), which would not have been considered a deduction in
this case. Hence, deducting life insurance would be extremely
prejudicial and discriminatory. Having an insurance premium
produced financial sacrifices. Do not further penalize us because
we were fiscally responsible in our estate planning. Additionally
other investments should have no bearing on the award. All
"collateral sources of income" represent what our loved ones left
us. Please do not disregard the sacrifices our spouses and loved
ones made in providing for their families. The life insurance and
other collateral sources of income/investment represent the
sacrifices that were made by my husband for our family. Hasn't he
sacrificed enough already?
Thank you for the opportunity to submit my comments. This fund is a critical component
toward putting our lives back together. Please remember us as you embark on this
difficult task.
Sincerely,
September 11th Victim Spouse
September 11 Email: Date
The local time and date when the message was written.
2001-11-29
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojW000735.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-11-29
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Thursday, December 06, 2001 4:48 PM
September 11 Victim Compensation Fund
Subject: September 11 Victim Compensation Fund
Kenneth L. Zwick, Director
Office of Management Programs, Civil Division
U.S. Department of Justice
Dear Mr. Zwick:
I am writing in response to the Department's request for public
comments regarding the forthcoming regulations for implementing
and administering the "September 11 Victim Compensation Fund."
I strongly urge the Department to draft regulations that ensure
compensation is available to all victims of the attack,
including the committed partners and the non-biological children
of gay and lesbian victims.
It is unquestionable that the devastating grief and economic
losses suffered by the families of gay and lesbian victims are
no less than that of other families. Just as the terrorists
drew no lines in choosing their victims, our country must draw
no lines in compensating those who suffered the most personal of
losses from these horrific attacks.
Many Americans lost their lives on September 11, each of whom
left behind loved ones. I strongly urge the Department to honor these
bonds by treating the families of gay and lesbian victims as you
would any other.
Sincerely,
Individual Comment
Eugene, OR
September 11 Email: Date
The local time and date when the message was written.
2001-12-06
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojA001210.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-12-06
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Monday, November 26, 2001 7:17 PM
Government funding for victims of 9-11
Dear Attorney General Ashcroft,
I hear somewhere that this is late in the day for us to send comments,
but surely you will consider all comments with a spirit of compassion.
This is particularly obvious since some of the heroes of the day were
gay.
>
> The deaths on September 11th were the result of an attack on America.
> Please do not discriminate against the unmarried partners of September
11th victims. All unmarried partners, gay or straight, young and old and
their dependents should be eligible for compensation.
>
Individual Comment
Valencia CA
September 11 Email: Date
The local time and date when the message was written.
2001-11-26
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojW000686.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-11-26
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Friday, December 21, 2001 6:03 AM
Help all victims of terrorist attack
Dear Mr. Zwick:
The very humane Fund for relatives of victims of the September 11 terrorist
attacks must include all relatives of all the victims.
This importantly should include the partners and children of same sex unions.
They suffer just as grievously for their deceased loved ones as do other
survivors, and their need for assistance is just as great.
Please do not give in to the importuning of callous homophobic groups and
individuals who would have the Department of Justice limit compensation to
survivors of heterosexual unions. They are interested in a political victory,
not humane assistance.
This Fund is intended for humane purposes; it is not a political statement, Mr.
Zwick.
Sincerely,
Individual Comment
Ann Arbor, MI
September 11 Email: Date
The local time and date when the message was written.
2001-12-21
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojN000235.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-12-21
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Friday, January 18, 2002 11:37 AM
a NYer's comment
I am glad to know that I can post my comment here since it would be fruitless to express a dissent through my Congressional delegatio--Maloney, Clinton and Schumer.
I am a New York resident/voter who was witness to the attack. Three friends of my family were killed. My local fire house lost 9 firemen. My city bears open wounds. I saved the NYT's two-page photo spread of the lost firemen and look at it every night before bed to remind myself that souls, not numbers, are remembered.
I also feel that the victims' families' complaints are entirely inappropriate, if not greedy. As others have noted, other victims of recent terrorist attacks have not received the incessant publicity or compensation they have. (And the Pentagon dead are completely forgotten in this mess.) I worry that the legislation behind your fund will set a unattainable standard for compensation awards for all future victims. Just to give an example, how will the government compensate the victims of a biological attack, or other large-scale disaster?
There is no way on earth that we citizens can ever fully compensate the victims' families. Their loss is unimaginable, but there must be limits on monetary damages.
The generosity of this nation has been one of the most remarkable aftereffects of this tragedy. I myself have contributed blood, money, personal counseling, participation in fund-raising efforts, and patronage of small businesses in the financial district. I am not unique in these efforts. But I am tapped out, especially for sympathy, with this saga of "victimhood."
I have not yet seen a comprehensive account of the total monies available to survivors. I believe that your fund does not include public and private efforts to compensate firemen, police or Port Authority officials, or private efforts by affected firms to compensate their employees' families. If this is correct, you would provide a public service by noting this. Perhaps a news service will follow up.
I think you will find that increasing numbers of Americans share my fed-up feelings. The families have become just another special interest group and politicians are pandering to them, as usual. Disapproval is not a politically correct opinion among other thought-leaders, so few are willing to express this viewpoint publicly. Nonetheless and regrettably, dissent is growing among individuals with no spokesmen It's a very sour closure for a great national and personal tragedy.
I'm very glad to know your web site has provided a forum to express my opinion. Thank you for your efforts to do the best you can, for all of us.
