Medical Claims Archives

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 Settlement News

The BP Settlement and Individual Claims

bp settlement  We have been in touch with Attorneys that have asked us to take over their individual claims, if the claims have merit, we will take them over. We think that individual claims have languished until lately in the BP Settlement. We have seen an influx of them get paid however, and that is something I think we are all happy to see. The claims are averaging between 1k-6k, not a lot but it is a start. We will be taking on these claims between 15-25% depending upon the level of work involved.

BP Business Claims and appeals

We have seen a variety of Business Claims get paid, some of them will be heading towards appeal as their  locations should have made them tourism based, but they were labeled non-tourism due to NAICS codes greatly impacting their awards. If you are finding that you need to appeal your claim, please don`t hesitate to call us and we will see what we can do. For many the ” Customer Mix Test ” is also coming into play more often and for many Business Claims it makes it about impossible to get through that final hurdle.

It is strongly recommended that when one starts their Business Claims for the BP Settlement they need to know exactly what they are up against and what type of scrutiny they will encounter under the terms of the DeepWater Horizon Settlement Agreement. We also think that instead of the Settlement Fund handing out incompleteness notices they furnish the claimants and claims preparers with one check list so that the claimant can figure out if they can even provide the documentation that is needed.

BP Medical Claims

The Judge has signed off on the Medical Settlement, we are now taking on those claims and preparing them for presentation. If you have a medical claim, please don`t hesitate to call us at 1-800-BP-CLAIM or fill out the form to the right.

BP VOO Settlements

We are still seeing these claims get processed faster then any of the others, yes we did get an offer in less then 5 days recently, and it was subsequently paid in a matter of about 2 weeks.

BPClaims.org gets Automated

Over the last several months we have been working on a system that would allow users to upload their own documents, about 2 weeks ago we initiated the system, and it has seen great success, it allows us to process your claims with more expedience, and it allows the individual or businesses to upload BP claims at their own pace. It has greatly increased the number of claims we are uploading to the DeepWater Horizon Settlement. Since revamping this has also allowed us to pay more attention to customer service, when you call you will get to one of several people who will be able to tell you exactly where your claim is in the system, and what exactly you need to finish processing your claim.

OPA Presentment Date is Sunday, Gear up or Go Home

deepwater horizon settlement

If you have not filed for OPA Presentment, and your Industry is Excluded, or you have already Opted out, you need to have your paperwork for OPA Presentment into BP by Sunday. For many of you that were in excluded industries such as Developers, Financial Institutions, Insurance, and most Moratorium Claims, you did not need to Opt Out, but you do need to file for OPA Presentment.

If your Business was not located in a DeepWater Horizon Settlement Zone you may also want to file for OPA Presentment, for example seafood restaurants located in the state of Florida but were not located in a county along the Gulf Coast, may want to apply, there are a host of other claims.

Most Law Firms have stopped taking on any OPA Presentment Claims. We have not, in fact we have Attorneys with us in house over the next several days that will help you through the process.

If you are currently using an Attorney to Assist you, or have already file your OPA Presentment Form, we wish you the best and this is by no means a solicitation.

The Staff at BPClaims.org created a questionnaire that will help you.

Whether we help you through the process, or you file directly through BP, if they owe you money, and your group or Industry was excluded, now is the time, and today is the day.

The OPA form is slightly confusing, let us make it a touch easier for you, the OPA Presentment form is 20 pages long, but it covers all of the different types of claims one might file. To make it easier BPCLaims.org staff highlighted the pages that most of you will be using, and created a questionnaire, hope it all helps.
Whether we help you through the process, or you file directly through BP, if they owe you money, and your group or Industry was excluded, now is the time, and today is the day.

If you want us to handle it you can go directly to the questionnaire and fill it out online and email it to us, or you can file the OPA Presentment Form and mail it directly to BP.

Here are the links to the Questionaires – Business or Individual

Here is the Link to the OPA Presentment Form

The Below Information is meant to only to help you through this process, it is not in anyway to be confused with the actual OPA Presentment Form.

