Sep 10, 2023 | Advocacy, Community, Family, Federal Government, Grief
Visionary & Trailblazing Attorney Kenneth Feinberg Offers Five Reflections On Bereavement
After serving thousands of families, victim compensation attorney Kenneth Feinberg offers five reflections on grief and bereavement.
By Joyal Mulheron with support from Maddie Cohen
Visionary and trailblazing attorney Kenneth Feinberg has long been called upon by U.S. presidents, families, and survivors to navigate payouts following mass tragedies. He started his career as a settlement specialist for Agent Orange, but is renowned for his leadership in overseeing the 9/11 Victim Compensation Fund (VCF), where he served families for 33 months pro bono.
On the morning of September 11, 2001, Feinberg was teaching class action mediation at a law school in Philadelphia. By the end of class, the world had changed.
By mid-November, Congress established the 9/11 VCF to compensate the thousands of people who lost a loved one or suffered a physical injury. Feinberg distributed over $7 billion to victim’s families.
During Evermore’s 2020 Digital Summit, Feinberg shared his reflections with Anita Busch, VictimsFirst President, on working with tragically bereaved families from the 9/11 attacks and the many other compensation or memorial funds from other tragedies.
Here are five reflections Feinberg offers for supporting bereaved families:
1) There is no one way to grieve.
Families grieve in different ways. Negotiating trauma yields a range of responses, including anger and disappointment to uncertainty and love.
Feinberg admits that when he accepted his assignment in 2001, he had no clue how emotional the work would be. Granted, the situation was emotional—but the thought of disappointing grieving families felt impossible.
2) Permission to grieve and a commitment to listening.
During these confidential conversations, he notes that families must be permitted to grieve. The door should be open for each individual to share their perspectives about life’s unfairness and to discuss or validate the memory of a lost loved one.
3) Language matters.
According to Feinberg, a less-is-more approach is best. Even people with good intentions risk saying the wrong thing when they try to show empathy after a tragedy. The families of victims and survivors might not want to hear someone else’s take on their grief, no matter how well the other party means.
Feinberg recalls meeting a bereaved father whose two children worked at the Pentagon. The man’s daughter narrowly escaped through a side door, and his son died looking for his sister.
When Feinberg met this father, he said something he deeply regretted.
This is a tragedy,” he stated. “It’s terrible. I know how you feel.”
The man offered Feinberg some friendly advice. “You have a tough job to do,” he said. “But you have no idea how I feel.”
Feinberg learned a life-altering lesson that day. And he cautions others to be careful as well. While intentions are important, language is too.
4) Be transparent.
The attorney recommends giving grieving families all the information they need in a private setting. It’s a matter of protocol, Feinberg explains—but that protocol is an important first step for people in a fragile emotional state. He adds that keeping the door open in this way has been a key factor in the success of programs like the VCF.
From the community’s perspective, Feinberg clarifies that the most important part of a community’s response to tragedy is transparency. Sharing how the greater community can help and how the distribution of compensation or assistance will work. When the world feels uncertain, clarity becomes even more essential for bereaved families.
5) Empathy matters.
No matter what anniversary it is, shedding light on the importance of empathy matters. Families understand the grief they are navigating and recognize that you cannot bring back their loved ones. Genuinely listening and learning about who they’ve lost can help.
To learn more, Feinberg shares his experiences with victim compensation in the books What is Life Worth? and Who Gets What? In 2020, Netflix released Worth, a movie starring Stanley Tucci and Amy Ryan, plus Michael Keaton as Feinberg, showcasing the challenges in the wake of 9/11.
