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Judge Edith Clement and Big Oil

“IS THE BP CLAIMS PROCESS BEING HIJACKED BY FRIENDS OF BIG OIL”

BP Claims and Judge Edith ClementOn Thursday morning, January 16, I was sent a link to an article written by James Gill of The Advocate in Baton Rouge.
The article was on  Judge Edith Clement, who is the 5th Circuit Judge that originally sided with BP, and will hear more of BP`s appeals in the very near future. 

The article points out that there may be a good reason that this judge, who seems to be very friendly to BP with her written opinions, is making the decisions that greatly benefit BP, and not the people that were financially harmed by the worst man-made disaster in U.S. history.

Judge Clement and FREE

The article points out that Judge Clement has for years been a board member one of the most active front organizations, for Big Oil and Energy. She is a board member of  The Foundation for Research into Economics and the Environment (a.k.a. FREE). This organization seems to be very pro big oil, as its chairperson, John Baden, is a past member of the National Petroleum Council.

As the article points out, Judge Clement’s picture is on the website, she is a board member. This group is funded by Big Oil and takes luxurious junkets yearly, one of the last ones being to Montana, it was estimated by an independent group that the cost per individual of that trip was 10,000 dollars a head. It is not clear where all of the funding for this group comes from but it is clear that, at least in part, it is funded by big oil. One of the major financial contributors is Exxon/Mobil.

Apparently sometime in 2005, Judge Andre M. Davis was a board member of this same group and someone filed a formal complaint citing the obvious conflict of interest. Judge Davis requested an opinion from the Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court. Their opinion was issued on March 30, 2005 and it clearly explained that the honorable judge was violating several rules by being on the board of FREE. In a nut shell, the opinion was that the judge’s service on the board of this group calls into question the judge’s partiality on certain issues. Since the group is funded in part by “Big Oil” who would you think the judge would favor in a court case?

 The article goes on to explain that Douglas Kendall, the President of the Constitutional Accountability Center in Washington, DC, wrote to Clement pointing out the Judicial Conference of the United States had ruled that joining FREE’s board was against its code of conduct, she did not respond. Click here to read the letter to Judge Clement dated December 9, 2010.

She is still a member to this day and you can see a picture of her here, she is on the Board of DirectorsJUDGE EDITH CLEMENT FINANCIAL DISCLOSURES AND BP STOCK


If you look at Judge Clements 2011 financial disclosures here is a l link to them you will see how vested she is an energy stocks, specifically Vanguard which is as I understand is one of the largest stockholders of BP stock in the United States. Please understand, I am not saying any of the Vanguard mutual funds she owns has BP Stock in them, but should`nt this and her relationship with FREE at the very least be looked into.

Top Mutual Fund Holders of BP Stock according to Yahoo Finance.

Franklin Custodian Funds-Income Fund
Vanguard/Wellington Fund Inc.
Vanguard/Windsor II 15,549,869
Vanguard Specialized-Energy Fund
DFA International Value Series
American Mutual Fund Inc
Invesco Comstock Fd 4,826,424
American Beacon Large Cap Value Fd
Hartford Capital Appreciation Fund
Vanguard/Windsor Fund Inc

 

 Why does this matter?

In the judicial system of the United States, judges are required to recuse themselves (remove themselves from participating in a case), not only when they are biased, but even when they may appear biased to a neutral observer. This appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts.

 Just a side note here, George Busch appointed her, we know who he stands with, and that is Big Oil. Judge Clement also owned BP stock as late as 2009.

At this point, it appears many are questioning the impartiality of Judge Clement with regard to the BP case.

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BP Business Claims Halted

BP Business Claims Halted for Calculation Reviews

bp business claimThe 5th U.S. Circuit Court of Appeals in New Orleans directed Judge Barbier, to halt payouts on some BP Business Claims. BP asked the court to make the halt because they believe the Deepwater Horizon Claims Administrator, Patrick Juneau, has misinterpreted the settlement agreement and has been calculating business claims incorrectly.

 

Until recently, BP has unsuccessfully attempted to get the settlement agreement rewritten. On October 2nd, they were finally able to get business claim payments frozen so that the accountant calculation methods can be reviewed to make sure that Juneau is closely following the language of the settlement agreement. BP believes the current calculation methods allow claimants to receive payments that are too large, and that payments are being made to businesses that were not affected by the oil spill. BP wants businesses to submit their financials on an accrual basis for BP business claims.  This is not required under the settlement at this time.  They are concerned that revenues should be reported on accrued basis and not when payment was received.