 These Questionnaires may Help You Fill out the Form

 Business OPA Presentment Questionnaire

Please answer all of the following items. If you have any questions, please contact Jeff @ 1.800.BP.CLAIM or 941.822.0402. Be sure to mention you are calling regarding an OPA Claim, so that we can assist you promptly.

1.  Name of Business (on federal tax return):

  • Type of Business:
  • Business Phone Number:

2. Nature of Business as of 04/20/2010:

3. State sources of income or types of customers for business as of 04/20/2010:

4. Describe in detail any efforts you have made to increase revenue or reduce cost following the spill:

5. State the total amount of operation cost you have saved (or were able to avoid) as a result of reduced operations since the spill:

6. How much are you claiming for lost profits or impaired earnings capacity?

  • How did you arrive at this amount?

7. Provide a description of the alleged loss the business has sustained:

8. Describe how you believe the losses were caused by the spill:

9. Did the business cease operations, declare bankruptcy, or liquidate substantially all of its assets since the spill?

10. Did the business receive any payments from the VoO program or from participation in any other response or removal activities?

  • If so, please contact Jeff @ 1.800.BP.CLAIM before proceeding

11. Provide the business address where the loss occurred:

Street:

City:

County:

State:

ZIP:

12. Please provide the NAICS code of the claiming business:

13. Please provide the Employer Identification Number of the business (EIN):

14. Date and location of the businesses incorporation:

15. Person (full name) authorized to act on behalf of the business:

  • Title of authorized representative:
  • Home Address of the authorized representative

Street:

City:

County:

State:

ZIP:

Phone:

Cell:

Email:

16. Other associated business names (e.g. holding companies):

 

OPA Individual Claims Questionnaire

Please answer all of the following items (typed responses preferred). If you have any questions, please contact Jeff @ 1.800.BP.CLAIM or 941.822.0402.Be sure to mention you are calling regarding an OPA Claim, so that we can assist you promptly.

 

2. First Name:

Last Name:

Middle Initial:

3. Street Address:

City:

County:

State:

ZIP:

4. Home Phone:

5. Cell Phone:

6. Email address:

7. Date of Birth (mm/dd/yyyy):

8. Social Security #:

9. Other names used (if applicable):

10. Current Employer Name:

11. Current Employer Street Address:

City:

County:

State:

ZIP:

 

12. Current Employer Identification Number (EIN):

13. Previous Employer:

14. Previous Employer Street Address:

City:

County:

State:

ZIP:

15. Previous Employer Identification Number (EIN):

16. Did you file a claim with BP, the Gulf Coast Claims Facility, or the Coast Guard National Pollution Funds Center?

If yes, please provide your claim number(s):

17. Did you receive payment from BP, GCCF, or NPFC?:

If so, please provide the amount and source of each payment you received:

18. Where you employed at the time of the spill (April 20, 2010)?:

If so, please provide the following information for the business (if same as above, please indicate as such)

Dates of Employment (Start and End):

Employer Name:

Employer Street Address:

City:

County:

State:

ZIP:

Employer Identification Number (EIN):

19. Describe your occupation, including job title, at the time of the spill:

20. Provide a description of how the spill affect our profits or impaired your earning capacity:

21.  How much are you claiming for lost profits or impairment of earning capacity?: $

How did you arrive at this figure?

22. Provide a description of the actions you took and expenses you incurred in trying to offset the loss of profits or impairment of earning capacity caused by the spill.

23. Did you receive any payments from the VoO program or from participation in any other response or removal activity? If yes, please call Jeff @ 1.800.BP.CLAIM before proceeding)

 

Pages from the OPA Form Specific for Businesses and Individuals
Businesses Pages

Page 3 Question 1
Page 3 Section B
Page 5 second half
All of page 6
Page 11
Page 12
Page13
Sign page 17

Individual pages
Page 3 Question 1
Page 3 Section B
Page 4
First half of Page 5
Page 9
Page 10
Sign page 17

You can reach us at 1-800-BP-CLAIM or fax it to us at 941-822-0407 or email it to Help@BPClaims.org.

or send your completed OPA Presentment Form, not our short questionnaire directly to BP.

If you are  putting your OPA Presentment Form in Sunday, you need to send your material directly to BP.

Here is where you need to send it to, we have heard it is difficult to get a fax through.

