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According to a release today by the N.C. Department of Administration, as of July 31, 2014 the state Industrial Commission has denied more than 300 claims for compensation from the $10 million Eugenics Compensation Fund.

The Office for Justice of Sterilization Victims had received 780 claim forms from potential Eugenics Board sterilization victims by the June 30 deadline.  It  forwarded 565 claims to the Industrial Commission for initial determination and requested additional information from the remaining claimants.

Of the 565 sent to the Industrial Commission, 500 claims were reviewed and sent initial determination orders. Only 180 of those were deemed “qualified” for compensation.

Per payment provisions enacted with the new budget, those claimants will receive an initial payment in October.

Read more about the eugenics program here.

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Provisions in the latest budget explain the payment process for the 780 eugenics claims submitted to the Office for Justice for Sterilization Victims by the June 30 deadline, and set some hard deadlines for those whose claims have been received by the deadline but are missing information.

(Despite a request by the state NAACP, the General Assembly did not extend the June 30 deadline,)

As of July 17, according to the Office,  500 of those claims had been forwarded to the NC Industrial Commission for determination of eligibility and the remaining logged as received by the deadline but either missing information or requiring additional research.

Those with missing information have until September 23, 2014 to submit what’s required.

Also per the budget, disbursements from the fund will begin with an initial payment by October 31, 2014 to those determined, as of October 1, 2014, to be “qualified recipients.”   The amount of that payment will be determined by dividing the number of qualified and pending claimants by $10 million.

Those determined to be qualified after that date will receive an initial payment within 60 days of determination.

Presumably on the theory that some of the pending claims may ultimately not be qualified, there will be a second round of payments made from what’s left in the fund.  That payment will be made 90 days from the date of the last appeal.

By September 30, 2014, all remaining claim forms will be submitted to the Industrial  Commission for review and  disposition.

The budget provisions also clarify that payments from the fund are NOT to be split or otherwise used to compensate attorneys who may have helped victims with the filing of claims:

It is the public policy of this State that funds awarded for the compensation of sterilization victims under this Part may be used only for the purpose of benefiting victims and shall not be used to pay attorneys’ fees arising from representation at the Office, before the Commission, or on appeal. The General Assembly finds that qualified recipients have suffered a unique harm that calls for a unique remedy and that there are sufficient sources of assistance and pro bono legal representation available to protect their interests. Therefore, any agreement for the acceptance of attorneys’ fees is null and void unless counsel has sought and received an opinion from the North Carolina State Bar that the fee arrangement is reasonable under the Rules of Professional Conduct.

For more about the eugenics fund, read here.

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EugenicsAs Chris Fitzsimon made clear in this morning’s “Monday Numbers,” there is simply no good reason for the state of North Carolina to shut off applications for compensation to surviving eugenics victims. Having made people wait decades, what is the point of limiting the possibility for recovery for people — especially since so many of those injured are likely to lack easy access to legal assistance they need?

The North Carolina NAACP issued a statement early this afternoon making just such an argument. Click here to view it.

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As of June 1, 520 Eugenics Board sterilization victims or their families have filed claims for compensation from the $10 million fund established by the state in 2012, according to the Office for Justice of Sterilization Victims.

The office has forwarded 320 of those claims on to the Industrial Commission for a determination of eligibility; the remaining claims have been logged in as valid pending further information from the victims or additional research by the office.

That’s an increase over the 442 claims by potential victims reported by the office in May, 281 of which had then been forwarded to the Commission for further consideration.

Some 7500 men and women were involuntarily sterilized from 1929 to 1974 under the guise of state law.

By the state’s own numbers nearly 1800 of those victims may still be alive, given that more than 2000 were under the age of 18 at the time of sterilization (as reported by the Winston-Salem Journal in its comprehensive series “Against Their Will”).

By early 2013, though, the state had only been able to verify 176 as still living.

Victims have until June 30, 2014 to file a claim form (found here) for recovery from the fund.

To read more about the Eugenics Board sterilization program and the state’ efforts to compensate victims, click here.