 

In October BP had questioned the settlement in regards to how they are processing cash based accounting claims.  Because the settlement does not specify that a certain accounting method must be used they have always accepted whatever the claimant had consistently used.  BP did not file any complaints at that time.  Again in November BP supported the final approval of the settlement guidelines and seemed to be happy with the way claims were processing.  They signed this document and should not be able to add or take away from it.  In December BP started expressing their concerns to the Administrator.  After two failed attempts to change the settlement BP has gone to the Appeals court.  On October 2nd they finally won and the settlement is being looked at again.

 

I believe that if we re-write the already signed and executed settlement we are opening a can of worms that could potentially cause even more delays in settlements being paid. If BP gets the chance to change the settlement then someone needs to be fighting to get the dreaded and impossible customer mix test thrown out.  If businesses are going to have to go and change their accounting from cash to accrual basis then will they still be considered contemporaneously kept documentation?   If BP gets the chance to spread income over a period of months does that mean people can take their yearly income and expenses and divide them by 12 to complete their profit and losses? Why does BP get to rewrite the settlement and retail stores and restaurants who are obviously tourist driven fall short of qualifying due to the fact they cannot account for 100% of their income by name and address?

 

BP has yet again figured out a way to screw the Gulf Coast residents, delay payments and earn a little extra interest on the funds that still have not been paid out to those who deserve it.  BP should be stuck with what they signed and shame on the appeals court for allowing them to weasel more time to delay payments.

 

BP has won this round, but in the end, the people of the Gulf who were so devastatingly affected should receive the payments they deserve.

Although this is bad news for some claimants, we believe people that were not affected by the spill should not be able to receive compensation.  As much damage as BP has caused, we know that some claimants and attorneys are working the system for all its worth.

For more information go to our Facebook Page.

 

What does this mean for existing BP business claims?

 

We don’t know yet exactly what the new calculation changes are going to be, but we do know if given the chance BP will continue to try and change things to help themselves not the Gulf Coast Residents they screwed over three years ago. We will all have to wait and see what BP, the Plantiff Steering Committee and Juneau come up with next.

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BP Settlement News – BP Claim Update

BP ClaimBP Claim Update – BP ordered to fund the settlement for the third quarter

 

While BP is yet again trying to stall payment to claims filed through the Deepwater Horizon Court Supervised Settlement, a federal magistrate ordered them to pay $130 million dollars in fees to the claims administrator.

 

The judge ruled that BP must cough up the amount that was previously agreed upon as a part of the third-quarter budget. The settlement supervisor, Judge Carl Barbier, upheld this ruling after it was appealed by BP, even though the judge felt that BP had raised valid concerns in reference to fraudulent claims.

 

While the judges were aware of the ongoing concerns, they discerned that it was not plausible to cut off funding to the program with such short notice. Claims Administrator, Patrick Juneau believes the settlement would be in jeopardy of closing if it could not cover its expenses.

 

BP has asked for a stay on BP Claim payouts until the investigation taking place at the settlement program has ended. Louis Freeh, former FBI director, is looking into accusations of foul play by an attorney and other staff members that have been brought into question. Lionel H. Sutton III resigned in June because of allegations that before coming to work for the settlement he had referred several potential BP Claims to attorneys and was getting a cut of the proceeds. There were other allegations that a representative from a claimant assistance center in Alabama was helping claimants submit fraudulent claims for a portion of the proceeds.

 

The federal judge has not yet made a decision about the payment stall on BP Claims.

 

At BPClaims.org we believe in the integrity of the Deepwater Horizon Settlement. We believe that this institution is there to help the people. The claims process may be a slow process, but there are very strict guidelines that must be followed. A few bad apples would be found in virtually any organization that is inspected thoroughly.  That does not make the settlement as a whole corrupt. We know that Carl Barbier and Pat Juneau are fighting for the people of the Gulf, and that they will continue to.

 

In the meantime, let the BP Claim payments continue to roll out.

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Receive the BP Settlement You Deserve

How can you receive the BP Settlement you deserve?

BP Settlement ProtestersNot only did the April 2010 BP oil spill cause extreme damage and devastation to the environment, it also had a ripple effect throughout the entire economy of the Gulf Coast of the United States.  Businesses and Individuals in the affected areas saw a decline in revenue and earnings following the incident as a direct result of the lack of tourism, rising prices of seafood, and many other factors.  The first response for economic reimbursement was the GCCF, later replaced by the BP Settlement which now oversees all claims.

How do I know if I qualify to file a  BP claim?