If you need , we are now out of the office, but you can call me on my cell, 941-225-5973, and I will do what I can to assist you.

Email it to:

bpclaimsprogram@bp.com

Fax it to:

1-866-542-4785

A list of Excluded Claims that may want to File for OPA Presenment

  • Developers
  • 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.

The BP Settlement Awaits Approval and it has Issues

Awaiting on Judge Barbier`s Approval

bp settlement  The BP Settlement has been waiting for the final approval from Judge Barbier, many interested parties in the BP Settlement are simply baffled as to why the Judge has not yet approved the BP Settlement.

It was expected that the Settlement would meet with quick approval and BP had been pushing for it. Most industry experts had thought that it would be left pretty much untouched by the Judge, and that he would sign of on it quickly.

I think that this is actually good news for people, the Judge is taking his time, this is a major step forward, and there are still pieces that are broken, and need to be fixed.

A major issues with the BP Settlement

On the front burner these days is the NAICS system that they use to figure out what kind of businesses meet the types of criteria within the DeepWater Horizon Settlement.

For example: We have recently represented a well known Spa on Siesta Key. This spa caters to many of the tourists that visit Siesta Key from across the nation. Siesta Key is a well known tourist destination and was designated with the Best Beach in America by Doctor Beach.

The NAICS code for this spa designated as non tourist. That meant instead of having a multiplier of 2.5 for their 2010 losses due to the spill, they were given a a multiplier of .25%.

This left the owner of the store frustrated and us gearing up for an appeal. We are very thankful that we believe the owner, who kept records of the majority of her guests will prevail.

We have a 100% success rate in appealing DeepWater Horizon Settlement that we felt had the grounds to appeal.

The issue here is many business do not keep these records, and credit card companies have been less then friendly in helping businesses prove their client base due to privacy issues.

The Customer Mix Test

The Customer Mix Test was meant to cure these issues but it has turned out to be about impossible without the assistance of the major credit card companies. I am sure that BP knew all of this when they structured the settlement. Instead of being a good work around for companies trying to prove their losses, it is more of a MAJOR BLOCKADE.

For many zone D claimants and possibly some in zone C  they may need causation documents that:

Identify the customers residences and the amount of revenue generated from their purchases.  This is impossible without the credit card companies assistance.

A decline of 10% in the share of total revenue generated by non local customers over a period of three consecutive months or more from May-December 2010 as compared to the same three or more consecutive months in 2009.  You need to know how many of the business customers resided more than 60 miles from the business and the amount of revenue generated from their purchases.

A decline of 10% in the share of total revenue generated by customers located in gulf coast areas over a period of three consecutive months or more from May to December 2010 as compared to 2009.  They need to know how many of the customers resided on the Gulf Coast and the amount of revenue generated from their purchases.

So in simple terms a credit card receipt showing purchases amount and city and state or zip code would be sufficient. The difficulty has been getting the credit card processing companies to cooperate due to the privacy issues mentioned above.

BP Claims Help

We have the Largest Network of BP Claims Professionals on the Planet, Feel Free to call us at 1-800-BP-CLAIM for Assistance. If you would like to start a claim with us click here. START CLAIM NOW

 

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 Settlement News on Facebook and Beyond

Deepwater Horizon Settlement Claims and Thoughts

bp settlement  One of the best things we did recently was put up a Facebook site called DeepWater Horizon Settlement Updates. It has fostered spirited discussions, and led me to more fully understand the frustrations shared by so many. It has also educated me and others in many ways.

The Leadership of the Fund could learn a few things from the contributors, and I invite them to join the discussions.

Trending BP Settlement Conversations

  • Attorneys are preparing for a mass exodus from the Settlement, especially if Claims don`t get paid soon, and I mean real soon.
  • People are seeing the same patterns with the GCCF and The Settlement.
  • If this continues people will be mobilizing and seeking retribution from BP
  • The Media has chosen to Opt Out for the most part, and people feel there is a conspiracy going on.
  • People are tired of waiting, and who can blame them.

