Fishermen BP Claims Archives

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 and a few new wrinkles: maybe

BP SettlementJust when you think the BP Settlement is what it is, and yes there are a few things wrong with it, a contingent of Plaintiff Attorneys (who have some valid points) and BP want to change things.

It is apparent that Pat Juneau and Judge Barbier are sticking to the letter of the Settlement, but outside forces would like to change all of that, and just might, and that could affect a lot of people – if BP Gets their Way.

At this point BP is actually suing Pat Juneau the Claims Administrator of the BP Settlement – Shame on them, tactics such as these could be construed by some as extortion.

If BP can manipulate the courts and the Settlement, and they are trying, numerous groups could be excluded from the Settlement. If your claim falls into an excluded group, but it is already in the settlement, you are considered Grandfathered in.

Claim Groups BP is trying to Exclude

Please go to the bottom of the post for the complete list, and it is a long list.

Most notable are Contractors, Farmers, Aquaculture, Media Companies, and Doctors. Lawyers are also on the list.

Why is BP trying to change the BP Settlement –  basically because they have started to see the numbers roll in from these groups, and they are staggering. Some have told me that BP is not happy with their Attorneys who created the initial Settlement.

The Reality is, it`s all about money, when it should be, recognizing the trickle down effect this horrific event had on our economy and our ecology.

The Gulf Coast Region was in a recovery from the Housing Disaster when this happened, and the Oil Spill knocked that recovery back 3 years.
Many industries were affected, as the recovery was knocked for a loop by BP. To this day I can not think of one Industry that did not feel the affect.

BP Approves over 8 Billion Dollar Payout –  Was it to the Victims of the Oil Spill?  No, it was to it`s Shareholders.  It is suppose to be paid out in the next 12-18 months, that`s a whole lot faster then it got the money to the Victims of the Oil Spill. This is typical of how BP thinks, putting their own in front of what should be a priority of the majority.

IF a deal is cut between BP and the PSC and approved by the Judge, or if it is approved by the Courts, any of the below Industries could be out of the Settlement, if they have not yet filed with the Deep Water Horizon Settlement. If you have filed with the Settlement, you are grandfathered in so to speak.

My thoughts, and I am not a lawyer, is I would make sure that my BP Settlement Claims got filed ASAP.

The Hearing on  ”BP’S EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION AGAINST THE CLAIMS ADMINISTRATOR AND SETTLEMENT PROGRAM TO ENJOIN PAYMENTS AND AWARDS FOR BUSINESS ECONOMIC LOSS CLAIMS BASED ON FICTITIOUS “LOSSES”"  is scheduled for April 5th.

We feel time is of the Essence to get Claims in that could be Excluded, into the BP Settlement, so they are grandfathered in.

BPClaims.org Brings Out The Big Guns

If you fill out the form to the Right, we will make sure large business claims go to  Groups that have numerous CPA`s, and are the leading Firms handling BP Claims in the country. They are not  law firms, though they do work with them, and other CPA firms. They typically charge 15% for assisting you with your claim.

We will be handling the smaller business claims in house.

These Firms have compiled the best talent in the industry.

In my estimation, they believe in Performance not Promises, I am proud to say they are some of the most integritous groups  I have met in my experience trying to assist people throughout this event.

We think this will be the most efficient way to bring in as many claims as possible before certain claims are possibly excluded. A hearing date is scheduled for April 5th.

As I understand the Groups BP are trying to Exclude can be found below.

Recently I also heard Realtors were on the list, please don`t take this list as the Gospel, but I believe it is accurate.

Soybean Farming

Oilseed (except Soybean) Farming

Dry Pea and Bean Farming

Wheat Farming

Corn Farming

Rice Farming

Oilseed and Grain Combination Farming

All Other Grain Farming

Vegetable and Melon Farming

Potato Farming

Other Vegetable (except Potato) and Melon Farming

Fruit and Tree Nut Farming

Orange Groves

Citrus (except Orange) Groves

Apple Orchards

Grape Vineyards

Strawberry Farming

Berry (except Strawberry) Farming

Tree Nut Farming

Fruit and Tree Nut Combination Farming

Other Noncitrus Fruit Farming

Greenhouse, Nursery, and Floriculture Production

Mushroom Production

Other Food Crops Grown Under Cover

Nursery and Tree Production

Floriculture Production

Other Crop Farming

Tobacco Farming

Cotton Farming

Sugarcane Farming

Hay Farming

Sugar Beet Farming

Peanut Farming

All Other Miscellaneous Crop Farming

Animal Production

Cattle Ranching and Farming

Beef Cattle Ranching and Farming

Cattle Feedlots

Dairy Cattle and Milk Production

Dual-Purpose Cattle Ranching and Farming

Hog and Pig Farming

Hog and Pig Farming

Poultry and Egg Production

Chicken Egg Production

Broilers and Other Meat Type Chicken Production

Turkey Production

Poultry Hatcheries

Other Poultry Production

Sheep and Goat Farming

Sheep Farming

Goat Farming

Aquaculture

Finfish Farming and Fish Hatcheries

Shellfish Farming

Other Aquaculture

Other Animal Production

Apiculture

Horses and Other Equine Production

Fur-Bearing Animal and Rabbit Production

All Other Animal Production

Forestry and Logging

Timber Tract Operations

Timber Tract Operations

Forest Nurseries and Gathering of Forest Products

Forest Nurseries and Gathering of Forest Products

Logging

Logging

Support Activities for Agriculture and Forestry

Support Activities for Crop Production

Cotton Ginning

Soil Preparation, Planting, and Cultivating

Crop Harvesting, Primarily by Machine

Postharvest Crop Activities (except Cotton Ginning)

Farm Labor Contractors and Crew Leaders

Farm Management Services

Support Activities for Animal Production

Support Activities for Animal Production

Support Activities for Forestry

Support Activities for Forestry

Construction

Construction of Buildings

Residential Building Construction

New Single-Family Housing Construction (except Operative Builders)