To be eligible to file a valid BP Settlement claim, a business or an individual’s business address must fall within one of the specified BP Economic Loss Zones. The claimant must also make sure that the nature of their business is not included on the list of ineligible entities. At this point, financial documentation will need to be provided to prove the loss.

BP Settlement Individual Claims

Individual claimants will need to provide tax documents and pay period earning statements from at least 2009-2011 to show that their hours or wages were reduced as a direct result of the spill. Most individuals also will need to establish an eligible employer by having an authorized business representative submit a sworn statement that the employee’s financial losses were directly related to the spill.

The amount of compensation an individual can expect to receive is directly correlated to the amount of money they lost in the compensation period as compared to the benchmark period. Therefore, every payout will vary on a claim to claim basis.

BP Settlement Business Claims

Businesses outside of Zone A must prove their damages by passing a causation test. The causation test is an algorithmic calculation which uses financial figures from a business’s monthly profit and loss statements to determine the eligibility of the claim. This test uses the provided figures to try to find a certain percentage of decline in revenue in the months following the spill in 2010, as compared to those same months in 2009. The financials should also show a certain percentage of uptake in those same months in 2011. The percentage of decline in 2010 and incline in 2011 that are needed to pass the “V-trend test” will vary based upon which geographical zone the businesses address falls within.

The amount of compensation a business can expect to receive is based upon which zone the business is located in, the nature of the business as evidenced by the NACIS code, and the amount of loss in the compensation period. Once again, the amount of compensation will vary on a claim by claim basis, as many factors come into play for business claims.

Is there a quick way to find out my eligibility?

For a BP Settlement business claim, we can run the basic financials through our preliminary calculator and quickly determine if the claim passes causation or if it does not. For a preliminary calculation we would need:

The business address
NAICS Code
Monthly Gross Revenue for Jan 2007-Dec 2011

If the business passes causation we would then need further documentation to calculate the businesses estimated compensation amount and to make the claim complete under the guidelines of the Deepwater Horizon Settlement.

Do I Need to Hire a Professional?

It is not completely necessary to hire a professional. Many people file claims on their own without representation. However, there are many reasons why you might choose to seek guidance on this matter. We hear from business and individual claimants every day who have filed claims on their own and are being delayed with multiple incompleteness notices and are frustrated and fed-up.

The Court-Supervised 1,300 page BP Settlement is an extremely detailed and convoluted document which can be overwhelming and disheartening to those who have no prior experience with the legal components that professionals are equipped to handle.

What Services do we offer?

Our team of experts helps you gather and prepare the needed documents for review. The claim is then assessed for eligibility, completeness and validity. Business claims are calculated either by a CPA or under the direct supervision of a CPA to ensure accuracy of the expected compensation figure. At this time the complete claim will be filed.

Once the claim is filed to the Deepwater Horizon Settlement, should there be any discrepancies regarding paperwork or financials, we work with the client to handle all incompleteness notices, requests for reconsideration, re-reviews, appeals, and denial notices. Clients may always feel free to contact us regarding the status of their claim, and know that we notify them immediately when we have any deadlines pending.

How do I begin the process of filing my claim?

There is only a short time remaining to file all claims to the Deepwater Horizon Settlement, the deadline being April 22, 2014. Call us today for a free claim assessment. If you have your preliminary documents in order, we may be able to quickly run a calculation to determine your eligibility. Call 1-800-BP-CLAIM or complete the BP Settlement form on the right and someone contact you shortly thereafter.

 
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Deepwater Horizon Settlement Outline

deepwater horizon settlement imageOutline of the Deepwater Horizon Settlement

The Court-Supervised Deepwater Horizon Settlement was set forth to compensate businesses and individuals that were financially harmed by the oil spill explosion caused by BP in April of 2010. BP has estimated the costs related to compensating claims to be 7.8 billion dollars; however, there is no cap on the total amount that will be paid out. The total amount of compensation will depend upon the number of qualifying claims that receive an offer. Therefore, the estimated 100,000 claims being filed may end up receiving less than the 7.8 billion dollars that has been set aside, or more.

Is anyone excluded from filing to the Deepwater Horizon Settlement?

There are certain industries that BP has excluded from the Settlement. Those who owned a business in or worked within any of the industries listed below are ineligible to file claims to the Deepwater Horizon Settlement.

  • Governmental Organizations
  • Real Estate Developers
  • Insurance Entities
  • Financial Institutions, Funds, Financial Trusts, and other Financial Vehicles
  • Oil and Gas Industry Entities
  • Entities selling or marketing BP-branded fuel
  • Gaming and Casino Entities
  • Those who chose to exclude themselves from the Economic Class
  • Those that were required to file under the Oil Pollution Act

How can I determine my eligibility to file a claim?

