(a) Initial review. Claims Evaluators shall review the forms filed by the claimant and either deem the claim “filed” or notify the claimant of any deficiency in the forms or any required documents.
(b) Procedure. The Claims Evaluator shall determine eligibility and the claimant's presumed award pursuant to §§ 104.43 to 104.46 of this part and notify the claimant in writing of the eligibility determination, or the amount of the presumed award as applicable, and the right to request a hearing before the Special Master or her designee under § 104.33 of this part. After an eligible claimant has been notified of the presumed award, within 30 days the claimant may either accept the presumed compensation determination as the final determination and request payment, or may instead request a review before the Special Master or her designee pursuant to § 104.33. Claimants found to be ineligible may appeal pursuant to § 104.32.
(c) Multiple claims from the same family. The Special Master may treat claims brought by or on behalf of two or more members of the same immediate family as related or consolidated claims for purposes of determining the amount of any award.
Notes of Decisions
Cited in
5
cases, 2003–2009 · leading case:
Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003).
Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003).
· cites it 8× “28 C.F.R. § 104.31 (b)(1) (2003). The claimant may then either accept the presumed award as the final determination or seek a hearing under 28 C.”
Schneider v. Feinberg, 345 F.3d 135 (2d Cir. 2003).
· cites it 2× “See 28 C.F.R. § 104.31 (b)(1). The claimant may accept the presumed award or may seek a hearing to present evidence in support of an individualized determination of compensation to justify an upward adjustment based on “extraordinary circumstances”.”
In re Thompson, 66 A.D.3d 1035 (N.Y. App. Div. 2009).
“In this regard, the objectants advised the petitioner to request a hearing before the VCF, during which they advocated on her behalf for an award in excess of the maximum presumptive amount, based on ‘ ‘extraordinary circumstances not adequately addressed by the presumptive…”
In re the Est. of Gomez, 5 Misc. 3d 534 (N.Y. Sur. Ct. 2004).
· cites it 2× “Under one option, claimants could seek an award for loss based upon standard tables compiled by the special master, with the size of the recovery calculated in accordance with such variables as the victim’s age, income and employment benefit levels, and family status (28 CFR…”
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