New Multifamily Housing Construction (except Operative Builders)

New Housing Operative Builders

Residential Remodelers

Nonresidential Building Construction

Industrial Building Construction

Commercial and Institutional Building Construction

Heavy and Civil Engineering Construction

Utility System Construction

Water and Sewer Line and Related Structures Construction

Oil and Gas Pipeline and Related Structures Construction

Power and Communication Line and Related Structures Construction

Land Subdivision

Land Subdivision

Highway, Street, and Bridge Construction

Highway, Street, and Bridge Construction

Other Heavy and Civil Engineering Construction

Other Heavy and Civil Engineering Construction

Specialty Trade Contractors

Poured Concrete Foundation and Structure Contractors

Structural Steel and Precast Concrete Contractors

Framing Contractors

Masonry Contractors

Glass and Glazing Contractors

Roofing Contractors

Siding Contractors

Other Foundation, Structure, and Building Exterior Contractors

Building Equipment Contractors

Electrical Contractors and Other Wiring Installation Contractors

Plumbing, Heating, and Air-Conditioning Contractors

Other Building Equipment Contractors

Building Finishing Contractors

Drywall and Insulation Contractors

Painting and Wall Covering Contractors

Flooring Contractors

Tile and Terrazzo Contractors

Finish Carpentry Contractors

Other Building Finishing Contractors

Other Specialty Trade Contractors

Site Preparation Contractors

All Other Specialty Trade Contractors

Professional, Scientific, and Technical Services

Professional, Scientific, and Technical Services

Legal Services

Offices of Lawyers

Offices of Notaries

Title Abstract and Settlement Offices

All Other Legal Services

Accounting, Tax Preparation, Bookkeeping, and Payroll Serv’s

Offices of Certified Public Accountants

Tax Preparation Services

Payroll Services

Other Accounting Services

Architectural, Engineering, and Related Services

Architectural Services

Landscape Architectural Services

Engineering Services

Drafting Services

Building Inspection Services

Geophysical Surveying and Mapping Services

Professional Services

Surveying and Mapping (except Geophysical) Services

Professional Services

Testing Laboratories

Professional Services

Management, Scientific, and Technical Consulting Services

Administrative Management and General Management Consulting Services

Professional Services

Human Resources Consulting Services

Professional Services

Marketing Consulting Services

Professional Services

Process, Physical Distribution, and Logistics Consulting Services

Professional Services

Other Management Consulting Services

Environmental Consulting Services

Other Scientific and Technical Consulting Services

Scientific Research and Development Services

Research and Development in Biotechnology

Professional Services

Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)

Professional Services

Research and Development in the Social Sciences and Humanities

Professional Services

Advertising, Public Relations, and Related Services

Advertising Agencies

Professional Services

Public Relations Agencies

Professional Services

Media Buying Agencies

Professional Services

MediaRepresentatives

Professional Services

Display Advertising

Professional Services

Direct Mail Advertising

Advertising Material Distribution Services

Other Services Related to Advertising

Health Care and Social Assistance

Ambulatory Health Care Services

Offices of Physicians

Offices of Physicians (except Mental Health Specialists)

Offices of Physicians, Mental Health Specialists

Offices of Dentists

Offices of Dentists

Offices of Other Health Practitioners

Offices of Chiropractors

Offices of Optometrists

Offices of Mental Health Practitioners (except Physicians)

Offices of Physical, Occupational and Speech Therapists, and Audiologists

Offices of Podiatrists

Offices of All Other Miscellaneous Health Practitioners

Outpatient Care Centers

Family Planning Centers

Outpatient Mental Health and Substance Abuse Centers

HMO Medical Centers

Kidney Dialysis Centers

Freestanding Ambulatory Surgical and Emergency Centers

All Other Outpatient Care Centers

BP Settlement Important Deadlines LOOM

BP Settlement Seafood Compensation Deadline

bp settlement  The Date for the capped 2.3 Billion Dollar Seafood Settlement is January 22, 2013.

If you made a living from the Gulfs Natural Resources, and you have not opted out this could be your last chance to receive money from the BP Settlement.

Here are some groups that may want to Apply before it is to late.

  • Oystermen and Oyster Leaseholders: People that are involved in the Oyster Industry in general.
  • Shrimpers
  • Clammers
  • Crabbers
  • Vessel Owners involved into the Seafood Industry: Owners of Vessels related to the Seafood Industry.
  • Commercial Fishermen:
  • Boat captains including businesses, that make a living harvesting finfish, crab, shrimp from the Gulf.
  • Crew Claims: First Mate, Second Mate, Deck Hands

OPA Claims Presentment Deadline is January 20, 2013,

*please note if you are not located in a zone approved by the DeepWater Horizon Settlement, but your client base is in a zone, your claims are EXCLUDED.

If you have already Opted Out of the Settlement, you must fill out the form for OPA Presentment by the January 20, 2013.

You must file for OPA Presentment if you fall into these Categories

Who was Excluded from The DeepWater Horizon Settlement

These types of businesses and their employees are for the most part not included in the Settlement, if you have not filed though OPA the time is NOW.

  • Most Casino Type Institutions;
  • Most Fund, Trust, and Banking Entities;
  • Most Defense Contractors;
  • Most Oil & Gas Industry Entities;
  • Most Insurance Companies;
  • Bodily Injury Claims;
  • BP Shareholder Suits;
  • Moratorium Loss Claims;
  • Claims relating to Menhaden (or “pogy”) fishing, selling, processing, and harvesting;

Claims for Damages by Companies or Individuals for employment in the Financial, Insurance, Banking, Gaming, Oil & Gas, Defense Contractor industries, and Real Estate Development, as well as Entities selling or BP-branded fuel.