Individual Comment
Manhattan
September 11 Email: Date
The local time and date when the message was written.
2002-01-18
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojN001984.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2002-01-18
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
March 16, 2002
Mr. Kenneth L. Zwick, Director
Office of Management Director
Civil Director
U.S. Department of Justice
Main Building - Room 3140
950 Pennsylvania Avenue
Washington, DC 20530
Dear Mr. Zwick:
I am writing the letter regarding the Federal Compensation Program. My husband, , was killed in the World Trade Center attack. He did not work in the towers. He and his partners unfortunately picked the wrong day to have a breakfast meeting at Windows on the World. My husband worked as a broker on the floor of the American Stock Exchange. He made a good living. The compensation program will not use his salary when it decides how much were are entitled too. The plan states he would have retired at 62 years of age. His father will be 93 years old next month. He is still working as a broker on the floor of the exchange. My son in college was hoping to work with him. Who is to say that my husband wouldn't have worked until he was 93. Both of his grandfathers lived into their nineties.
My children are 23, 20 and 17. Mr. Feinberg thinks that only dependant children under 18 are entitled to anything under this plan. Well, who has been providing financial and emotional support to these kids? Who pays for college tuition, food, shelter, clothes, etc. for children once they reach 18. Maybe my kids can go to Mr. Feinberg for support.
My husband, paid his own life insurance premiums. He had his own corporation as a self employed individual so any contributions made to his 401K plan was his own money.
My lawyer seems to think I will receive just about nothing when everything is deducted. It's as if my kids lost no one because of their age. My husband was alive when my son spoke to him on is cell phone, He was trapped and had no way out. I guess no one is responsible since no one wants to sue when people sue and get millions of dollars when they spill hot tea on themselves.
In August my daughter will be married. My sons will both be in college. I will be totally alone. Instead of going to Italy with my husband, I have to face the next 20 years of being alone. I only drive locally. My son has applied to colleges he hasn't seen yet because I can't drive there. My husband was supposed to be here to walk my daughter down the aisle, see his children graduate from high school and college. He was supposed to have grandchildren. He lost out on everything. We lose out on his financial support, emotional support, love and companionship. This seems to be worth only next to nothing. Because my children are too old to be counted as children. If his real salary were used then
maybe we would get some compensation but Mr. Feinberg has made it impossible to do even that.
Very truly yours,
Individual Comment
Massapequa Park, NY
September 11 Email: Date
The local time and date when the message was written.
2002-03-16
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojR002898.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
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full
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yes
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yes
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born-digital
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email
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no
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2002-03-16
-
Dublin Core
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Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Sunday, November 25, 2001 9:38 PM
WORLD TRADE FAMILIES
TO WHOM IT MAY CONCERN:
A. WE BELIEVE THERE SHOULD BE NO AGE CAP ON THE EARNINGS POTENTIAL OF THE VICTIMS OF THIS TERRIBLE TRADEGY. WHAY SHOULD THEY HAVE A CAP IF THE REST OF US ARE LOOKING AT RETIREMENT NOW STARTING AT AGE 70.
B. THERE SHOULD BE NO DEDUCTIONS FOR ANY CHARITY RECEIVED BY THE VICTIMS DEPENDANTS. THEY ARE ENTITLED TO THEIR SHARE REGARDLESS OF ANY GIFTS THEY MAY HAVE RECEIVED.
C. LIFE INSURANCE WAS PAID FOR , BY THE VICTIM AND SHOULD NOT HAVE ANY BEARING ON WHAT THE FAMILY HAS A RIGHT TO.
D. THE RIGHT TO APPEAL SHOULD NOT BE DENIED TO THOSE WHO ARE SUFFERING DUE TO THE TRAGIC LOSSES INFLICTED ON THEM BY THIS HORRIFIC EVENT.
Individual Comment
September 11 Email: Date
The local time and date when the message was written.
2001-11-25
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dojW000547.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
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full
Posting
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yes
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yes
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born-digital
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email
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yes
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no
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2001-11-25
-
Dublin Core
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Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Thursday, January 03, 2002 7:37 PM
Protect Traditional Marriage
Mr. Kenneth Zwick
Office of Management Programs Department of Justice
Washington. DC
Dear Mr. Zwick:
I
want to express my opposition to any effort by the federal government to provide
9-11 victim compensation funds to "domestic partners" of unmarried
survivors of the terrorist attack upon our nation.
Funds
disbursed through the September 11th Victim Compensation Fund of 2001 should
only go to the surviving family members of those who died on 9-11. Funds must go
to the widows, widowers, orphans, and other blood-related or adopted members of
the family--not to unmarried sexual partners of those who died.
To
provide funds to "domestic partners" is to undermine the traditional
definition of marriage and family to include any number of sexual liaisons
between same-sex or opposite-sex unmarried couples. Many homosexuals and
swinging heterosexuals, for example, engage in sex with multiple partners. Do we
provide funds to each of the sexual partners? Where do we draw the line on how
many "domestic partners" a person may have?Homosexual
activists are exploiting the 9-11 tragedy by asking the federal government to
redefine what constitutes a legitimate "family" under the law. In
fact, homosexual activist      , writing in Out magazine
has openly called for the subversion of the concept of marriage between a man
and a woman. He has urged homosexuals to fight for the legalization of
homosexual marriages and once legalized to "redefine the institution of
marriage completely . . . . to debunk a myth and radically alter an archaic
institution. . . . The most subversive action lesbians and gays can under
take--and one that would perhaps benefit all of society--is to transform the
notion of 'family' entirely."
