This is an exact transcript of the questions put to Mr. Feinberg in the MSNBC Online Chat of September 11th 2002. I have highlighted my own question.

http://www.msnbc.com/m/nw/talk/archive.asp?lt=091102_feinberg

Live Talk: 9-11: One Year Later, The Victim's Funds

Last month, the first people to receive federal compensation for the September 11 attacks were announced. More than two-dozen awards, averaging $1.36 million, were handed out to those who were themselves injured or who lost loved ones in the terror attacks. Nearly 700 people have filed claims with the Victim Compensation Fund, but that is just about 20 percent of those who have been deemed eligible. Why have so many not yet filed? LIVE NOW! Join us at 12 noon EDT on Wednesday, Sept. 11, for a live discussion with Kenneth Feinberg, special master of the Victim Compensation Fund, on how well the federal compensation program is working and why more people have yet to take advantage of it.

Kenneth R. Feinberg is the special master of the September 11 Victim Compensation Fund. A lawyer by trade, he founded the Feinberg Group, based in Washington, in 1993 and is regarded as one of the nation's leading experts in mediation and alternative dispute resolution. Feinberg played a major role in mediating compensation disputes involving the use of Agent Orange in Vietnam and the Dalkon Shield birth-control device, as well as in numerous other cases involving such issues as breach of contract, antitrust and civil RICO violations, civil fraud, product liability, insurance coverage and various commercial and environmental matters.

Feinberg received a bachelor's degree from the University of Massachusetts and was student speaker at his own commencement. He was awarded a J.D. from New York University School of Law in 1970. He was assistant U.S. attorney, Southern District of New York from 1972-75, and special counsel, U.S. Senate Committee on the Judiciary from 1975-80. From 1977-79, Feinberg was also an aide to Sen. Edward M. Kennedy.

Kenneth R. Feinberg: I would like to thank everyone for joining in this discussion on the federal government’s September 11th Victim Compensation Fund of 2001. I will be providing answers to as many questions as I can over the next hour. After our time is up, I would encourage anyone who would still like more information to visit our website at www.usdoj.gov/victimcompensation or call our toll-free Help Line at 1-888-714-3385. Thank you for your participation.

Lexington , KY : What qualifications would the victims family have to have to make them eligible for compensation? Where does this differ from Oklahoma , or does it?

Kenneth R. Feinberg: In general, eligible claimants for this Fund are the Personal Representatives of victims who were onboard American Airlines flights 11 or 77 or United flights 93 or 175, the Personal Representatives of deceased victims who were present at the World Trade Center, Pentagon, or Shanksville sites, and victims who were present at those sites and who suffered a qualifying physical injury. The victims of the Oklahoma tragedy are not eligible for compensation from this Fund. In general, victims of September 11th who file for compensation with the Fund give up their rights to sue in court for damages.

Dallas , TX : How did you come up with the $1.3 million average award?

Kenneth R. Feinberg: The average you are referring to is merely what has been reported as the median award after offsets for some of the first awards that have been issued. Each claim is individually evaluated based on the economic and non-economic losses suffered and on the individual collateral source benefits that must be offset.

San Diego , CA : How long does it take for a family to get compensation once they've filed a claim? How do you verify that they are indeed family members and entitled to the compensation?

Kenneth R. Feinberg: We make a final determination on all claims within 120 days from when a filed claim is substantially complete. If an award is made, we authorize payment within 20 days thereafter. With respect to your second question, we have a very rigorous process in place to verify, authenticate and audit claims, to analyze submissions to detect irregularities or duplication, and to ensure quality control of the claims review process. We do all this not just to detect and prevent the payment of fraudulent claims, but also to ensure accurate and appropriate payments to eligible claimants.

New York , NY : How can i get financial aid for my son who is going to college. I was injured in the WTC attack, and I'm disabled.