You can download OPA Presentment Form at BPClaims.org/demands.pdf

BP Settlement Gets Judges Approval

Judge Barbier Approves the BP Settlement

deepwater horizon settlement  If you follow the doomsday theorists, 12/21/12 was suppose to be the end of the world, well, not really, it was the first day of the official BP Settlement. Any connection, probably not, but Judge Barbier did lay a compelling and substantive case as to why The DeepWater Horizon Settlement should move forward. You can read it for yourself here.

There are issues with the settlement, but the fact of the matter is we all just want to see people and businesses get paid, and this is what we have to work with. There was a lot of interesting information in the 125 page document. Most compelling was the Judges rebuttals of the numerous objections raised. The Judge provided his thoughts in great detail as to why he thought certain objections did not have merit, or were basically outweighed for numerous reasons, citing a variety of case law.

I still believe there are issues with the Customer Mix Test and NAICS codes, but much of that can be handled with an Appeal, and we will all see how those Appeals are handled. If David Duval who heads up the BP Settlements Appeals division can get adequate compensation for the BP Settlement Claims that deserve it, and if he is given some latitude in correcting NAICS codes and other assorted anomalies, then I think the BP Settlement is a strong substitute for litigation. We will see how this aspect of the process unfolds, and how much leeway he and his Team are given. There is a lot riding on this aspect of the DeepWater Horizon Settlement Structure.

Seafood Compensation Program (You have 30 Days)

Under the terms of the BP Settlement, people that are taking part of the Seafood Compensation Program only have 30 Days after the Judges approval to present their claim to the DeepWater Horizon Settlement Fund for Approval. That means the clock is ticking and if you haven`t filed yet, you need to.

BP Settlement Numbers

91,000 people had so far filed with DeepWater Horizon Settlement Fund. They expect that number to hit over 1,000,000, hopefully many more will come to the table now that the Judge has formally approved the BP Settlement.

Excluded Claims Have Until January 19th to be Presented to OPA

If you were excluded from the BP Settlement you must have your claim filed by January 19th. That means you need to act now, to protect your Rights. We have people that can Help You.

These types of businesses and their employees that are for the most part Excluded from the Settlement.

  • Most Casino Type Institutions;
  • Most Fund, Trust, and Banking Entities;
  • Most Defense Contractors;
  • Most Oil & Gas Industry Entities;
  • Most Insurance Companies;
  • Bodily Injury Claims;
  • BP Shareholder Suits;
  • Moratorium Loss Claims;
  • Claims relating to Menhaden (or “pogy”) fishing, selling, processing, and harvesting;

Claims for Damages by Companies or Individuals for employment in the Financial, Insurance, Banking, Gaming, Oil & Gas, Defense Contractor industries, and Real Estate Development, as well as Entities selling or BP-branded fuel.

GCCF Denials and Stalled Claims

If you had filed with the GCCF and been denied or been stalled, there is still hope for your claim under the BP Settlement. For all of its flaws, and it still has a few, in this writers opinion it is a whole lot better then what the GCCF was under Mr. Feinberg. It is transparent, it has a clear methodology, and it is not arbitrary. The folks that run the DeepWater Horizon Settlement want to pay you, and many claims that were shunned by the GCCF are welcomed under the terms of the BP Settlement.

Multiple Store Locations

We have seen a tremendous growth in Companies with multiple stores, in multiple locations, making BP Settlement Claims with us as of late. These claims have a different parameters to meet, as they are often located in a number of different Settlement Zones, often with a Headquarters that is not located in any of the Settlement Zones. We have seen an influx of Real Estate Companies, Restaurants, and assorted other Franchises ask us for assistance, we have a separate Division specializing in assisting these entities.

VOO Claims

We have had great success in getting VOO Claims through the system. We have even gotten them through after BP has appealed them. We have heard that BP is appealing them at a more frequent rate, and we can help you, we have gotten some through in as little as 2 weeks.

What will we See Next

Now this part is pure conjecture mixed with some facts, I am not an Attorney, but we are pretty involved in all of this, and I think we have a good read, and some inside track to what will happen next.

  • The DeepWater Horizon Settlement Fund will pick up speed processing claims.
  • More Staff will be hired to necessitate the above.
  • More Individuals will begin to see their claims get Paid.
  • More Claimants will come to the Table.
  • Some Latitude will be given to the Appeals Division for NAICS code issues

The BPClaims.org Network

I am so proud of all of the people that make up our Internal Staff, I have never met a group of people that really put the Claimants welfare at such a high paramount. It is all working as intended, and this could not be done without your continued vigilance on the claimants behalf, and the compassion that you all have displayed over the last couple of years. As we have begun to add more staff, and create different Divisions, I am sure this trend will continue.

Partners within the Network have all displayed similar characteristics, and have been working 7 days a week to meet the Claimants needs.

We process your BP Settlement Claims for as little as 15% without using Attorneys, and slightly more if they are needed.

 

 

BP Settlement Opt Out and more Thoughts

BP Settlement Opt Out Date is Drawing Near

DeepWater Horizon SettlementNow let me state this at the outset, I am not an Attorney but we now have one who is independently working with us at BPClaims.org.  What I am about to say should in no way be construed as legal advice, it is my opinion, and my thoughts.

That said and to put it as simply as possible: if your claim does not fit into the framework of the Deep Water Horizon Settlement, you may want to seriously consider opting out.  But, if you can prove your losses, and have ALL the paperwork to support your claim you may want to stay within the framework DeepWater Horizon Settlement.

If you have a medical claim and are seriously sick, you may want to opt out of the Settlement.

If you have an economic claim and you have gaps in your paperwork or other issues, opting out should be very much on the table.

The Settlement fund wants to pay you, but only if you can provide all of the documentation that they require.  Their hands are tied, all they do is administer the DeepWater Horizon Settlement, which was created by BP and the Plaintiff Steering Committee and overseen by Judge Barbier.  The Settlement is not open for interpretation; it is what it is, and it is just beginning to pay people.