If
the DOJ provides funds to "domestic partners," it will be helping
     accomplish his goal: That of redefining marriage and altering what he
calls an "archaic institution."
We
also oppose September 11th Funds going to the estates of the deceased instead of
to their surviving family members. No one can know for certain where these funds
will end up if they are deposited in the estate of a person who has died. The
person may have willed his estate to a terrorist, racial hate group, or even to
an organization like the North American Man-Boy Love Association. No one will
know unless each person's will is examined by a DOJ lawyer.
The
money should go to the surviving family members of the deceased, not to the
estate or to the surviving "domestic partner."
Individual Comment
Orlando, FL
September 11 Email: Date
The local time and date when the message was written.
2002-01-03
Dublin Core
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dojN001328.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
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full
Posting
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yes
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yes
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born-digital
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email
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yes
Described by Author
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no
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2002-01-03
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Monday, March 11, 2002 11:13 PM
How do you spell "relief?"
Dear thoughtful and wise elected or appointed officials:
Please tell me that the following, which I received today from an outraged colleague, is just another email hoax. It sounds so surreal and, well, UNamerican. In case you can only confirm that it is true, I'll just mention that though you consider me a sub-type of citizen than you would a heterosexual, I am an enthusiastic voter.
Thank you for your time and continued concern about the welfare of every citizen of this great country.
Sincerely,
Individual Comment
September 11 Email: Date
The local time and date when the message was written.
2002-03-11
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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dojR000333.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
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yes
Source
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born-digital
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email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
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2002-03-11
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
December 15, 2001
Special Master Kenneth R. Feinberg
September 11th Victim Compensation Fund
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
To Mr. Feinberg:
I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September
11th, including the children and families of low-wage workers and gay and lesbian families. Under
traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per
year might receive thousands of times as much compensation as the survivors of a dishwasher in one of
the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of
all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a
double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money
went to those who were already well off in the first place.
The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and
families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the
option of marriage is unavailable, these families may find themselves in the traumatic predicament of
having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New
York have already announced that they will not discriminate against gay and lesbian families. The
Department of Justice should do the same.
Thank you for considering my comments. I look forward to hearing how you will act on these very
important issues.
Sincerely,
Individual Comment
Santa Fe, NM
September 11 Email: Date
The local time and date when the message was written.
2001-12-15
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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dojA005185.xml
911DA Item
Elements describing a September 11 Digital Archive item.
Status
The process status of this item.
approved
Consent
Whether September 11 Digital Archive has permission to possess this item.
full
Posting
Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
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email
Created by Author
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yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
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2001-12-15
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
January 18, 2002
By Federal Express with Attachments
By Fax and E-mail without Attachments
Mr. Kenneth L. Zwick
Director, Office of Management Programs
U.S. Department of Justice, Civil Division
Main Building, Room 3140
950 Pennsylvania Avenue
Washington, DC 20530
Comments on the Interim Regulations for the September 11 2001 Federal Fund:
The Case for Recognition of "Common Law" Spouses
Dear Mr. Zwick:
In response to your request for comments from the public regarding the interim
regulations for the federal compensation scheme, we write to propose that the regulations be
modified to recognize as encompassed in the term "spouse," what many states recognize as a
"common law" spouse.
A. Background to this Submission
By letter dated December 18, 2001, we submitted to the Special Master our
suggestion that the regulations governing the September 11 Fund recognize and protect the
interests of so-called common law spouses. By common law spouses, we mean domestic
partners who have lived in a spousal relationship, but have not been ceremonially married. A
number of states recognize common law marriage. Although they differ in their detail, broadly
speaking, the laws of such states typically require that there be no impediment to marriage (such
as another spouse) and that there be evidence of an agreement to live together as husband and
wife. Such agreement is normally evidenced by actual cohabitation and a variety of other factors
including, most importantly, the reputation of the couple amongst their friends and colleagues as
being husband and wife. Unfortunately, New York is not one of those jurisdictions that
recognize common law marriages. This places common law spouses of September 11 victims
who were domiciled in New York in an extremely precarious position.
Our concern is epitomized by the situation of a particular victim of the World
Trade Center attacks,      .      had lived with a victim of the attacks,
     , for over ten years. They had two children together, a boy aged six and another son
who has just turned one, whom they were raising together as a family. They jointly owned their
apartment and both their names were on the mortgage. In the only surviving documentation
identifying beneficiaries of      benefits, a stock option grant, he identified Ms. as the beneficiary and described her as his wife. Moreover, his friends and business
colleagues viewed her as his wife. For all practical purposes she was his wife.
Unfortunately, as noted, New York law does not recognize relationships such as
that between Mr.      and Ms.      to be marriages. Equally unfortunately, as did so
many September 11 victims, Mr.      died intestate. The combined result is that Ms.     
has no legal claim to any portion of Mr.      estate. Although, under New York's law of
intestacy, Ms.      two infant children will be among the beneficiaries of their father's
estate, Ms.      will have to administer their money as guardian of their property. In this
fiduciary position, Ms.      management of such funds will be supervised by the
Surrogate's Court and she will only be able to use the funds for the support and education of the
children as approved by the court. In a very real way, she will not be free to bring up her
children in the best way she judges, but will be subject to judicial oversight. And when they
attain their majority, she will be left with no financial resources other than whatever savings she
can make on her own income, currently $20,000 a year. Prior to his death, Mr.      had been
the family's primary financial provider, earning approximately $70,000 a year, before bonuses
and tax. In light of the drastic reduction in her family's income upon his death and her very real
concerns for her own financial future without her husband's support, Ms.      will be
obliged to continue working notwithstanding the needs of her children as a result of their father's
tragic and untimely demise.