Kenneth R. Feinberg: The Fund provides compensation for economic and non-economic losses (minus collateral offsets) suffered by eligible victims who suffered a qualifying physical injury. If you suffered a physical injury in the terrorist attacks, I encourage you to find out more detailed information to see if you might be eligible to receive compensation by calling our toll free Helpline at 1-888-714-3385 or by visiting our website at www.usdoj.gov/victimcompensation. We also have claims assistance sites available if you would like to discuss your case and get more information in person. You can call the Helpline to set up an appointment.

New York , NY : You indicate that you make payments after 120 days. I have submitted a claim about five months ago and your staff have told me that my application has not been looked at yet, and that no physical injury victims have even been looked at. Can you substantiate this?

Kenneth R. Feinberg: I recognize the perception by some that the Fund has not acted quickly enough in processing injury claims. This is because the injury claims vary from individual to individual. There is no simple presumptive award or formula that can be quickly used to compute awards involving physical injury. Nevertheless, we are now beginning to compute physical injury awards, and during the next few weeks will respond quickly to such claims. I will personally examine your claim and respond to you directly within the next few days. Please call 888-714-3385 and leave your name, number and claim number, and reference this discussion.

It's interesting to note here that I never got through to Mr. Feinberg. However I did make 7 phone calls to the fund offices over a two week period. Each time I was told, 'someone would get back to me'. They never did. About 5 weeks passed and I did receive a call to clarify my information followed by a pre-printed letter telling me I did not 'qualify' but had the right to appeal.

Brockton , MA : From Ken's hometown of Brockton , Mass. , there are many of us who have yet to contribute more. Is there still time? And with so many agencies, it is very confusing. What is the best avenue?

Kenneth R. Feinberg: Thank you Brockton . You should not contribute to the Federal program that I am administering. My program is a public program funded by the taxpayers. However, if you wish to contribute to private charities, I suggest the American Red Cross or any of the other private charities that are available.

Los Angeles , CA : Besides the obvious firemen, policemen, and those who died on the planes, Why is it that it seems like the only people who are talked about,or it is made to seem like the only people directly affected/died are white americans and those in Law/Accounting firms in the Trade Towers . Many of those who died on that day(worked in the Towers) have contributed to this country for years,  and it seemed OK to exploit them in illegal employment but now those families of these poeple are left with NO recourse. Non of the major networks, or shows about 9/11 have ever mentioned these people. I guess you have to be a bigshot CEO to be mourned in this country.

I know my question is probably not going to be addressed, and this will just serves to prove my point.

Kenneth R. Feinberg: I will answer your question. The program is not limited to uniformed officers or the well-to-do in the Trade Center . The program is also providing compensation to undocumented workers, illegal aliens, foreign nationals, members of the military at the Pentagon, etc. Anyone and everyone who died or suffered a qualifying physical injury on Septemeber 11th as a result of the terrorist attacks is eligible under the program. In fact, during the past six months, I have met with families of diswashers, wait staff, students, janitors and others.

Tyler , TX : Whose idea was it to give money to the victims' families?

Kenneth R. Feinberg: The Fund was created as part of legislation passed by Congress and signed into law by the President. The Fund offers the claimants a no-fault alternative to tort litigation.

Minneapolis , MN : I don't understand why so many families haven't filed claims yet. And I've only heard about one or two lawsuits. What is taking them so long??

Kenneth R. Feinberg: First, we have had large numbers of claimants file with the Fund already - over 700 at last count. I do believe most other families will come into the Fund, although I recognize that it is a very difficult and emotional decision for families to make, especially when we are still so close to the tragic events of September 11, 2001. I also believe some people have been waiting to see what some of the actual awards would look like before proceeding.

Los Angeles , CA : Can victims' families still sue the Port Authority if they file a claim for compensation? I know they aren't allowed to sue the airlines, but there was that group of families that filed a lawsuit against the Saudis and others.

Kenneth R. Feinberg: Under the statute, submission of a claim under the Fund waives the right to file a civil action (or be party to an action) in any Federal or State court for damages sustained as a result of the terrorist attacks of September 11th, except for civil actions to recover collateral source obligations or a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act.

Gloucester , MA : Do you think the compensation fund is working as it is set up now?