Many Attorneys want you to Opt Out, this is to protect your rights in most cases, though there have been reports that some are doing it for self gain, and higher fees down the road.

We have seen the DeepWater Horizon Settlement Fund make serious strides in processing claims, and they are beginning to pay those claims. I met with some of the leadership of the claims process myself recently and they have a high degree of integrity and take this very personally. Most of them are from different areas of Louisiana and have family and friends that were deeply injured by the BP Oil Spill. Their Legacies and Heritage are on the line.

Who is in the DeepWater Horizon Settlement

As I understand it, if you are in any of the Settlement Zones, you are automatically in the Class and if you don`t want to be in the Settlement you will need to Opt Out. These zones include the whole states of Louisiana, Alabama, Mississippi, parts of Texas ,and the coastal counties along the Gulf and the Keys of Florida.

How do you Opt Out of the DeepWater Horizon Settlement

Your Attorney can NOT do this for you.

It is really quite simple, you write a letter. Here is what you need to to do, it must be postmarked by November 1 st 2012.

Here is an example of an Opt Out letter.

I John Doe, 123 Main Street, Destin,  Florida. I wish to be excluded from the Economic Class or Medical Class Settlement.

Sincerely

Signature

John Doe

Write one letter for each one of your claims, if it is a business I would write both an individual letter and business letter and include your E.I.N. or your social security number. If you have a medical claim and an economic claim I would write a letter for each of my Claims.

Address the Letter to: For Economic Opt Out

Deepwater Horizon Court Supervised Settlement Program
Exclusions Department
P.O. Box 222
Hammond, LA 70404-0222

To validly exclude yourself from the Economic Class, you must submit a written request stating “I wish to be excluded from the Economic Class.” The request must include your printed name, address and phone number and must be postmarked no later than November 1, 2012. The written request must be signed by the Natural Person or Entity seeking to exclude himself, herself or itself from the Economic Class, even if they are represented by an attorney. Electronic signatures will not be accepted.

 

For The Medical Settlement
Deepwater Horizon Medical Benefits Settlement Opt Outs
935 Gravier Street, Suite 1400
New Orleans, LA 70112
To Opt Out of (exclude yourself from) the Medical Class, you must mail in a written request stating “I wish to exclude myself from the Medical Class.” Your written request must also include your full name, address, phone number, date of birth, and a copy of your driver’s license or other government-issued identification. You must sign your written request.

Whats Next if you Opt Out of the DeepWater Horizon Settlement

You will need to prepare a claim for O.P.A. presentment, this is also called the BP Claims Program and it is administered by BP. You do not need an Attorney to do this. You will need an Attorney if you don`t get what you want from BP, and decide to litigate. You have to go through the O.P.A. process before you can litigate. My issues with this are these:

  1. The BP Claims Program is run by BP, we`ll see how they do; the jury is still out.
  2. Attorneys and other Processors will put their best claims first into the process, individuals will be left behind again.
  3. The Settlement is fair if you can prove your losses.
  4. There are too many people capitalizing on peoples’ fear.
  5. I don`t think people should have to go through O.P.A. before the choose to litigate.

Individual Claims that have issues really need to think about Opting Out at this point, it is my opinion that they may be best served down the line when the Attorneys start putting them in Classes. I would also expect that many Attorneys will drop many Individual Claims as they will be pressed for time to put together these claims by the January 20th deadline.

So what is Happening Now with the BP Settlement

  • We have gotten clients through our network literally millions in the last few weeks
  • Restaurants have received 300k – 700k
  • Business Claims of all sorts have received from 20k-800k
  • A Property Owner with Oil on their Property was offered over 30 Million; that was one claim.

After the Settlement is ratified on November 8th at the fairness hearing the DeepWater Horizon Settlement will become more streamlined. There will be less claims in their que as many of the ones with issues will choose to opt out. There will be less of a need for an Attorney as you will either fit or not into the Settlement. There is little room for interpretation.

I see more of a role for Attorneys during O.P.A. presentment as certain Attorneys do have reputations for holding BP accountable, and they may decide to form some sort of class down the road, before litigation. It is difficult to predict exactly what tact they will take with BP. In the end, if they choose to litigate I do expect Claims to be broken down by Class and the different cases will be paid by Merit and extent of loss, but they will be settled in groups. I do not expect to see many cases to reach the Court House.

Recent News: BP pressures Judge to approve DeepWater Horizon Settlement Process

Recently it was reported that BP was trying to pressure Judge Barbier into approving the DeepWater Horizon Settlement. I think they are doing this because of the unexpectedly low turnout of BP Claims entering the Settlement process, and they think they are going to get off light. When BP actually pushes their own agenda, we should all pay special attention.

My opinion is that Judge Barbier is the wrong person to push, and at some point I would expect him to push back. There is no doubt that BP wants to put this behind them but if I were them I would tread lightly.

Solutions

When I first started working in this field, we created a site that was designed to get people aid that were victims of the Oil Spill, it was very successful and Catholic Charities stepped in and helped many of the people that we referred to them. Many of these people were exceptionally sick or were on the verge of loosing it all. Later I was told to follow the Claims process, we then created BPClaims.org. We would enroll Attorneys, Claims Adjusters, Accounting Groups, and other Web Designers to assist us in making BP pay. It was a big job and we knew we needed help. I am sad to say some were more interested in dollars then they were in helping people  and they cherry picked clients. They were cut from the Network.

For me it has always been about the people and their businesses, and it always will be.

We have the LARGEST NETWORK of BP Claims Professionals on the Planet.

We can Help you if you decide to Opt Out.

They ALL Specialize in different types of Claims. We now can process your claims in house for as little as 15%, If your claim is complex or a high dollar claim, we have the support of one of the Nations Largest Accounting Firms. They are currently processing more then 500 Million Dollars worth of Claims.