In making our December 18 submission, it was our hope that the regulations
promulgated for the September 11 Victim Compensation Fund would permit common law
spouses in the position of Ms.      some recovery. Regrettably, we do not believe that they
do so.
B. The Purpose of the September 11 Legislation
The stated purpose of Title IV of the September 11 Legislation, which created the
September 11 Victim Compensation Fund of 2001, is "to provide compensation to any
individual (or relatives of a deceased individual) who was physically injured or killed as a result
of the terrorist-related aircraft crashes of September 11, 2001."
In releasing the Interim Regulations, Special Master Kenneth Feinberg eloquently
described the Fund as "an unprecedented expression of compassion on the part of the American
people to the victims and their families devastated by the horror and tragedy of September 11.
In one important sense, the Fund symbolizes the commitment of the American people to
those most in need." He stated that the goal of the regulations is, "in an expedited and efficient
manner," to "provide fair, predictable and consistent compensation to the victims of September
11 and their families."
C. The Provisions of the Statute
The statute sets up a procedure whereby a claimant who is an "eligible
individual" may file a claim for compensation under the Fund. A claimant is an "eligible
individual" if he or she was on board one of the crashed planes or was present at the site of the
World Trade Center, the Pennsylvania crash site, or the Pentagon at the time of, or in the
immediate aftermath of, the crashes, and suffered personal injury or death as a result. In the case
of an eligible individual who is dead, the personal representative of the decedent shall be deemed
eligible to make the claim on the deceased claimant's behalf.
The claim shall be for economic and non-economic losses that the claimant
suffered as a result of the crashes. The statute provides that "economic loss" shall mean "any
pecuniary loss resulting from harm ... to the extent recovery for such loss is allowed under
applicable State law." In the case of someone killed at the World Trade Center, this will entail
determining what forms of economic loss can be recovered on behalf of that deceased person
under New York law. The statute does not look to state law to define non-economic loss, but
rather sets forth its own very broad definition.
Save for the general statement that the legislation's purpose is "to provide
compensation to any individual (or relatives of a deceased individual) who was physically
injured or killed as a result of [September 11]," the statute is silent as to who may be deemed a
beneficiary of an award made to a deceased person from the September 11 Fund and the manner
in which such an award should be distributed. The statute does not define "relatives." The
statute does not specify that state law shall govern either the determination of who may be the
beneficiary of an award made to a deceased person under the Fund or the definition of
"relatives." Such determinations accordingly fall within the general power of the Special Master
to "promulgate all procedural and substantive rules for the administration of this title."
D. The Interim Regulations
The Interim Regulations contain the following provision regarding the
distribution of an award to a decedent's beneficiaries.
Section 104.52. Distribution of award to decedent's
beneficiaries
The Personal Representative shall distribute the award in a
manner consistent with the law of the decedent's domicile or
any applicable rulings made by a court of competent
jurisdiction. The Personal Representative shall, before
payment is authorized, provide to the Special Master a plan for
distribution of any award received from the Fund.
Notwithstanding any other provision of these regulations or
any other provision of state law, in the event that the Special
Master concludes that the Personal Representative's plan for
distribution does not appropriately compensate the victim's
spouse, children or other relatives, the Special Master may
direct the Personal Representative [that] all or part of the
award be distributed to such spouse, children or other
relatives.
The Interim Regulations do not define "relative." They do, however, define a
"spouse" (subject to certain qualifications) as meaning a "person reported as spouse on the
victim's federal tax return for the year 2000," define "dependents" (subject to certain
qualifications) to mean "those persons so identified by the victim on his or her federal tax return
for the year 2000," and define "beneficiary" to mean "a person entitled under the laws of the
state of the decedent's domicile to receive payments or benefits from the estate of or on behalf of
the decedent on whose behalf the claim to the Fund was filed."
As such, the Interim Regulations do not protect the interests of "common law"
spouses, such as Ms.      , whose husband,      , was domiciled in New York. If
the distribution plan is to be made in accordance with New York law, Ms.      will not be
entitled to recover any amount from the award made from the Fund in respect of Mr.      ,
since New York law does not recognize common law marriages. Moreover, in light of (i) the
fact that the definition of "spouse" under the Interim Regulations would exclude Ms.     
and (ii) the fact that the Interim Regulations fail to define the term "relative," it is wholly unclear
whether Ms.      would even have recourse to ask the Special Master to modify any plan of
distribution that, following New York law, excludes her as a beneficiary.
E. Why the Regulations Should be Changed
As they stand, the above provisions of the Interim Regulations are fundamentally
unfair and lead to arbitrary and inconsistent results.
First, the failure of the Interim Regulations to deal with common law spouses in
the position of Ms.      is fundamentally unfair. Ms.      has suffered the same
emotional loss as any ceremonially married spouse of a victim of the terrorist attacks the loss
of the man with whom she had lived for more than ten years and the father of her two children.
She has to explain the loss of their father to her children and to deal with her own grief just like
any other spouse. She also has to face the same financial insecurities due to the loss of her
family's main source of income as any other spouse. In short, she has to face a future financially
and emotionally on her own just like any other widowed spouse.
