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FOX 11 Fantasy Home 2008 by Living Spaces LLC

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Feds balking on payouts of death benefits to firefighters

09:25 AM MST on Thursday, June 21, 2007

PHOENIX (AP) -- The Phoenix Fire Department is joining the national fight against the U.S. Department of Justice to ensure survivor benefits for families of firefighters killed on the job by stroke or heart attack.

Fire Engineer/EMT Mark Carter, 53, collapsed and died during his lunch break on June 4.

What caused Carter's death has not yet been determined, but fire officials believe his widow should be entitled to a $295,000 lump-sum payment from the Hometown Heroes Survivor Benefits Act.

Although Carter's widow will receive his state pension, at issue is the federal benefit, which could be an uphill battle.

The U.S. Justice Department has approved just six of the 260 claims and 40 claims have been denied.

Lawmakers claim the Justice Department is intentionally misinterpreting the law and burdening applicants by requesting volumes of paperwork, some requests including up to 10 years of recent medical history.

Carter's widow, Leah, said her husband was the sole breadwinner and handled the family's finances. It wasn't until after his death that she learned they were deeply in debt.

Signed by President Bush in 2003, the Hometown Heroes law extends federal survivor benefits to the families of firefighters, police officers and emergency workers who die of heart attack or stroke while on duty.

The legislation was intended to create a presumption that the heart attack or stroke was caused by work in the line of duty, unless clear evidence to the contrary exists.

Data has long shown that cardiovascular disease is the leading cause of death among on-duty firefighters.

In 2004, then-Attorney General John Ashcroft mandated that all claims filed under the Public Safety Officers' Benefits program, which includes Hometown Heroes, should be processed within 90 days.

Yet 80 percent of Hometown Heroes claims remain pending more than three years after the law went into effect.

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Information from: The Arizona Republic, http://www.azcentral.com

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