Key resources
Readers can learn more about bereavement care and acknowledge the anniversary of 9/11 by visiting the links below:
Jul 28, 2023 | Advocacy, Federal Government, Parent, Research
The scale and reach of the Maternal and Child Health (MCH) Block Grant—with current appropriations of $712,700,000—is indisputable, as 93 percent of pregnant women, 98 percent of infants, and 60 percent of children are touched. While impressive progress has been made in important benchmarks, including the 25 percent decline in infant mortality since 1997, bereavement remains absent from the MCH Block Grant scope. This omission is notable as the agency’s technical advisement manual to state programs mentions death more than 150 times and supports fetal and child death review panels throughout the United States; however, attending to bereavement or grief in the aftermath of these deaths is not included even once in the Health Resources and Services Administration’s (HRSA) guidance.
Bereavement—the loss of a significant relationship by death—is one of the most traumatic stressors a person endures, and extensive scientific evidence domestically and internationally points to the significant, enduring, and life-altering impacts bereavement has on grieving individuals in the short- and long-term. Similar to the MCH Block Grant program, the scale and reach of bereavement in the United States is extensive, particularly as concurrent mortality epidemics—COVID-19, overdose, suicide, homicide, maternal mortality, traffic fatalities, and the emergence of more extreme and deadly climate events—has left no neighborhood untouched.
Read more: Evermore Letter to HRSA
May 12, 2023 | Advocacy, Appropriations, Federal Government, Grief
Open for comment until 11:59 p.m. Eastern Time on Friday June 2, 2023
One of the most hotly debated topics in bereavement care is whether all grief is normative or a diagnosable condition. For the first time, the federal government is beginning to examine scientific evidence on when grief is normative and when, if ever, does it limit daily life and function.
As part of the FY23 U.S. budget process, Congress passed a $1 million appropriation directing the Agency for Healthcare Research and Quality, a federal health agency, to conduct an evidence-based review of grief and bereavement literature to determine the feasibility of developing consensus-based standards for high-quality bereavement and grief care. AHRQ is accepting comments from the public on this issue until 11:59 p.m. Eastern Time, Friday, June 2, 2023. To learn more, visit AHRQ’s website and follow the directions on how to submit a comment.
Further, a technical panel of experts will be convened to help guide and inform federal efforts. Evermore has the distinct opportunity to nominate experts for the technical panel. If you are interested in being nominated, submit a nomination here (the nomination period has now closed). Nominations will be accepted until 12:00 p.m. Eastern Time, Friday, May 19, 2023. Submitting a nomination application does not ensure that Evermore will advance your application to federal leaders. In addition, if accepted, Evermore will not cover expenses related to your service as part of this effort.
As concurrent mortality epidemics touch every neighborhood in America, now, more than ever, our nation must invest in grief and bereavement leaders, programs, and science. This effort will advance our nation toward Evermore’s vision of a world where all bereaved people experience a healthy, prosperous, and equitable future. We are more committed than ever to serving bereaved children and families and the tireless frontline providers who have been on the frontier for decades.
Apr 5, 2023 | Family, Federal Government, FMLA, Grief
By Prerna Shah
When a loved one dies, many family members seek bereavement leave to attend to family affairs, their grief, and sort through the many changes that invisibly unfold behind closed doors. It may be surprising to learn that most employees have no legal right to take leave, except in five states in America (learn more about state bereavement laws here).
The Family Medical Leave Act, also known as FMLA, provides job and benefits protection for 56 percent of the United States workforce; however, bereavement is not an eligible condition for job or wage protection. Many may be surprised to learn that newly bereaved families have no legal right to take leave to cope with the death of a loved one.
So, what is a newly bereaved family member to do?
In honor of National Employee Benefits Day, Evermore sat down with Jeff Nowak, an FMLA expert, who provides legal strategies and solutions for employers of all sizes across the globe, for an in-depth conversation on all aspects of FMLA.
1) What is the FMLA?
FMLA is a federal law that provides up to 12 weeks of leave to an eligible employee in a 12-month period. There are a number of reasons why you may be eligible for FMLA job protection, including
- An employee’s own serious health condition,
- the employee has to care for a family member with a serious health condition, or
- due to pregnancy,
- bonding time after childbirth or adoption, or placement into foster care, and
- a qualifying need due to the active duty of a spouse, child, or parent.