Second, the Interim Regulations discriminate against common law spouses of
New York domiciled victims since the laws of a number of other states recognize common law
marriages. The victims of September 11 were domiciled all over the United States; any common
law spouses of victims domiciled in states recognizing this form of marriage would be entitled to
recover from an award under the Fund. Similarly, Washington D.C., the site of the Pentagon
crash, recognizes common law marriages. Thus, a common law spouse of a victim who was
domiciled in Washington, D.C., would be entitled to receive compensation from the Fund's
award to the victim. This is a federal fund what people whose loved ones have been killed
receive under it should not depend on the vagaries of the laws of individual states, particularly
where the application of such laws will result in two people in otherwise identical circumstances
being treated wholly differently the common law spouse of, for example, a Texas,
Pennsylvania or D.C. domiciled victim being permitted compensation as a spouse, the common
law spouse of a New York domiciled victim being denied any compensation at all.
Finally, even within the group of "common law spouses" of New York domiciled
victims, there will be little consistency. Recognizing the inherent equity of claims brought by
common law spouses, New York courts have, in the words of one commentator, "bent over
backwards to find common law marriages when a couple has spent the briefest of periods
together in jurisdictions that continue to recognize the doctrine." Thus, persons in similar
positions to that of Ms.      , but who have been fortunate enough to have spent as few as a
couple of weekends in such a jurisdiction, would, under New York law, be treated as a spouse.
Such arbitrary matters as where a couple has spent a vacation should not be determinative of
whether the surviving partner of a familial relationship can receive compensation from a federal
fund designed to provide for the victims of this nation's worst terrorist attack.
In short, the Interim Regulations, as they pertain to the ability of a common law
spouse to be a beneficiary of a deceased claimant's award from the Fund, fail in their primary
mission to provide "fair, predictable and consistent" compensation to the victims of the
September 11 terrorist attacks.
F. Proposed Revisions
We propose accordingly five relatively simple amendments to the Interim
Regulations:
First, we propose that the definition of "beneficiary" in regulation 104.3(a) be
amended as follows (amended language is in italics):
(a) Beneficiary. The term beneficiary shall include:
(1) a dependent as defined in subsection (b) of this section, and
(2) a spouse as defined in subsection (c) of this section, and
(3) a relative as defined in subsection (d) of this section, and
(4) a person entitled under the laws of the decedent's domicile
to receive payments or benefits from the estate of or on behalf
of the decedent on whose behalf the claim to the Fund was
filed.
Second, we propose that the definition of "spouse" in regulation 104.3(c) be
amended as follows:
(c) Spouse. The Special Master shall identify as the spouse of
a victim:
(1) The person reported as spouse on the victim's federal tax
return for the year 2000 unless:
(i) The victim was married or divorced in accordance with
applicable state law on or after January 1, 2001; or
(ii) The victim was not required by law to file a federal
income tax return,
or
(2) In the event that no spouse is identified pursuant to
subsection (c)(1) of this section, the person who is the spouse
of a victim under the laws of the state of domicile of the victim,
or
(3) In the event that no spouse is identified pursuant to
subsections (c)(1) or (c)(2) of this section, the person who
cohabited with the victim under such circumstances that the
victim and the person held themselves out to be one another's
spouse. The existence of such a relationship may be evidenced
by a nexus of factors, including but not limited to, whether the
victim and such person lived together, the length of the
relationship between such person and the victim, whether the
victim ever described or referred to such person as his or her
spouse, whether friends, neighbors and business colleagues
viewed the victim and such person as spouses, in the event that
the victim and such person had children whether they lived
together with such children in a familial relationship, and such
factors as common ownership of property, common
householding and shared budgeting.
Third, we propose that the definition of "dependents" in section 104.3(b) of the
Interim Regulations be amended as follows:
(b) Dependents. The Special Master shall identify as
dependents:
(1) Those persons so identified by the victim on his or her
federal tax return for the year 2000 unless:
(i) The claimant demonstrates that a minor of the
victim was born or adopted on or after January 1, 2000;
or
(ii) Another person became a dependent in accordance
with then applicable law on or after January 1, 2001; or
(iii) The victim was not required by law to file a
federal income tax return for the year 2000;
and
(2) Persons who make a showing of unilateral dependence or
interdependence upon the victim, which may be evidenced by a
nexus of factors, including but not limited to, common
ownership of property, common householding, shared
budgeting, and the length of relationship between such person
and the victim.
Fourth, we propose adding to section 104.3 of the Interim Regulations a definition
of the word "relative" as follows:
(f) Relative. For the purposes of these regulations, the term
relative of a victim shall be construed in its broadest possible
sense and specifically shall include, but not be limited to,
dependents as defined in these regulations.
Fifth, and finally, we would propose amending regulation 104.52 as follows:
The Personal Representative shall distribute the award in a
manner consistent with the law of the decedent's domicile or
any applicable rulings made by a court of competent
jurisdiction, save that for the purposes of determining whether
a person was the victim's spouse, the definition of "spouse"
set forth in these regulations shall be applied.
Together we believe that these relatively simple amendments will afford fairness
and consistency to the regulations and permit common law spouses to be recognized as spouses,
relatives and beneficiaries of deceased victims of the September 11 attacks regardless of the
vagaries of the laws of individual states and arbitrary circumstances such as where a couple
spent their vacations.