Businesses and Individuals in almost any other industry may be eligible to file a claim providing the physical address of their business or employer from the time of the spill falls within one of the designated “Economic Loss Zones”. These are geographic regions that have been recognized by BP as areas that were either directly or indirectly affected by the spill.

How can I determine my business loss?

After you have determined that your business was located within an Economic Loss Zone, it will be time to take a look at your financials.

All businesses, (except those located in Zone A) will need to prove their damages (causation) by showing a specific percentage of lost revenue, lost variable profit, and loss of potential revenue growth in the selected months of 2010, as compared to the same months in the benchmark period. They will also need to show a specific amount of uptake in those same months in 2011. This revenue pattern is referred to as the V-trend and if the financial documents follow this pattern, the business automatically proves causation.

What documents do I need to provide for a Deepwater Horizon Settlement claim evaluation?

The initial causation test is a complex, formulaic calculation which can quickly determine whether your business qualifies under the settlement, and roughly how much compensation you are eligible to receive. The preliminary test requires the following:

  • Business Address
  • NAICS code
  • Gross Revenue Statements from Jan 2007- Dec 2011 (or a minimum of Jan 2009-Dec 2011)

After this calculation, if it is determined that the claim is valid, additional paperwork will be needed to make the claim complete under the guidelines of the Deepwater Horizon Settlement.

Why Should I Seek the Help of a  Deepwater Horizon Settlement Claims Preparer?

The Court-Supervised Settlement Agreement is a 1,300 page document filled with complexities and intricacies that can be confusing and frustrating to those with no experience in this field.

Our team of experts prepares and files claims that have been checked for accuracy and validity. We help the client prepare all necessary documents and ensure the claim is complete before it is filed.

Our financial calculations are preformed either by a CPA, or under the direct supervision of a CPA, to ensure we come as close to the actual compensation amount as possible.

Should there be any discrepancies from the settlement once the claim has been filed, we handle all incompleteness notices, appeals, re-reviews, reconsiderations, or denials in a timely manner.

We fight for our clients and push the claim as far as it can possibly go within the Deepwater Horizon settlement. If the claim cannot proceed any further, and the claimant does not receive a settlement, they owe us nothing.

Time is Limited – Act Now!

If you have your paperwork ready, we can quickly calculate whether or not your business qualifies under the guidelines of the settlement. Time is running low; with the deadline to file all claims being April 22, 2014. The more quickly we can gather the documents, evaluate and file the claim, the more quickly it can be reviewed and paid out through the settlement.

If you’ve ever wondered if you qualify to file a BP Claim and you have the preliminary documents at hand, call us today or fill out the form on this page to speak to claims representative immediately.  Help is just a phone call away.

Author:
BP Claims Advisers LLC

BP Settlement goes to Court again

BP Settlement LogoBP Settlement Update

It seems rather ironic that on July 8th, shortly after our Country`s Celebration of Independence, BP will continue it’s pursuit to exclude certain groups from the BP Settlement, it`s not enough they poisoned our waters, left many with out work, and left many seriously ill. They continue to turn a blind eye to the trickle down affect of our local economies.

BP is asking for a one sided ruling from the Fifth Circuit. It should not be granted.

It is Amazing how BP is arguing against compensating claims based on the Settlement Agreement they set up, because they feel it unfairly treats some claimants due to mathematical anomalies in the claims formula.

What you don’t hear them stating is, if their position is granted, they should reopen the causation testing process and claims process to all of the Gulf Coast businesses in Zone C and D that were turned away from compensation due to unfortunate timing of revenues that resulted in BP’s favor and denied those claimants compensation. The Customer Mix Test was a vicious trap that has left many claimants without a dime.

What you don’t hear them stating is if their position is granted, we may have to recalculate all claims processed to date and claimants may actually have to pay back monies under the new method of calculation.

If the Court decides to grant BP`s request, there needs to be balance, and that means all of the people that took Quick Pays should be able to come back to the table, and the Customer Mix Test needs to modified, or done a way with.

While Feinberg was declaring himself independent, and after starving out so many, he unleashed perhaps the most heinous aspect of this whole quagmire. People were forced to take Quick Pays, the keyword here is forced, and that is something that Louis Freeh should be looking into.