There are Attorneys within the network that specialize in Claims that were not covered in the Settlement such as Casino Workers, Insurance Companies, Moratorium Claims, and Developer Claims just to name a few. We are not talking about one firm here, we are talking about 10 different firms. Different Claims are handled best by Firms that specialize in different types of claims. Their fees range from 20%-25% at this time, but expect those fees to rise if they have to move towards litigation.

Recently we have brought in an Independent Attorney to help you; he has volunteered to assist people decide whether or not you need to Opt Out or stay in the DeepWater Horizon Settlement. You can reach him at 1-800-BP-CLAIM.

The next few days are critical, if you need assistance just call or fill out the form to the right. We will be working 18 hour days, we are here for you. We have been here from the beginning we will be here to the End.

 

 

BP Claims Settlement a Reality Check

BP Settlement and How We got Here

BP Settlement  The days are coming to a close when you will have to decide whether you are in or out of the BP Settlement. It’s actually very sad that some of you will have to wait years to ever see a penny from BP.

They deployed their strategy long ago through Feinberg, when he made certain that many of your claims would never see the light of day; through the delay, deny, and defend tactics employed by unscrupulous insurance companies.  When he replaced World-renowned Claims Adjusting Companies with Law Firms with no experience in this sort of matter, to Process your claims, we all got screwed.

I am not saying that this was intentional on his part or their part, but when you look at a typical textbook play of how to thwart payments to claimants after natural disasters, major manufacturing mishaps, and pharmaceutical negligence you can now add the BP Oil Spill to the list.

The Settlement

If the BP Settlement survives, and I am betting it will, certain businesses that only show losses in 2010, but not 2011 will be the major winners. Individuals and businesses without a clear-cut or well-documented cases will simply have to wait. People who made a living from the Gulf will be compensated in some cases but most will be lost for years in the system. There needs to be some wiggle room, so that more people/businesses can fit into the Settlement framework.

And, we needed a better sample set of claims that would get PAID under the Settlement, but I am afraid a certain Processor made sure that would not happen, and used incompetence as the mechanism; very legal, very smart, and very shameful.

This trap was set a long time ago when Obama met with BP and struck the 20 Billion Dollar Deal. When Obama hired Mr. Feinberg he allowed BP to pay him and let him play by their rules.

Obama should have seen this coming and protected us, but he let BP dictate everything, from clean up to Corexit, from payouts to processing, it was never in our hands, it was always in BP’s.

We have seen a wave of offers come through lately, and have been promised payments for them soon, but we have seen nothing in the mail and, the clock is ticking. It is difficult for many to stay in the settlement if your claim is in limbo, and before November 1, 2012, you have to make a decision to either stay,  and find out you may not qualify, and get nothing, or go, and enter a third claims program actually run by BP, before you can even litigate.

The Settlement needs more time, the people need more time, the process needs more time. It is in my humble opinion, that the deficiencies of the BP Settlement have just begun to be addressed, and there is a great framework to work within here, but we need to see some fruit, we need to see how claims will be treated. There is just to much uncertainty, and that is leading to Fear, and to many people are capitalizing on that,

What Happens Next OPA, Opt Out`s, and Beyond

With the Opt-Out date looming, many of you will be told by Attorneys that you will need to Opt-Out now and sign with them immediately for the ‘Oil Pollution Act’ (OPA) presentment and maybe we can get you paid under OPA. You do NOT need an Attorney for OPA Presentment.

At this time, the Attorneys/Individuals/Consultants will need to have your basic information, and approximate loss figures into OPA, in by January 20th, 2012, so they can be formally presented by April 20th, 2013.

This will be the THIRD Claims process that many of you will be going through. Yes, the third claims process; this is how they wear people down.

Let me be clear hear, if you choose to Opt-Out you do not need to immediately sign up with an Attorney, if want help finding the best Attorneys that handle your type or types of cases, we can help you there, and we will.

In all Actuality you don`t even need an Attorney, not just yet, but be ready.

Do Not Opt Out Just Yet.

The leadership of the Settlement has done their best to get the system set up, and your claims processed as quickly as they could.

The reality is the odds were stacked against them from the beginning, and it took them too long to figure it out. Using the same processors that the GCCF used was ludicrous, and they were ordered to do so. People in high positions, based on past relationships trusted them, they were deceived.

Remember who hired them and fired the people that actually knew how to process these claims, yep, good old Mr. Feinberg. BP paid Mr Feinberg, and paid him well.

It gets better, or actually worse, under OPA presentment your claims will go to The BP Claims Program based out of Houston Texas.

The BP Claims Program is run by guess who, and administered by guess who, BP, it`s like taking the lambs to slaughter and guess who are the lambs?

That`s Right BP will be in-charge of paying your OPA Claim, so who in their right mind would be in rush to put their claim in their hands?  Not Me.

Choices

It is my humble opinion and I am not an Attorney, that you can either be lead to slaughter or choose to fight; call your congressmen, your senators, and vote in the upcoming election.

Many of you on our Facebook page have talked about Marching, I suggest New Orleans, It`s all up to you.

Isn’t that how we do things here in America, so if your as fired up as I am, jump onto our Facebook page and lets start talking about the details.

I have been told that Judge Barbier and Mr. Juneau are very solid Southern Men.  Gentlemen we have people dying out there, not just economically, but from the use of Corexit 9500.  I was told last week that 3 out of 4 boys died from one family in Plaquemines Parrish from Liver Cancer.  These boys were children.

Guys that worked the VOO are dropping like flies.  We hear these stories on a daily basis and nobody is doing a darn thing about it.

BP is Negotiating with the Department of Justice

As I am write this, BP and the Federal Government are negotiating another BP Settlement with the DOJ that is suppose to bring as much as 80% of that revenue back to the Gulf States under the Restore Act. The number is in the Billions; speculation is between $15B-$21B  May I suggest the feds step in and help renegotiate the Settlement that BP and the PSC came up with, and specifically give Mr Juneau and Judge Barbier some latitude and more power to handle this their way, and not have to ask BP or the PSC for permission. Things need to get done here!!!