G. Conclusion
If the Fund is to "symbolize the commitment of the American people to those
most in need," it should not permit victims of the September 11 terrorist attacks to slip through
the cracks. If its objective is to provide "fair, predictable and consistent compensation" to
victims of September 11, it should treat like cases in a like fashion and should not permit
arbitrary factors, such as where a victim is domiciled or where a victim and his partner spent a
few days or weeks in the long history of their relationship, to determine the right of someone
who built a life with the victim to be compensated for their tragic loss. We strongly urge that the
Special Master consider and adopt our proposed amendments to permit common law spouses of
deceased victims of September 11 to be compensated from those victims' awards under the
Fund.
Naturally should you have any questions or wish us to provide further assistance,
we shall be more than happy to provide such answers and help as you may need.
Sincerely,
Individual Comment
New York, NY
ATTACHMENT 1
December 18, 2001
Mr. Kenneth L. Zwick
Director, Office of Management Programs
U.S. Department of Justice, Civil Division
Main Building, Room 3140950
Pennsylvania Avenue
Washington, DC 20530
Dear Mr. Zwick:
In response to your request for comments from the public regarding the guidelines for the
federal compensation scheme, we would like to bring one concern to your attention.
I and certain of my colleagues are acting as "facilitators: under the program established
by the New York City Bar Association to provide legal services for people who lost family
members in the September 11 attack on the World Trade Center. During the course of our work,
we have encountered a number of people who lost their "common law" spouses in the attack.
Although common law marriage is not recognized in New York State, we have come to realize
that such relationships are quite common in some segments of the community, especially among
immigrants. Not infrequently these relationships are of many years duration with children
brought up by both parents as a family unit. However because state law does not recognize
common law marriages, the surviving spouse of a common law marriage has no entitlement
under the laws of intestacy. Since many of the victims died intestate, the financial hardship to
surviving common law spouses (who are also suffering the same emotional loss and trauma as
legally married spouse) can be great. As the federal government establishes procedures and
guidelines for the federal compensation fund, we would strongly suggest that common law
spouses of WTC victims, many of whom are parents of young children and who were dependent
on the victim for their income and support, have the same standing to make claims from the fund
as legally married spouses.
Here is the story of one such person.
"H" was a database manager for a company located in the WTC. Until his death, H lived
with "W" and their two children, aged 9 months and 6 years, in Queens, New York. Although
they were never legally married, H and W had lived as husband and wife for more than ten years
and were joint owners of their co-op and jointly held the mortgage on their apartment. The
combined income of H and W was approximately $100,000 per year of which H provided
approximately 75%.
After H's death on September 11, W found herself with few options. H had not made a
will and since W had not been legally married to H, she is unable to inherit from him under the
rules of intestate succession in New York. In fact, she must petition for guardianship of her
children's property simply to administrate H's estate on behalf of their children. Although W will
be able to seek to be paid money from the children's share of the estate to help her support them,
in order to do so she will have to petition the Surrogate's Court. Since the Surrogates's Court is
primarily concerned with the preservation of the corpus of the funds until the children attain
majority, she will most likely face obstacles in invading these funds. Finally, W will lose
complete control over the funds once her children reach majority. With few assets of her own,
W will have virtually nothing to support herself as she enters retirement.
In this particular instance, W's plight is complicated by the destruction of the records
designating H's selection of beneficiaries under certain insurance policies. H had several
employer based insurance policies and a 401K plan. He had commented on many occasions,
that in the event of his death, W would be well provided for. The 401k plan in particular was
supposed to be their nest-egg. Unfortunately, any and all beneficiary information was kept by
H's employer at its place of business and not communicated to the insurers; the documentation
was destroyed in the September 11 attack on the World Trade Center. Accordingly, it is likely
that such funds will be distributed to H's heirs in intestacy - his children - and by-pass W
altogether.
W has been terribly affected by this national tragedy. She lost the man she considered to
be her husband, the father of her children and the primary income provider for her family. Her
position is no different from that of legally married spouses, except that she has none of the
financial security that a legally married spouse in her position would have.
It is my understanding that W's situation is far from unique. In the period immediately
following September 11, Governor Pataki, by executive order, provided that non-married
partners of WTC victims could make applications for emergency assistance from the Crime
Victims Compensation Board. In so doing, the Governor stated: "[a] person shall be eligible for
awards upon a showing of unilateral dependence upon such victim, which may be evidenced by
a nexus of factors, including but not limited to common ownership of property, common
householding, shared budgeting and the length of the relationship between such person and the
victim." We suggest that that the federal fund adopts a standard that similarly recognizes the
long-term losses and needs of common law spouse such as W.
Sincerely,
ATTACHMENT 2
Martindale-Hubbell Law Digest 2001 - State Laws re: Common Law Marriages
ATTACHMENT 3
208 A.D. 2d 882
617 N.Y.S.2d 903
(Cite as: 208 A.D.2d 882)
C
ATTACHMENT 4
DOMESTIC RELATIONS LAW
ARTICLE 3. SOLEMNIZATION, PROOF AND EFFECT OF MARRIAGE
ATTACHMENT 5
SURROGATE'S COURT PROCEDURE ACT ARTICLE 17. GUARDIAN AND
CUSTODIANS
NY CLS SCPA ยง 1713 (2001)
ATTACHMENT 6
115 STAT. 230 Public law 107-42-SEPT. 22, 2001
TITLE I - AIRLINE STABILIZATION
ATTACHMENT 7
[Federal Register: December 21, 2001 (Volume 66, Number 246)]
[Rules and Regulation]
[Page 66273-66291]
ATTACHMENT 8
Rev. Rul. 58-66
1958-1 C.B. 60, 1958 WL 10653 (IRS RRU)
Internal Revenu Service (I.R.S.)