The BP Settlement Has One Bad Apple

Louis Freeh the former Director of the FBI has been asked to look into some misconduct by an Attorney working for the Fund for doing some favors for a Law Firm in New Orleans. The fund was alerted of this some time ago, and David Welker, the Head of Security for the Deepwater Horizon Settlement Fund took immediate action. Much of the Attorneys actions occurred before he went to work for the fund in November 2012.

It just seems that for this news to break, at this particular time, with the July 8th date looming, it all seems very orchestrated. Couple that with BP`s new ad Blitz, come on now, eyes wide open guys.

BP Settlement Investigation

Since Judge Barbier has granted Mr. Freeh to go “fact-finding as to any other possible ethical violations or other misconduct” within the settlement program, I beg of him to look at the Quick Pay Scam, without doubt it was the Most Egregious Betrayal of the Public Trust. There would not have been a Deepwater Horizon Settlement had the GCCF been managed correctly, and Feinberg actually kept his promises, and that Mr. Freeh, is something We the People of the Gulf, really need you to sort out

Mr. Freeh, you are a welcome addition to this ever evolving situation, but I truly think you will find more dirt turning over the stones of the GCCF, then you ever will for The DeepWater Horizon Settlement.You will find layers upon layers of deceit, cloaked as incompetence, all meant to thwart people getting paid what they truly deserved.

It`s really this simple, the GCCF was run by Feinberg (paid by BP) and he hired Brown Greer. The Leadership of the Settlement Fund eventually had to create workarounds as BG were up to the same old tricks , stalling claims, hence Postlethwaite & Netterville comes into play ( hired by the Leadership of the Fund), and are doing a fantastic job.

The GCCF used a tried and true tactic of Delay, Deny, and Defend, that Mr. Freeh should definitely be on your agenda.

The BP Settlement is run by Judge Barbier and Pat Juneau, not BP, Americans who just want implement a Settlement that BP agreed to, and now wants to renege on.

For far too long British Petroleum was in charge, as they victimized the people of the Gulf.

Now as The BP Settlement finally gains traction, they are struggling to be in charge once again, didn`t we have to deal with this over 200 years ago.

If you need Help with your BP Settlement, we will Help You.

By

The GCCF v.s. The BP Settlement

bp settlementDid all of your friends receive BP Settlement Payouts with little or no supporting documentation for their claim?

Did you work for a company where all of the other employees received compensation except for you?

Was your BP claim denied for no reason?

It is important to understand that before the Deepwater Horizon Economic Settlement came into play, there was a different group responsible for compensating businesses and individuals for losses incurred from the April 2010 oil spill. This was the GCCF, not the BP Settlement.

The Gulf Coast Claims Facility offered quick payments to individuals and businesses along the gulf coast and forced them to sign releases not to sue BP again in the future. Some people received settlements by submitting minimal to no documentation, while others that did the same job for the same company received nothing. 

Unfortunately, no one actually knows what guidelines the GCCF was using in regards to their payouts, which is probably one of the reasons they no longer exist today. At this time, anyone who signed a full and final release with GCCF may not file another claim for the same business or individual.

If you were denied by the GCCF, we may still be able to help you under the terms of the BP Settlement.

If you never updated your GCCF Claim, you need to do so to be a part of the Deeepwater Horizon Settlement.

The Deepwater Horizon Economic Settlement, which took over after the GCCF was shut down, was set up with very specific guidelines which the claims administrators follow down to the tee.

Most of the time, detailed, full documentation is now required for both business and individual claims. This is not to say that it is impossible to supply the needed documents; our office receives multiple settlement offers per week for both businesses and individuals. This just means that to present a valid claim to the settlement reviewers, you must provide the documents they are looking for. There are instances when workarounds are possible.

BP Settlement Help

BPClaims.org and our network partners work closely to prepare and file thousands of claims. We help our clients understand the process and paperwork they will need to provide to ultimately receive a payout. We know this can be a frustrating and confusing process and we work hard to help alleviate the stress that comes along with it.

We work with:

  • Business Owners
  • CPA`s
  • Individuals
  • Non-profits
  • Law Firms
  • VOO Claimants
  • and anyone else affected by the BP Oil Spill

When it comes to the help we provide for a BP Settlement, we do all that we can, including but not limited to:

  • Helping clients prepare and file valid claims
  • Responding to Incompleteness and Follow-up Incompleteness notices
  • Filing appeals to BP
  • Responding to appeals made by BP
  • Filing Medical Claims
  • Looking deeply into Denied Claims

If you or your business was truly affected by the oil spill, we can help you gather the needed documentation, process and file your claim. Please contact us today to get started.

Also for the latest news on the BP Settlement, visit our news page here.