It`s just a thought. If there was ever time to hold BP`s feet to the fire and get something done for the people I think now might be a real good time.

And One more Thing

The Macondo Well is still leaking, there is speculation from the Coast Guard and other sources it is an old riser pipe, well it`s been leaking for a really long time now.

The Oil was tested, and it is Macondo Oil and it is fresh oil, not mixed with the sludge you would find in a riser pipe, and does it not make this whole darn process null and void, under OPA, because you can`t settle a catastrophe while it is still happening. At least find out for sure where the oil is coming from first. Can anyone say R.O.V, c`mon now.

There is a six mile, and some days much bigger, Oil Stream coming  from the Macondo Well.  It sounds like the BP Oil Spill is STILL HAPPENING.

We would never be having this conversation had Feinberg done his Job, and actually paid Interim Payments.

 

We at BPClaims.org will do whatever we can do to Help You.

We have Never and will Never put Profit in front of People.

We have the most extensive network of Claims Processors and Attorneys throughout the Gulf Coast. They charge 15-25%.

We care and it shows, and we are going to call it like we see it, ’til everybody is made as whole as they can be.  I mean everybody.

God Bless…B

 

 

 

BP Property Claims and VOO Claims get first look

bp property claims  The DeepWater Horizon Settlement Fund has certainly made a priority of paying VOO Claims and property Claims first. With over 3,300 Notices sent out, over 3,150 are either for BP Property Claims or for VOO Charter Payment.

VOO Charter payment accounted for over 2,500 Eligibility Notices for Payment. We told you VOO Claims would be the first to get paid months ago. We have gotten VOO Claims processed and paid in under a week.

BP Claims Status Report

On September 5th the Claim Administrator Pat Juneau , made available a report on the progress and the status of the claims review process. There are serious issues that they are encountering, they are trying to develop workarounds to these issues.

BP did not seem to be amendable regarding some of the workarounds. Shortly after the report the Department of Justice came out with a statement that they would be pursuing Gross Negligence charges against BP. A few days after that The Settlement Fund came out with a notice that some document requirements would be relaxed. Hopefully BP got the message, and this will allow for more claims to be paid, and faster processing.

According to the Report many claims did not have sufficient documentation.

  • 40% are missing one or more required documents
  • 52% of Represented and pro se Claimants Claims were incomplete
  • 48% of the claimants had claims with the GCCF that were incomplete
  • 8,100 claims have been reviewed since mid-July

The numbers of Business Claims, Seafood Compensation Claims, and Individual Loss economic claims that have received an eligibility notice for payment is tragically low. This will hopefully change as the documentation guidelines have been relaxed. They needed to be.

This what we have seen through our network, VOO Claims are getting paid, many of the VOO Claims we have gotten paid had already taken Quick Pays.

Many of our larger Business Claims and those in our Network, have Claims that have gone under review. Several firms in the Network have received offers for their Business Claims, most of these offers were accepted and considered to be fair.

BP Settlement Fund has much to Do

The report went on to say that The Settlement is trying to get out letters of determination to over 30% of the Claimants by October 1. We had been told they were attempting to do this by September 10th.

We have been recently told  they will be sending out letters of determination to over 3,000 by the end of the week, with approximately 1/3 of them receiving offers, in essence by October 1, over 15,000 people should know exactly where they stand.

Time is running out for the BP Settlement, I do believe the people in leadership positions have the best intentions. I also believe that they are running head long into obstructions that have been there since the GCCF, and if these obstructions are not removed very shortly the settlement may not survive.

If BP does not play ball and actually try to move the process forward, instead of hiding behind their lawyers and legal wrangling, there will be serious ramifications, whether it is through a Massive Boycott, the D.O.J, or some other mechanism. I guarantee to you, it won`t be pretty.

The BP Oil Spill was their fault not Ours. We need to hold them accountable, and We will.

Issues that need to be Addressed

Some real areas of concern right now are revolving around the environment, Oysters in Apalachicola and the surrounding areas are not spawning. We all know that Corexit is to blame, I was told BP was trying to blame it on past storms. My suggestion to BP is to take FULL responsibility for ALL of the Environmental after shocks of this Disaster.

Medical issues are continuing to worsen for many. People that were on the front lines are dying from very aggressive cancers. The National Institute of Health that has been taking samples for months,  are sending out very vague letters staying very clear of linking the Oil Spill or the use of Corexit to these peoples health issues. People are dying here, we need real answers, not rhetoric.

Quick Pays, one thing I have learned form many of the people that make a living from the Gulf is that many of you have have issues reading, and many of you took Quick Pays. There is not one doubt in my mind that you were preyed upon, this issue needs to be fixed, and fixed now. With all of the issues the fisheries are having and the catches dwindling as they have, people are getting very desperate out there, and something needs to be done for them.

We will Help You

We remain committed more then ever to helping you through this process and are forging ahead with a number of entities of helping you get through this Disaster. As the process evolves so will our Strategies.

We have recently formed a relationship with a consortium of committed Oil Spill Attorneys that have a long history fighting for your rights. They specialize in BP Denied Settlement Claims, and the majority of other claims covered by the settlement, and those that are not. They are also not afraid to litigate you BP Claims.

We have also forged a relationship with an Adjuster and Accounting firm, one of the largest in the country, that specializes in BP Business Claims. They have over 300 full time CPA`s, and have retained some of the most knowledgeable people in this process.

Attorneys traditionally charge 25%

Non Attorneys charge 15%

We will Help you with your BP Claims and Beyond.

 

The BP Settlement sent out it`s first Offers

bp settlementIt has been reported that over 1,110 BP Settlement offers went out Friday, this is big news. It looks as though The New BP Settlement Fund headed by Patrick Juneau and supervised by Judge Barbier are actually going to make sure the job gets done.