My Thoughts on what is Trending and Beyond

  • Many people have individual claims and they have been underserviced in the Settlement.
  • Fact: many Attorneys and Processors prioritized their claims for the BP Settlement by dollar value and businesses went in first.
  • The paperwork needed initially was to intensive, hopefully the new rules and sworn statements will help.
  • People need to give the New Fund more time, but they NEED to step it up.
  • The Media has not Paid enough attention to the struggles after the spill, specifically sick people.
  • Data around catches is false, specifically the last news article about the rebound read it here
  • We will see a full environmental collapse in some areas
  • We are being fed a highly orchestrated stream of p.r. from our government, media, and BP.
  • Where is Anderson Cooper when we really need him.
  • People who received Quick Pays need to come back to the table.
  • Medically things are much worse then we know.
  • We need more time to evaluate the true environmental aftermath of the spill.
  • BP is playing for time and always has been.
  • For some the Settlement is wonderful, specifically businesses outside of the area directly impacted by oil.
  • For others it just won`t work, people who make a living from the Gulf and folks with real Medical Issues.
  • Most people don`t realize they needed to completely update their claim if it was with the GCCF for the Settlement.
  • Attorneys need to be totally transparent as to where a claim is at, even with the new login that allows a claimant to see status, they still don`t know how well documented the claim is. People need to know if their claim is actually complete or were just a few papers filed as is often the case.
  • The whole process needs more time, we should not be bound to 3 years per OPA because we didn`t know what actually happened until year 4 with the Valdez and that is just STUPID.
  • Too many people put profit before people throughout this whole process.

I am sure there is more, but these thoughts came to the forefront, as always we will help you with your BP Settlement Claims, we can help you get to Attorneys that actually walk their talk if needed, or process your claims ourselves, and we remain committed to helping you all any way we can.

Some Good news lately, we did get a few claims paid recently, and our Calculations were less then 1% off.

Non Attorneys charge 15%, and Oil Spill Attorneys charge 25%, one way or another we will get you the help you need.

Best of Luck with your BP Settlement.

 

A recent order coming from Judge Barbier has ordered us to post Disclaimers stating that: This is not the Official Court Authorized Website. Go to www.deepwaterhorizonsettlements.com to make a claim directly with the Court Authorized Program. We have been talking and working with Pat Juneau`s office for the last week on this issue.

We put up a disclaimer on DeepwaterHorizonSettlementClaims.com as soon as the issue came to light. That evidently was not good enough for them or the Judge. So in the next day or so we will be putting their disclaimer on all of our websites.

It was never intention to be mistaken for the their website, if you read our websites and many do on a regular basis, the idea that we are trying to mislead people into thinking we are their website is preposterous. Just read the websites, there is no way that people can mistake us for them.

We have taken the strongest stands for people that have been hurt by BP, the GCCF, some Attorneys, and have been vocal and I mean very vocal about what is really happening to all of us on an economic, environmental, and medical level. We will continue to fight for businesses, individuals and the environment.

We know the groups  that are getting the job done for the people, often they are not Law Firms, but Claims Adjusters and Accountants. We have built a network from Key West to Houston and forward claims to the best group that handles that particular claim. Their are some Attorneys out there that are not very fond of us, but what do you expect when our CPA`s or Claims Adjusters are charging 15% to what was once their 33.3%, until Judge Barbier had to order them to only charge 25%.

That being said we are fond of some Attorneys that are getting the job done, and know how to process claims. If you want to reach them just go to DeepWaterHorizonSettlement Claims.com and they will get right back to you. If you want to work with our chosen Team of Claims Adjusters and CPA`s just fill out the form to the right, and we will be happy to help you.

1-800-BP-CLAIM DeepWater Horizon Settlement Help

DeepWater Horizon Settlement Overview

deepwater horizon settlementIt has been a week since the DeepWater Horizon Settlement has officially begun. What can we say except we told you this was going to be a mess, and it is.

There are over Forty different claims forms, many of you have multiple claims, and are finding the mountain of data needed overwhelming.

Not to worry, we have been hard at work, in an effort to make this easier for you.

We have created Alliances with different Law Firms, Adjusters and Properly Staffed Consultant Groups all with different areas of expertise.

The DeepWater Horizon Settlement should be handled by professionals that have a very high degree of competency with DeepWater Horizon Settlement Claims.