While FMLA generally covers all public-sector employers, it also extends coverage to private employers that have 50 or more employees in a 75-mile radius. In general, to be eligible, an employee must have worked for at least 1,250 hours over the previous 12 months.
2) Does FMLA offer bereavement leave?
No, generally, FMLA does not specifically provide bereavement leave; however, Department of Labor statements and legislative history indicate a miscarriage is classified as a “serious health condition.” As a result, both miscarriage and stillbirth — two conditions before independent life begins — should be eligible for FMLA bereavement leave if the birthing person is unable to work because of her own “serious health condition” (e.g., physical recovery from miscarriage and/or labor and delivery, emotional distress). Paternal coverage may be extended if the spouse is caring for a loved one with a serious health condition.
For most bereaved families, however, bereavement is not an eligible event for FMLA job or wage protection.
Novak shares, “Oftentimes, employers have their own bereavement leave policies. Generally, these policies cover one to three days of bereavement leave, but that is not enough for most people. FMLA can be invoked to cover bereavement leave if the employee has a serious health condition like depression or anxiety, but you would need to invoke the ‘serious health condition.’”
3) How can you best communicate with your employer after a loss?
Communication is key.
According to Novak, “It’s so critical that the employee simply communicates upfront. Be candid with your employer. I’m hurting right now. This is a really difficult time for me, I can’t keep my attention on my work when I’m dealing with this loss in my life.”
“Some of us are fearful of that, right? We’re fearful of what the employer may do. We are in fear of losing our job as a result. But it’s important to characterize what you’re dealing with; if you need to start using words like, “My mental health is at issue here, or I just need to leave for my own mental health.” I tell employers that that line alone triggers an FMLA obligation. Now we potentially are in an FMLA-protected situation.”
Novak suggests that it’s beneficial to involve the HR team: “It’s important to be in full communication with the HR team. Look at your FMLA policy and find out, who does your employer want you to communicate with?”
Candid and open communication with the employer can make a difference; however, only share what you feel comfortable with. When the employer understands that coping is inducing mental distress, that’s when FMLA may be triggered, and this affords the employee job-protected leave.
4) What compensation is offered through the FMLA?
Leave associated with FMLA is unpaid.
When someone close to us dies, families often incur unexpected costs like funeral expenses, moving property or estate titles, among others. Novak shares, “By its very nature, federal FMLA is unpaid. And that remains (so) today. And I would say for the foreseeable future, federal FMLA is going to be unpaid.”
Nowak adds, “As a result of Congress being unable or unwilling to pass a paid leave law at the federal level, we’ve seen quite a bit of growth at the state and local level when it comes to paid FMLA leave.”
If you are able to take bereavement leave, it’s important to keep in mind that employers have no legal obligation to pay the employer during their leave.
Nowak notes that while a handful of states have passed their own FMLA laws, others have passed paid FMLA laws and others have provisions for paid sick leave (learn more about state bereavement laws here).
Nowak says, “It’s likely that we may see a paid leave law that involves contributions from either the employer or the employee or both sharing (contributions) that provide the funding for paid leave.”
5) Where can I find out more information?
For more in-depth coverage of our session with Jeff Nowak, you can head to our YouTube channel, and don’t forget to subscribe while you are checking our videos. We regularly update our channel with resources from experts working in the area of grief and bereavement, and our ‘In the Know’ sessions are very popular and informative.
On our website, you will also find many relevant and expert-led resources on FMLA – miscarriage and stillbirth, state laws and legislation related to bereavement leave, U.S. military bereavement leave guidance, general information on grief, how community leaders can help, our national grief support directory, books on grief for adults and children, our most recent achievements in advancing in bereavement care, and more.