In our estimation they are ahead of schedule, there were a few errors in the beginning, but the numbers look promising.

The average BP Settlement offer was around 44k.

We are not jumping for joy just yet, but it is promising.

If you would like Help filing your BP Claims we can Help you, we usually charge just 15% of what you recover, we are not related to the Court Supervised Settlement in any way.

We Can Help You File Your Claims if:

  • You have never Filed a Claim
  • Your Claim is Stalled at the GCCF
  • Your Claim has been Denied

Is the BP Settlement going to be a Gulf Coast Stimulus Package

If you all remember the economic shape our region was in after the real estate bubble burst in 2006, 2007, 2008,and 2009, were tough years, it wasn`t till the  beginning of 2010 that the Gulf Coast began to feel an uptick in the overall economy. The BP oil spill on 4/20/10 put an end to that recovery for many.

It would not be till mid 2012 that many would get the sense the economy was moving in the right direction  again. The BP Settlement by many is looked at as a Gulf Coast Stimulus Package, and indeed it could serve as such for the businesses that survived, and make it right for the ones that did not.

In all reality the BP Oil Spill thwarted the comeback our economy was making in 2010, and should pay for what they did.

Quick Pays, Quick Pays, Quick Pays and the BP Settlement

We all know that Quick Pays have not been addressed in the BP Settlement, they need to be.

We have heard from more then 20,000 people and businesses since this site has been up, over 200,000 people took Quick Pays.

Quick Pays were presented under Feinberg, when we all expected Interim Claims to begin. Interim Claims would have paid people while the true extent of the damage was equated, Quick Pays, a mechanism that was never mentioned until Feinberg took over, became the standard.

They were a travesty, and many are feeling it now, especially the fishermen.

  • Catches of Brown shrimp are down over 90%,
  •  Blue Crabs are dying on their way to the market,
  • Oyster harvesters are harvesting just 15%-25% of what they would usually bring in.
  • These people were the first target of the Quick Pays, and they are experiencing the greatest ramifications.

We have often been told that representatives of the GCCF would meet these people at the docks and tell them they needed to sign these documents to get the 25k or 5k from the GCCF, many did, not realizing that they gave up their rights to sue BP for future damages. Many business owners took the Quick Pay so they could stay in business or pay the mortgage. People were held economic hostages by the GCCF.

The BP Settlement or some other mechanism needs to address this. Quick Pays preyed upon people, Feinberg worked for BP, he proclaimed himself independent, it took a Judges order to stop him saying he was independent.

Doesn`t it make sense that a Claims Administrator declaring himself INPEPENDENT when in fact he was paid by BP, and starving people out, forcing them to take Quick Pays, caused more then just confusion.

Feinberg has caused an ongoing economic disaster for many, and it needs to be fixed.

BP Settlement Solutions

We at BPClaims.org, just want to make sure that your BP Settlement Claims gets into the best possible hands. As this has unfolded different groups have distinguished themselves in handling specific types of claims.

We have been involved in this process for a long time.

There are groups that specialize in:

  • Business Claims
  • Medical Claims
  • Individual Claims
  • Property Claims
  • VOO Claims
  • Seafood Compensation Claims
  • Claims that may need to be litigated.

We even process some BP Claims in house, and process for Attorneys and CPA`s.

Fees range from 15% for CPA`s and Claims adjusters, up to 25% for Attorney Assistance.

We will Help you with your BP Settlement.

DeepWater Horizon Settlement Begins Tomorrow

deepwater horizon settlement  Tomorrow is the day many have been waiting for. The DeepWater Horizon Settlement finally gets underway.

If you need any Help getting your questions answered we are here to help you, just call us at 1-800-BP-CLAIM.

We have expanded  our staff for as long as needed to assist in the DeepWater Horizon  Settlement. Our BP Claims Experts are standing by awaiting your call.

The DeepWater Horizon Settlement has many facets to it. They includes zones, industry types and different sets of multipliers. It also includes a great number of multiple claims for sole individuals.

If you need our assistance in any of the above mentioned issues, we would be happy to assist you. We here at BP Claims can not give you legal advise, since we are not attorneys, but we can help you make up your own mind and tell you the truth and what you qualify for under the BP Settlement.  If you need to speak to an attorney or claims adjusters we will assist you, and to get you to the industry experts with proven track records in the field.

The DeepWater Horizons Settlement will just be emerging out of its infancy tomorrow – June 4th. Expect issues with their processing capabilities for the first few weeks. We have heard form several sources that there will be quite a few oversights until they finally “hone their own process.” If you experience any difficulties with DeepWater Horizons Settlement or the facilitation there of, please call us.

We will do what we can to help you and will express your concerns to the leadership of the DeepWater Horizon Settlement if needed.

We are the Advocate for you the Client. In order for us to process claims quickly and maximize them, it is in our  best interest.

DeepWater Horizon Settlement Solutions

If you are an individual that has been effected by the BP Oil spill, we can help you. We have attorneys and claims adjusters standing by. There charges range from 7.5% over $1,000,000 to 30% for complex medical claims. The average rate per claim is between 15-20% and they do not get paid until YOU get paid. No out of pocket expenses.

For your convenience and those of our DeepWater Horizon settlement teams we will be your liaison for gathering all documentation and creating your claim packet. Therefore, if you want to know where your claim stands, you just have one phone number to call…. 1-800-BP-CLAIMS

We will help you with your DeepWater Horizon Settlement

Why Quick Pays need to be in the BP Settlement

Their Own Words

bp settlement  As Judge Barbier Considers the BP Settlement I thought we would post some of the emails from people who took Quick Pays or were offered BP Quick Pays, we all know these people were starved out and Betrayed by the GCCF under Feinberg, Judge Barbier has an opportunity to make this right under the BP Settlement.

