Plan could give 9/11 victims more funds

Proposed regulations for the new 9/11 victims compensation fund released Tuesday would allow claimants who received money from an earlier payout to apply for more if they subsequently got sicker.

Sheila Birnbaum, appointed special master for the new fund a month ago, released the 33-page draft outline that also would expand the definition of the Sept. 11 crash site, enabling more lower Manhattan residents who were injured to apply.

The area now extends north to Reade Street.

The proposed regulations would allow those who gained money from the 2001 compensation to amend their original claim to reflect new injuries. They would permit the new fund, established by the James Zadroga 9/11 Health and Compensation Act, "to cover additional health conditions as scientific knowledge evolves," according to a Justice Department statement.

John Devlin of Brightwaters, who got compensation from the 2001 fund but was subsequently diagnosed with stage 4 throat cancer, said the news was promising. "From what I've read and heard, I think it's wonderful -- it will benefit people," Devlin said. "My concern is . . . how are you going to divide it and how soon will people who are dying right now see their money?"

Advocates and politicians praised Birnbaum for releasing the proposed regulations just 34 days after her appointment.

"It proves she is working diligently and proves she cares about this program," said John Feal, who heads the 9/11 responders advocacy group FealGood Foundation.

The Zadroga law allocates $2.75 billion over a period of years to those suffering from diseases linked to 9/11, its recovery and cleanup.

Michael Barasch, a Manhattan attorney who represents people who received money from the 2001 fund, said he was pleased that claimants could reapply, but he is worried the funding will be inadequate.

"I have concerns about the Congress-imposed cap of $2.7 billion when there could conceivably be tens of thousands of potential claimants . . . in which case there's simply not enough money."

The draft rules will be available for public comment for 45 days, until Aug. 5., with sponsors of the bill saying they hoped the regulations would be finalized before the 10th anniversary of the Sept. 11, 2001, terrorist attacks.

The special master, appointed by the U.S. attorney general to oversee the compensation fund, is slated to explain the regulations at a town hall meeting on June 29 in Manhattan.