Sheila Birnbaum, special master for the 9/11 victims compensation fund,...

Sheila Birnbaum, special master for the 9/11 victims compensation fund, promised that all first responders would get "a fair hearing and a fair shake." (June 29, 2011) Credit: Steven Sunshine

In her first major public appearance since being named special master for the 9/11 victims compensation fund under the Zadroga act, Sheila Birnbaum promised last night that all first responders would get "a fair hearing and a fair shake."

Acknowledging that "this is not a perfect bill," Birnbaum told about 500 first responders gathered in Manhattan: "I can't promise that you all will be compensated or that you will all be satisfied . . . but I can promise you will all be heard."

The meeting came eight days after Birnbaum, who was appointed special master by the U.S. attorney general last month, released proposed regulations for the new 9/11 victims compensation fund. The James Zadroga 9/11 Health and Compensation Act, which went into effect in January, allocates $2.75 billion over a period of years to those suffering from conditions linked to 9/11, the recovery and cleanup.

The regulations would allow those who gained money from the 2001 compensation fund to amend their original claim to reflect conditions that have developed. They also would expand the boundaries of the affected site, which would permit more lower Manhattan residents who suffered injuries or illnesses to apply.

Birnbaum also said she would be open to including other conditions -- most notably cancer -- as scientific evidence becomes available. Cancer is not covered under the new victims compensation fund. "We will look very hard at that issue," she said.

Birnbaum said the new geographic boundaries include everything south of Reade Street and the Brooklyn Bridge, based on aerial maps that showed the path of the debris plume. She said she would be willing to alter the boundaries again included if presented with compelling evidence.

The special master, who answered questions submitted to the website of the FealGood Foundation, an advocacy group for first responders, and from the audience, acknowledged there were many questions she couldn't answer. But she said her intention was to publish final regulations in September and begin accepting claims in October. The draft rules will be available for public comment until Aug. 5.

John Feal, head of the FealGood Foundation, said Wednesday night that it was important for Birnbaum to meet with first responders "so we're all playing from the same sheet of music."

The biggest fear among many is that they will develop cancer.

Said Robert Towsky, an attorney with Andrea & Towsky of Garden City, which is representing several hundred first responders: "I hope if they err, they are going to err on the side of inclusion."

Jeff Treuman, 50, of North Merrick, who worked at Ground Zero for five weeks as a surveyor, said he faces losing health insurance after being operated on for a brain tumor that left him unable to work. "We're here to find out what our chances are," said his wife, Lauren.

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