Kenneth R. Feinberg: Absolutely. We have received over 700 claims to-date, with more and more claims coming in every week. We have established a system to process claims quickly, consistently and fairly. We have paid out several million dollars in advance benefits to families needing immediate assistance and are issuing final awards to families that have submitted complete claims. With the process in place, I believe that many more families will soon be filing claims and I hope that we are able to continue helping as many families as we can in any small way that we can.

Houston , TX : How is the award calculated? Have any of the recipients appealed the amount they were awarded?

Kenneth R. Feinberg: Awards are calculated on an individualized basis based on economic and non-economic loss minus collateral offsets that must be subtracted under the statute. Further information on the specifics of how these awards are calculated are available on our website, www.usdoj.gov/victimcompensation. Of the first set of claimants who responded to the presumed awards we have issued, the majority of claimants have accepted their awards, while a few have requested a hearing.

Washington D.C. : Who decides how the compensation award is divided among family members? Does the family decide or do you?

Kenneth R. Feinberg: The qualified Personal Representative who files a claim with the Fund on behalf of a deceased victim provides us with a plan for distribution of any award received from the Fund before payment is authorized. The award must be distributed in a manner that is consistent with the law of the victim’s domicile or any applicable ruling made by a court. Notwithstanding other provisions of the rules, in the event I conclude that the plan does not appropriately compensate the victim’s spouse, children, or other relatives, I may direct the Personal Representative to distribute all or part of the award to such spouse, children or relatives.

Andover , MA : I'd imagine that a lot of the people who died in the World Trade Center did not have a will since they were so young. What do you do in the cases where family members cannot agree on who should get compensation (ie. the in-laws vs the widow)?

Kenneth R. Feinberg: Many victims of the September 11th tragedy were young and I believe you are correct that many victims likely did not have wills. In these cases, awards are still to be generally distributed under the laws of the victim’s domicile

Orlando , FL : Why aren't the awards divided by the number of victums and that amount paid out in equal amounts. The idea that one person made more money so they deserve more makes no sense. If they made millions I'm sure they had millions in insurance, where a bus boy or a maintenance man wouldn't be able to afford that much if any insurance. Just because the rich man was rich doesn't mean his death means more than the poor man. This same argument goes to the awarding of fund donated also. I didn't donate to have my donation given out on a he made more so he gets more, this isn't insurance where you pay for more you get more, this is donations every who died gets the same share. To do otherwise is a mockery of the wishes of those who donated and of the poor workers who died the same death as the rich ones.

Kenneth R. Feinberg: Awards are not paid out in equal amounts because the statute that created the Fund provided that awards must be based in part on economic losses suffered in each case. The calculation of such economic loss necessarily results in different amounts being awarded to different families. The statute further requires us to subtract from any award “collateral offsets” such as life insurance benefits that may have been paid. I should also emphasize that this is a federal compensation fund separate and apart from private charities to which you may have given.

Boulder , CO : When do you estimate this project will be completed?

Kenneth R. Feinberg: Claims can be submitted up to December 22, 2003 .

Providence , RI : Do you think the awards are fair? It has to be so hard to figure out what a life was worth. Are families happy with the amounts awarded so far?

Kenneth R. Feinberg: Yes, it is a very difficult task. All we can do is try and be as fair as possible in calculating each individual award pursuant to the rules established to govern the Fund. Though it is impossible to say that any amount of money would be sufficient compensation in light of the terrible suffering and losses that the families have endured, I do believe that the awards can bring some small measure of financial relief to the families who have lost and endured so much.

Kenneth R. Feinberg: I understand that our hour is now up, so I would like to thank everyone for their time and thoughtful questions. For those of you who wrote in with individual or personal questions about specific claims you have submitted, please know that I will look into each of your questions and we will get back to you shortly on an individual basis. Once again, I would encourage anyone who would still like more information to visit our website at www.usdoj.gov/victimcompensation or call our toll-free Help Line at 1-888-714-3385. Thank you again for your participation today.   

 

 

 

 

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