BP Settlement Claims press Northward

Zone D Claims ROLL in

bp settlement  If you live in the states of Alabama, Mississippi, and Louisiana, and suffered a loss during the period of the Oil Spill 4/20/10, you could be entitled to file a BP Claim. There have been meetings set up by Attorney General Luther Strange in Birmingham, Huntsville, and Cullman over the last week to educate individuals, and business owners of this fact. Many Business owners and Individuals that live in the Northern areas of these states were unaware that they could file for compensation through the new DeepWater Horizon Settlement Centers.

 The Northern areas of Louisiana, Mississippi, and Alabama, are typically zone D.

A zone D business claim that fits the V-Trend model is the best candidate for getting paid. There are other models, but a business who’s revenue pattern meets the V-trend is by far the easiest claim to prove, and will require the least amount of documentation to file.

For a business in zone D to meet the V-trend revenue pattern, they would see a 15% decline in revenue in 2010, versus the same benchmark period of 09, or 08 and 09, or 07, 08, and 09 averaged together.  It will also see a rise in 2011 of at least 10% during the same benchmark period.

There are several other models such as the modified V-trend, decline only, and the failed business calculation. Businesses which meet a different revenue pattern will most likely have to pass the customer mix test, and claimants will have to identify where their clients came from, how much they spent and when they spent the money. For some businesses this is easy, for others such as restaurants and retailers it can be nearly impossible to track. There are some solutions for the customer mix test.

BP is trying to exclude certain groups from the BP Settlement.

When BP signed the DeepWater horizon Settlement Agreement, they left it uncapped except for the Seafood Compensation aspect. That means that BP could be on the hook for Billions more then they anticipated. They are seeing some large claims come through for Businesses in the Agriculture, Construction, Media ,and Professional areas, and hence want to exclude them. After being shot down by Judge Barbier several times, they are now appealing to the 5th circuit.

BP is also rumored to be in talks with David Cameron the Prime Minister of the U.K., asking him to go directly to President Obama to intervene. After some of the decisions that I have seen the 5th circuit make, I would not be at all surprised that BP may very well get their way. With the right amount of political pressure, accompanied by a huge war chest, and the right Attorneys, my personal opinion is that all bets are off.

Most of the Attorneys we process claims for seem to think that nothing will change. We are not Attorneys, we are claims processors and advocates. My gut says they’re wrong. We have been at this a long time now and have seen crazier things, like Feinberg’s Quick Pays.

Our Team

We do work with Attorneys when necessary,  but usually just on Appeals. We process many claims in house and do work with 2 other processors that I consider the strongest in the business.  Together make up the BP Claims Network. We traditionally charge 15-20% for Business Claims and 25% for Individual claims.

  • We can Assist you with claims that need to be updated from the GCCF days,
  • New claims
  • Incompleteness Notices
  • Denied Claims
  • Claims that have been Appealed by BP
  • Claims that need to be Appealed by the Claimant

If you need help with your BP Claims we will do our best to help you.

 

 

Seafood Compensation Claims May still be OPEN

There is a new disclaimer that has appeared on the DeepWater Horizon Website

In layman’s terms this disclaimer states that the deadline to file all Seafood Compensation claims was January 22, 2013 BUT that if you have a Seafood Compensation claim that has not yet been submitted that you may still file it at this time and it will be reviewed on a case by case basis. There are no guarantees any of these claims will be accepted but claimants will be notified on the outcome of the timeliness review.

bp settlementWe have spoken to Attorneys and other Processors about this and most will NOT be taking these claims on, because of the fact that there are no guarantees they will be accepted by the BP Settlement Fund.

We have spoken to our Network partners and WE WILL BE accepting these claims. Why? Because we feel they deserve every opportunity to get paid.  As someone affected by this tragic event very directly, we want to stress that you are the top priority and we will try to help you regardless of the outcome.

If you did not meet the initial deadline, or you know someone who has a claim, but missed the deadline, please forward this to them.

We can Also Assist you with the Following BP Claims:

  1. Business Economic Loss Claims
  2. Medical Claims
  3. Claims that need to be Updated from the GCCF
  4. Claims that have been Appealed
  5. Claims that need to be Appealed
  6. Property Damage Claims
  7. Individual Claims
  8. Failed Business Claims
  9. Claims that are Stalled or have Incomplete Notices from the DeeepWater Horizon Settlement
  10. Claims that have been Denied from the BP Settlement or the GCCF

Menhaden Fishing  Significantly Down

Key figures in the Menhaden Fishing Industry have stated that the fishery is suffering. According to very credible reports given to us at BPClaims.org, the fishery is running around 20%-40% of what it was before the Gulf Oil Spill. This is eerily reminiscent of what happened to the Herring after the Valdez Spill. The fishery seemed stable for 3 years after that spill, and then collapsed. The sad fact is this environmental aftermath is still unfolding. The oil sitting on the bottom of the Gulf of Mexico may continue to cause unforeseen problems for years to come.