We would appreciate any consideration of adding these people back into the BP Settlement so they could be properly compensated. Many of these people work on or in the water they have been exposed to Corexit and Oil and have suffered the side effects of elevated blood pressure, rashes, bloody stool, and death by heart attack and stroke.

These are the stories we hear day in and day out. They need your Help Judge Barbier, please grasp this opportunity to do what you can to Help them and get them into the BP Settlement..

All this being said, here is why they need to be added into the BP Settlement.

To whom this may concern…
My name is John I am an Oyster Harvester of the Apalachicola Bay,for 30yrs now.I have surely seen better days out on the water since the BP oil spill and BP oil dispersant.
My father died in the Apalachicola Bay,so I feel a special connection to him being out there.It hurts me so seeing how much things have changed since the BP oil spill and oil dispersant.

This past year has been by far one of the worst and hardest oyster harvesting years.Being an Oyster Harvester for 30 yrs now,I know every oyster bed from Alligator Point to Indian Pass.I can take you personally to any one of them and show you first hand the effects the BP oil spill and BP oil dispersant have caused.

The state oyster beds that did produce have severely been worked down by so many oyster harvesters having to work only in the beds that did produce.Has this hurt our providing for our families, ABSOLUTELY! The oyster catch went from 30 to 40 bags in a day to 12 bags on a good day.Oyster sales are down due to the BP oil spill.
The first year,2010, BP made out like the BP oil spill and clean up would only last a year.That lead to the Quick Pay claim or pay-off.Yeah, BP gave you an option all right,take the Quick Pay claim or risk getting nothing.

Here it is 2yrs later and because of the BP oil spill and dispersant,the life for a Oyster Harvester is getting worse not better.Not only did the BP oil spill hurt the Oyster Harvesters,so has the BP oil dispersant.

It is in our bay,The Apalachicola Bay and BP is so responsible for it and our losses.Loss of income or lack of,reduce in production due to the catch of oysters per bags caught in a day.Also the limits set by Oyster dealers because of low oyster sales.

I took the Quick Pay and put that money into my oyster business counting on BP to do as they promised.My business has suffered greatly.I have had to sell to other oyster dealers not being able to have a sales route myself because of lack of catch and sales of oyster.Sales have been drastically reduced due to the BP oil spill having affected the Apalachicola Bay. Now I don`t qualify for the BP Settlement my last chance at being made right.

A family simply can not survive off this way of living anymore because of the BP oil spill and BP oil dispersant.

Who will help this starving way of life and living now?Who will make this better for the Oyster Harvester and other fishermen of The Apalachicola Bay and The Forgotten Coast Line?
Thank you,
John

And Another

My husband had invested much of his life to commercial fishing, always investing our hard earnings back into our business to have a nice home, to send our children to better schools, and school functions is a must with my husband, and I. We owe our lives to the Gulf of Mexico with its plentiful oysters, shrimp, and crabs to live upon, and to sell to our community consumers. My husband served our country as a Marine for four years, but that was years ago. I just want to let you know what a great husband and father he is, as well as a great person he his to our community, and state.

He was on the water about to go fish for crabs, but with so much stress that came with the BP oil spill he had a stroke on his sons birth date Aaron  3/16/1990. His blood pressure was 265 over 110 My husband stayed in Tulane medical centers ICU for 3 nights, and on the ground floor for 2 nights. The Doctor Mrs. Martin said it was acute stroke, saying it was “acute” meaning very bad. We are now in speech therapy, and taking the steps for him to get better.

BP or the press needs to know how they are making the commercial fishermen starve to take the $25,000.00. BP has our paper work, and the information needed to at least give us an intern payment, but never.

The BP assistant (rep) said in 2010 the oyster grounds were open. I say BULL, I have the paper clipping on that year, and lets not forget our oyster vessel could not work, due to the closure. BP must know with a 50ft oyster vessel, crab vessel with 400 traps are not just for there looks. Why would BP ever have a question about the payment if our family has these vessels in our own back yard?

Our family are now on food stamps, and getting little help from the church. I now have a $85,000.00 dollar hospital bill, and bills from his MRI, and other tests that the hospital ran to make sure he had no bleeding in his brain. He has lost more then the BP Settlement could every pay us now. Shame on you. We own a 50 foot oyster vessel, crab vessel with about 400 trips that we live on to pay our bills, but the spill has made the waters baron with no seafood to support our families living.

Can you see now how my husband had his stroke? I will call it a BP stroke! We never called an attorney yet, because we thought that would hold up any payment we might have received, but this is my husband! How can you do this to a family? Oh, and never mind about the main issue of people working at Popeye’s that receive money. Where are their vessels?

A very upset wife of a fishermen. I would like to ask whom ever is reading this if their loved one had a stroke? Well, let me tell you that the person whom had the stroke is not the same anymore. He can’t talk, he can’t think, he lost his humor. Very sad indeed.

I see the loss amount you would like me to give you, BP has taken my life, my husband, and a father away from me and my family. It would be hard to tell you how much of a loss this was. The hospital in itself is $85,000.00 and counting. To get my husband back to whom he was, priceless. I’m a very nice women, but this is the result of stress from the BP oil spill. Our total loss is $350,000.00 and counting.

We will Never give up Helping these people and others affected by the Oil Spill, for us it is personal and we are here for the Duration.

We are Crusaders in Shorts though sometimes wear Suits, and we get BP Claims paid. Our organization is run by people for the people, and we have been doing it ever since the Oil Spill happened.

We work With

  • Seafood Harvesters
  • People with BP Medical Claims
  • Business Owners
  • Individuals
  • Non-Profits
  • Anyone affected by the BP Oil Spill

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

Our Licensed Claims Adjusters charge 7.5% for large loss claims and 15% for standard ones.

We use Attorneys only when needed, and they start at 25%.

We will Help you with your BP Settlement.

 Page 1 of 8  1  2  3  4  5 » ...  Last »