Revenue Ruling
Published: 1958
Section 151. -- ALLOWANCE OF DEDUCTIONS FOR PERSONAL EXEMPTIONS, 26 CFR
1.151-1: Deductions for personal exemptions.
ATTACHMENT 9
75 ORLR 709
(Cite as: 75 Or. L. Rev. 709) C
Oregon Law Review
Fall 1996
*709 A FEMINIST PROPOSAL TO BRING BACK COMMON LAW MARRIAGE
ATTACHMENT 10
STATE OF NEW YORK
EXECUTIVE CHAMBER
No. 113.30
September 11 Email: Date
The local time and date when the message was written.
2002-01-18
Dublin Core
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2002-01-18
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The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Monday, March 18, 2002 12:04 AM
discrimination
I cannot believe after the tragic events of September 11th that we still have prejudice and hatred in the hearts of some. Many people lost their lives in such a short moment. It doesn't matter whether or not they we're gay or straight. It matters that they were Americans! Do the right thing, the decent thing, the American thing. Help everyone from September 11th. Help the Americans who lost their loved ones when our nation was attacked!
Sincerely,
Individual Comment
September 11 Email: Date
The local time and date when the message was written.
2002-03-18
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2002-03-18
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Friday, March 22, 2002 10:20 AM
Stop the Discrimination
It is a sad day in America when our government continues to discriminate
against a large segment of the populace ESPECIALLY when some members of that
segment were heroes of 9/11!!!
To give aid and assistance to fetuses and illegal aliens and NOT to families
of gays who died in the 9/11 tragedies is, in my judgment, a horrible
travesty of justice and should NOT be allowed. To overlook the laws on the
one hand to give aid and then flaunt the law on the other when it comes to
gays, MUST be stopped immediately.
Please change this very un-American policy immediately and give aid to all
that deserve it due to their circumstances on 9/11 and not discriminate
because of someone's lifestyle.
Individual Comment
September 11 Email: Date
The local time and date when the message was written.
2002-03-22
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
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2002-03-22
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Monday, November 12, 2001 7:05 AM
We Are Victims, Too
My understanding is that victims of the September 11th tragedy are defined as
families of those who perished as well as individuals who are now unemployed
(or whose businesses sustained prolonged closures) as a result of the
attacks. Without a doubt these people have suffered the most, and will
continue to suffer for a significant period of time.
However, there is a population of individuals who I do not believe qualify
under the accepted definition of victims ... but these are people whose lives
have been turned upside down since September 11th. These "non-victims" live
in the immediate vicinity of Ground Zero. I speak from personal experience.
I live at . The complex is directly across the street from "the site" (or the
sight) of the collapsed towers. While my apartment sustained no physical
damage, it is nevertheless contaminated with dust. I was lucky. My apartment
faces south along the water's edge. Many of Gateway's residents in the
buildings facing the towers found that their apartments caught on fire when
flaming debris was jettisoned across the street from the World Trade Center.
Others have had to sift through the dust and debris land landed in the
apartments when their windows blew in from the force of the collapses.
For a variety of reasons, everyone in the neighborhood was prohibited from
reoccupying their apartments for a period of time. FBI and police designated
the area a crime scene. Emergency and rescue workers commandeered buildings
and streets. For a time, the area belonged to the authorities ... and rightly
so.
In the past month or so, many buildings have been readied for reoccupation,
but many in the neighborhood cannot yet return because particulate matter in
the air (emanating from the still-buring fires) causes respiratory distress,
nosebleeds, asthma, headaches, etc. While we have been assured by the EPA
that the air poses no long-term health risks, residents are suffering from
symptoms that make the area a short-term health nightmare.
While some downtown residents were smart enough to purchase homeowners or
renters insurance, many, many were uninsured. I am uninsured. Every uninsured
person has had significant out-of-pocket expenses: temporary housing, HazMat
decontamination, the cost of HEPA air filters (recommended by the Department
of Health, OSHA and the EPA), extraordinary meal charges, dry cleaning, etc.,
etc. A subset of the population have incurred (or will incur) additional
expenditures: moving and storage costs, medical (and psychological) bills,
charges to replace damaged property and the like. I will be incurring moving
and storage expenses, as I feel forced to move out of BPC, due to the
uninhabitable nature of the air environment and the unknown dangers that
exist from being exposed to that air.
Although there are serious financial considerations for downtown residents,
the emotional toll is hard to quantify. Many have been so traumatized that
their professional performance and personal relationships have suffered.
Our once tranquil neighborhood has suffered too. Transportation options are
significantly reduced (and will be for years to come). Goods and services are
greatly diminished (many stores have permanently abandoned the area because
they relied heavily on the patronage of those who worked and visited the
World Trade Center complex). Air quality is compromised (we've been told that
our children should not exert themselves when playing outdoors.)
Many have chosen to move to other parts of the City, or out of the city, as I
have. Others have chosen to stay and rebuild the neighborhood putting
themselves at great short, and long term risk to their health. All have
suffered.
We are victims too. Please help us.
Sincerely,
Individual Comment
New York, NY
September 11 Email: Date
The local time and date when the message was written.