Please also help spread the word about FMLA and bereavement leave, have these conversations with your colleagues and coworkers on this National Employee Benefits Day.
Mar 10, 2023 | Family, Federal Government, Grief
By Terri Schexnayder
Often, when someone dies, we seek to support the grieving family in a meaningful way. In a sign of solidarity and love, we attend memorials or funerals, send condolences, prepare meals, and sometimes participate in athletic events or donate to fundraisers for a related cause.
When a child or teenager loses a parent, their lives can be upended. Beyond losing the relationship, a child may experience food or housing insecurity, loss of healthcare, or even logistical challenges attending after-school programs. Their school may struggle with compassionate policies and procedures and seek to have the student return to school as soon as possible to ensure educational continuity (see our list of helpful ideas for compassionate schools here). Even university students report similar challenges following a death (see Evermore’s efforts in advancing bereavement support among universities here).
Yet, there is a little-known economic benefit that a bereaved child may be eligible to receive if either of their parents participated in the United States workforce. This Social Security benefit is available to some bereaved children, payable upon their parents’ death. However, some experts project that more than half of America’s parentally bereaved children are not receiving the benefit, resulting in upwards of $15 billion in benefits not being conferred to bereaved children and families).
More than 2.2 million children in the United States today have experienced the death of a co-resident mother or father. Dr. David Weaver estimates that 45 percent of children with one parental death receive the Social Security Administration (SSA) benefit, and 49 percent of fully orphaned children receive the benefit. Why so many children do not receive their eligible benefits is poorly understood. In some cases, families do not know about the benefit, or an administrative error denies an eligible child. In other instances, bereaved children or orphans do not qualify because their parents did not achieve fully insured status. This means that either parent did not earn enough wages to receive the benefits.
According to the SSA, an unmarried child may be eligible for benefits if they are:
- Younger than age 18;
- 18-19 years old and a full-time student (no higher than grade 12); or
- 18 or older with a disability that began before age 22.
Once the child reaches age 18, they will no longer be eligible to receive benefits unless they are a student or disabled.
If you know a child who has experienced the death of a parent, please share Evermore’s guidance on how to apply for these benefits. Also, consider sharing SSA’s application for benefits with their caretakers.
SSA guidance states, “A child can receive up to half of the parent’s full retirement or disability benefit. If a child receives Survivors Benefits, he or she can get up to 75 percent of the deceased parent’s basic Social Security benefit.”
Weaver’s study revealed that “when Social Security and other government programs are accessed, evidence suggests that child well-being is stabilized, thus plausibly facilitating better educational, health, and economic outcomes—a benefit not only to individuals, but also to the nation in terms of elevated human capital, productivity, and innovation.”
“It takes a village to raise a child. The potential for lifelong success, well-being, and prosperity depends on us — the community — to support a grieving family. As the nation reels from concurrent mortality epidemics, it’s important to understand the public benefits system, especially for our nation’s most vulnerable children,” says Joyal Mulheron, Executive Director of Evermore.
Resources:
SSA Blog Post: Social Security Pays Benefits to Children After the Death of a Parent
SSA Fact Sheet: Benefits for Children
Evermore Fact Sheet: How to Apply for Child Survivors Benefits
Parental Mortality and Outcomes among Minor and Adult Children
Dec 20, 2022 | Advocacy, Appropriations, Community, Data Collection, Family, Federal Government, Grief, Research
In 2022, our community of supporters has grown by more than 50 percent for the second consecutive year. Our movement consists of people from every corner of America – from truck drivers to professors to homeschoolers and executives. We unite in solidarity to create a more compassionate world for those who will follow us. What do we do with the pain of loss? We create change.