DeepWater Horizon Settlement Issues

A vast amount of claimants who contact us do so because they continue to receive incompleteness notices on their case. There are many reasons for these. Deepwater Horizon many times may ask for documentation that you have already submitted. We are not hearing this just from unrepresented individuals and businesses, but also from Attorneys, Processors, and CPA Firms.  Professionals in this Industry are unhappy, and making it known to the leadership of the BP Settlement and their liaisons. We sa this in the beginning of the BP Settlement, but have not seen this for some time.

Quite often instead of receiving an incompleteness notice, we receive a phone call from Postlethwaite & Netterville, this is the accounting group that the Deepwater Horizon Leadership has brought in, and they have done an excellent job. We have not had any issues with Postlethwaite & Netterville, when it comes to being asked for documentation that was already submitted. As I understand it from the people I have talked to, Brown Greer was in charge of those particular claims.

Let’s all remember that Ken Feinberg is the one who hired Brown Greer. Who hired Ken Feinberg? By now we know he was not Independent as he originally advertised; he was bought and paid for by BP. Before anyone could tell what the full extent of damage from the spill would be, Feinberg initially promised to begin compensating the affected with Interim Payments. Instead, he offered Quick Pays and many people had no choice but to take a small amount of money and waive their right to sue BP in the future. Many had lost everything they had and were desperate to put food on the table for their families. Over 200,000 Individuals and Businesses took Quick Pays and many of those were given much less than what they should have rightfully received.

For the record, The Claims Administrator inherited Brown Greer. As I understand it, and I could be wrong, their continued involvement was part of the Settlement Agreement, and BP wanted them in play.

To the leadership’s credit, they foresaw issues from the beginning of the Settlement process and got the accounting firm Postlethwaite & Netterville involved. We deal with P&N quite often when processing your claims and have found them to be most helpful.

GCCF Claims Need to be Updated

Think about this, just under a Million Claims were at the GCCF when they transitioned over to the DeepWater Horizon Settlement. We were told that the information from the GCCF would go right over to the NEW and Improved BP Settlement. It did, but what many people don’t understand is that they still need to update that information to meet the terms of the Settlement. This has been seriously frustrating to many of you who think your claim is still Live at the DeepWater Horizon Settlement. In fact, it is not. Your claim will need to be updated to meet the guidelines of Deepwater Horizon Settlement. The only advantage is that much of your documentation is digitally available, which may make it easier to prepare the claim.

BP`s 5th Circuit Appeal

BP is rumored to have asked Prime Minister David Cameron to intervene on their behalf, and I am sure they have, even though they deny it. Most Attorneys that I speak to don’t think there will be ANY changes when this case gets to the 5th Circuit, but my gut tells me otherwise. In looking at past decisions of the 5th Circuit, they have no problem reversing decisions from the lower courts. If you read the writing on the wall, BP is posturing that this settlement could mean the end of them, and they are appealing to the U.K. leadership to ensure that does not happen. If only they spent this much time and energy harboring a corporate culture that did not put money before safety. It has been proven multiple times they do not. BP has a history of putting money before safety.

If BP gets their way in the 5th Circuit, and eliminates multiple categories within the construction, agriculture, marketing/advertising, and professional fields, these industries will become excluded. They will have in essence, rewritten the BP Settlement. If that is to be the case, may I suggest that since the settlement is being rewritten; let’s allow ALL of the people that took Quick Pays to come back into play. If BP truly wants to make things right, as they are stating in their commercials, let’s bring back the Quick Pays and allow them to be reconsidered since they were preyed upon by Feinberg anyway.

Quick Pays

Besides the explosion and the environmental catastrophe that followed, Quick Pays are perhaps the most devastating aspect of this event. Good people, mostly those that made their living for generations from the Gulf were the hardest hit. Many had little education and had no idea what they were signing. Feinberg came out with the program around Christmas 2010, but it would not hit high gear until April 2011, one year after the spill.