2001-11-12
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
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2001-11-12
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Saturday, January 19, 2002 5:28 PM
Justice help all terrorist victims
Dear Mr. Zwick:
The very humane Fund for relatives of victims of the September 11
terrorist attacks must include all relatives of all the victims.
This importantly should include the partners and children of same sex
unions. They suffer just as grievously for their deceased loved ones as
do other survivors, and their need for assistance is just as great.
Please do not give in to the importuning of callous homophobic groups
and individuals who would have the Department of Justice limit
compensation to survivors of heterosexual unions. They are interested
in a political victory, not humane assistance.
This Fund is intended for humane purposes; it is not a political
statement, Mr. Zwick.
Sincerely,
Individual Comment
Seattle, WA
September 11 Email: Date
The local time and date when the message was written.
2002-01-19
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojN002061.xml
911DA Item
Elements describing a September 11 Digital Archive item.
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approved
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2002-01-19
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Tuesday, January 29, 2002 9:55 AM
Sept. 11
If they are Illegally here NO they shouldn't get any money. Because everyone should be here Legally and have the proper paper.
Individual Comment
September 11 Email: Date
The local time and date when the message was written.
2002-01-29
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
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A name given to the resource
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2002-01-29
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Monday, December 24, 2001 9:38 PM
Equal access to crisis relief benefits
December 24, 2001
Dear Mr. Kenneth Zwick,
I write as a member of Amnesty International, a worldwide human rights
movement committed to ensuring respect for the basic human rights of people
without discrimination, in support of equal access to benefits under the
September 11 Victims Relief Fund for all victims, regardless of sexual
orientation or marital status. As you know, the United States has
committed to uphold international human rights standards, including the
Universal Declaration of Human Rights and the International Covenant on
Civil and Political Rights, which prohibit arbitrary discrimination.
As you consider rules for administering the relief fund, I ask that you
apply basic international human rights standards, and the general principle
of equality, by including among relatives eligible for compensation those
who lost their life partners, as well as de facto parents or children,
without regard to sexual orientation or marital status. The State of New
York has already adopted such a policy, granting compensation benefits "on
a showing of mutual interdependence with the victim, in recognition that
anyone who shared with the victim living expenses, day to day activities
and the emotional bonds of family deserves help in this time of need."
Many lesbian and gay people were killed in the September 11th attacks.
Since then, lesbian and gay surviving partners of those killed have had
mixed results in obtaining equal treatment at the local level in the
distribution of relief funds by private and state agencies. An inclusive
policy on the part of the federal government would help establish an
important principle for other such funds. In compensating victims, real
justice will be served only when all families - and all types of families -
impacted by the human rights tragedy of September 11 are treated with
dignity and equality.
Thank you for considering my concerns. I look forward to hearing from you
about your efforts to ensure that all surviving victims of the September 11
attacks have equal access to the relief fund.
Sincerely,
Individual Comment
San Antonio, TX
September 11 Email: Date
The local time and date when the message was written.
2001-12-24
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojN000883.xml
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Elements describing a September 11 Digital Archive item.
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approved
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2001-12-24
-
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Department of Justice Emails
Description
An account of the resource
The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date.
September 11 Email
September 11 Email: Body
The basic content, as unstructured text; sometimes containing a signature block at the end.
Wednesday, December 19, 2001 9:00 AM
equal family benefits
December 19, 2001
Dear Mr. Kenneth Zwick,
I write as a member of Amnesty International, a worldwide human rights
movement committed to ensuring respect for the basic human rights of people
without discrimination, in support of equal access to benefits under the
September 11 Victims Relief Fund for all victims, regardless of sexual
orientation or marital status. As you know, the United States has
committed to uphold international human rights standards, including the
Universal Declaration of Human Rights and the International Covenant on
Civil and Political Rights, which prohibit arbitrary discrimination.
As you consider rules for administering the relief fund, I ask that you
apply basic international human rights standards, and the general principle
of equality, by including among relatives eligible for compensation those
who lost their life partners, as well as de facto parents or children,
without regard to sexual orientation or marital status. The State of New
York has already adopted such a policy, granting compensation benefits "on
a showing of mutual interdependence with the victim, in recognition that
anyone who shared with the victim living expenses, day to day activities
and the emotional bonds of family deserves help in this time of need."
Many lesbian and gay people were killed in the September 11th attacks.
Since then, lesbian and gay surviving partners of those killed have had
mixed results in obtaining equal treatment at the local level in the
distribution of relief funds by private and state agencies. An inclusive
policy on the part of the federal government would help establish an
important principle for other such funds. In compensating victims, real
justice will be served only when all families - and all types of families -
impacted by the human rights tragedy of September 11 are treated with
dignity and equality.
Thank you for considering my concerns. I look forward to hearing from you
about your efforts to ensure that all surviving victims of the September 11
attacks have equal access to the relief fund.
Sincerely,
Individual Comment
Muncie, IN
September 11 Email: Date
The local time and date when the message was written.
2001-12-19
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
dojA002803.xml
911DA Item
Elements describing a September 11 Digital Archive item.
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The process status of this item.
approved
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Whether September 11 Digital Archive has permission to possess this item.
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Whether the contributor gave permission to post this item.
yes
Copyright
Whether the contributor holds copyright to this item.
yes
Source
The source of this item.
born-digital
Media Type
The media type of this item.
email
Created by Author
Whether the author created this item.
yes
Described by Author
Whether the description of this item was submitted by the author.
no
Date Entered
The date this item was entered into the archive.
2001-12-19