We’ve done that in 2022, and we are on the cusp of much more. This year has been the most consequential yet in the advancement of bereavement policy, and we could not have made it this far without you. As we reflect on 2022 and look towards 2023, there are some bright spots we want to share with you:
- We are winning mindshare among our nation’s most esteemed federal health leaders. In an event hosted by the Centers for Disease Control & Prevention (CDC), our founder and executive director Joyal Mulheron, had the distinguished opportunity to provide a private briefing to key U.S. Department of Health & Human Services agencies on bereavement policy, research, and statistics. As an emerging social and health concern, it is imperative that government leaders understand the complexity of bereavement policy and its impact as it crafts and prioritizes its response.
- With Evermore’s support, Congress is directing the federal government to establish credentialing standards for grief therapists. Supporting bereaved people requires specialized training, which is not currently required for mental health practitioners. We are thrilled that Congress has directed federal health leaders to create universal eligibility standards to bring consistent and quality care to all grieving people.
- For the first time, Congress is encouraging CDC to collect bereavement data because of Evermore’s advocacy. Adding bereavement exposure to CDC data collection provides key demographic data and trends by race, geography, chronic disease risk factors, identity, and age, for example. A recurring data set of this magnitude will facilitate a better understanding of the scope of the problems connected to bereavement, and it will inform future policymaking and program priorities and investments.
- With Evermore’s support, Congress is directing federal health leaders to write the nation’s first report on grief and bereavement. COVID-19 and the nation’s concurrent mortality epidemics have impacted millions of Americans, yet grief and bereavement are not prioritized in our nation’s health policies, programs, or funding initiatives. This report will provide a holistic evaluation of the scope of the issue, the populations impacted, and the interventions offered to support grieving children and families.
- We are fighting for consumer rights, protections, and price transparency in the funeral industry. In almost every state in the nation, funeral homes are not required to publicly share their prices before a bereaved family walks through their doors, thereby leaving newly bereaved families vulnerable to price gouging and spending on services they don’t need or want. Evermore is preparing comments to submit to the Federal Trade Commission (FTC) on why funeral homes should be required to share pricing information publicly. This proposed amendment may substantially protect bereaved families during times of loss and crisis.
- Evermore releases America’s Forgotten Orphans, a free 58-page report, to bring childhood bereavement to the attention of federal lawmakers and agencies. In collaboration with Penn State and the University of Southern California, we identified a 22-year trend in increasing childhood bereavement across every state in the nation and among every racial and ethnic population. Childhood bereavement, and bereavement generally, have been a long-standing public health and social concern hiding in plain sight.
- Evermore releases free fact sheets and tools to calculate childhood bereavement in your own jurisdiction. We’ve developed 51 state fact sheets that help state and local lawmakers assess and better understand childhood bereavement in their jurisdictions. In addition, we’ve provided tools allowing local champions to calculate the prevalence of childhood bereavement in their school or Congressional districts.
- We are bringing the nation’s experts in grief and bereavement to you. This year we launched In the Know, a monthly video series featuring some of the nation’s experts in grief and bereavement, including luminaries like Megan Devine, one of our nation’s most respected grief leaders, and Dr. Toni Miles, who helped pioneer bereavement epidemiology.
- Evermore’s national grief directory continues to be a top resource for grieving children and families. Our comprehensive grief directory features more than 300 nonprofit resources across every state in the nation and continues to grow.
- Our weekly newsletter keeps our community connected, learning, and engaged. This year we launched a weekly newsletter to provide insights on bereavement science, policy, and community action. Our readership continues to grow as our stories and information aim to transform our nation’s systems toward supporting the lives of bereaved children and families.
We are not sitting on the sidelines and hoping change will come. We are actively working to advance these critical developments with respect and credibility each day. As we close out 2022, we want to thank you for making our work possible. Unlike other health and social concerns, bereavement policy and law are not funding priorities for any philanthropist or foundation we can find. Instead, people like you solely fund our movement.
We will continue our work building a healthy, prosperous, and equitable future for all bereaved people in 2023. If you would like to support our work in the coming year, you can make a donation here.
We wish you and yours a warm, healthy, and restorative 2023!