By that time homes were in foreclosure, boats were being repossessed, and people were desperate for money. The 5k or 25k payments were nothing short of extortion.  If BP is going to have the ability to rewrite the settlement, let’s bring Quick Pays back to the table as well. If they’re going to take away, they should give something back in return. Since BP is now stating that the groups that they are trying to exclude were not injured by the Gulf Oil Spill, let’s make sure they help the people that were, and truly make things right, just like their commercials say.

Our Team

We have the BEST PROCESSORS in the country working on your claims. We handle many of them in house, but also work with several other groups that have an extensive track record of getting claims paid. We handle claims for 15%-25%, there are no hidden fees and we don`t get paid until you do.

BP Appeals

Appeals are becoming more and more a part of the DeepWater Horizon Settlement. This is what we have seen, if your Appeal is prepared correctly, and you have the information to support the appeal, the DeepWater Horizon Settlement appeals system spearheaded by David Duval will compensate you what you are owed. NAICS codes have a lot of weight in this equation, but often they are incorrect. Often we are finding that the CPA`s a business used to file their taxes used the incorrect code. There are many variables when it comes to the appeals process, if you need assistance we have a team that specializes in appeals.

BP Needs to abide by the BP Settlement

BP Settlement News

bp settlement BP needs to stop with the commercials, and the B.S. we are on your side, when in fact they are doing everything they can to undermine the BP Settlement. After getting shot down attempting to rewrite the BP Settlement by Judge Barbier several times, they are now trying to get their way in the 5th circuit.

BP is attempting to eliminate numerous categories of claimants, we have been telling you this for the last month.

So when you see their commercials on T.V., telling you how well they are treating the people along the Gulf.

Know the TRUTH, THEY ARE NOT ON YOUR SIDE. Actions speak louder then words.

This is all about money, and BP is doing it`s best to save theirs.

Recent BP Settlement History:

  • BP sues Pat Juneau for misinterpreting how he is suppose to administer funds under the terms of the BP Settlement. Let me tell you something, we process many BP Claims in house and these people stick to the letter of the Settlement. All BP wants to do here is exclude certain categories, professionals, construction, media, and agriculture are the prominent.
  • BP has tried several times to rewrite the BP Settlement, and tried to enroll the Judge and the P.S.C. The P.S.C. and the Judge have stood firmly, holding BP to the terms of the Settlement.
  • BP uses appeals as a method to stall payments, overwhelming the DeepWater Horizon Settlement Appeals Process.
  • BP sets up traps within the BP Settlement, such as the Customer Mix Test, if a Claimant is not covered under a straightforward V Trend model, most will never see a dime. We are woking to fix that.
  • BP agrees to pay stockholders 8.5 Billion for losses and expedites payments, but not the people of the Gulf.
  • BP hires Feinberg who declares himself Independent until the Judge ORDERS him to Stop, meanwhile over 200,000 people take his devilish Quickpays.
  • BP now appeals Judge Barbiers Decision to the 5th Circuit, and wants to eliminate dozens of categories they initially agreed to pay under the terms of the BP Settlement.

Still think BP is on Your Side.

What are we seeing NOW

The DeepWater Horizon Settlement has accelerated it`s processing capabilities. Postlethwaite & Netterville, the accounting firm that is now handling the majority of the BP Claims seems to be doing a good job, at the very least, much better then their predecessor. If there are issues with a claim, we are often given a phone call, or an email, and time to cure the issue before incompleteness notices, or other notifications are given. This has been a relief, and a much needed departure from past processing procedures. We can tell you from first hand experience that they strictly adhere to the terms of the BP Settlement.

Appeals, appeals, and more appeals, BP is still up to it`s old tricks trying to appeal BP Settlement Claims. They are taxing the Appeals system, and the peoples patience. The Judge and the Plaintiff Steering Committee are doing their best to thwart them, but still they persist.

Our History

We have heard from more then 50,000 people over the last 3 years. Our first site was SurvivetheSpill.com that was meant to get people help that needed help, from people that could give help. The issue was, too many people needed help, we eventually would align with Catholic Charities, and the Guys from Deadliest Catch, and we would help 1,000`s, with SurvivetheSpill.com.

We have been at this from the beginning, and we know from  first hand knowledge what is really going on.

We were then told to foll0w the BP Claims process by some attorneys because it was going to be a mess, and we did, that`s when BPClaims.org was born.

This would lead us into processing claims during the GCCF days, and eventually building The Network of Claims Professionals we have today.

Combined we have over 300 Million dollars in claims paid, and over 2 Billion dollars in the current settlement.

If you need assistance with your BP Settlement call us today at 1-800-BP-CLAIM

BP Claims Professionals are only a phone call or a click away.

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