They Specialize in:

  • Business Claims
  • Denied BP Claims and Claims that are Stalled
  • Medical Claims
  • Property Claims
  • VOO Claims
  • Seafood Compensation Claims
  • Individual Economic Loss Claims

We will be helping them put together the paperwork and documentation for your DeepWater Horizon Settlement Claims. Most of you will have one point of initial contact to assemble your Claim, and that will be the team at BPClaims.org,  we are available from 9-5 p.m. everyday.

Our staff has extensive knowledge of assembling BP Claims. Team members charge from 7.5% for large loss claims to 33.3% for Medical Claims that include a medical screening. Most economic claims run between 15-20%.

DeepWater Horizon Settlement  Pyramid

The DeepWater Horizon Settlement is just another mechanism to glean out valid BP Claims and get them paid. Think about the BP claims process like a Pyramid.

This is how the BP Claims Pyramid Works, we know this because it is based on a model that Insurance companies  have used for years.

  • They will first get the people that are most desperate to cash out first, here they used Quick Pays over 200,000 people and Businesses took these.
  • They will work up the Pyramid and take out the people and Businesses that have solid claims but are ready to settle hence the DeepWater Horizon Settlement Program, most of these will be small to midsize claims.
  • Expect a new mechanism here that has yet to be identified, that will take out the larger claims.
  • Finally some claims will move into the Litigation phase but most will be settled before they reach court.

This is how Settlements like this have moved forward for years don`t expect the Deepwater Horizon Settlement to be much different. Those who can hang in there the longest will reap the largest rewards.

DeepWater Horizon Settlement News

Lets remember they are just getting this ramped up, but the overall consensus is that this settlement will not last. There will be too many people opting out, too many law firms not opting their case loads in, and if you follow the pyramid example, the DeepWater Horizon Settlement is just one more mechanism to get claims settled.

The big question is will they settle out the larger claims, if they do, the DeepWater Horizon Settlement has a chance of making it, if they wait these claims out, to when the deadlines come up, it will most likely fail.

As it stands now, we advocate that you at least have all of your Claims well documented, and if you have not filed a claim, consider running it through the BP Claims Program that also just opened up. Yes there are now 2 separate funds to get compensated from. There is the DeepWater Horizon Settlement Fund and The BP Claims Program run by BP.

We can Help you with the New BP Claims Program and the DeepWater Horizon Settlement.

 

 

 

 

 

BP Settlement News from the Gulf:     Shrimpers Stories

bp settlement  BP Settlement News from the Bayou. We have been hearing recently from shrimpers that are coming back in from the Gulf of Mexico and the Bays about the Health of the Gulf, the news is not good. Shrimp catches are down, way down. They are picking oil up in their nets more often then not. The shrimp and killfish they are finding in their nets have lesions, they are missing eye sockets, and they have a myriad of other issues.

The FDA says it`s fine to eat, we all know better. We have been told by numerous sources they just raised the testing levels of what is acceptable. The Shrimpers themselves have never seen anything like this in generations.

They are being forced to shrimp because many had taken Quick Pays, and it is the only hope of putting food on the table this year. The collapse of the Northern Gulf `s Seafood Industry can not be denied. If the BP Settlement does not address these issues, they in essence are forcing people to fish and exposing all of us to these deadly catches.

BP Settlement Quick Pays can still file Claims for VOO and Medical

If you took a Quick Pay or a final, you can still be a part of the VOO Settlement Class and the Medical Settlement Class under the BP Settlement. Many of you are sick but are attributing the High Blood Pressure to Stress and other factors. If you worked in the water or around the water during the Spring, Summer and Fall of 2010, odds are you are sick from the dispersant corexit and the oil.

There are tests that can help show this, one is called a Volatile Organic Compound Test, it measures the heavy metals in your body. If you are a fishermen, shrimper, crabber, and especially oystermen and clammer`s you need to go see a doctor.

We are hearing far to often of strokes and heart attacks, and are seeing a trend that is alarming. Many of you have not connected dots here. The BP Settlement can help you monetarily speaking, but you need to take the initiative when it comes to your health. The National Institute of Health is in the region taking hair, nail clippings and blood samples, they wouldn`t be there if it wasn`t serious.

The BP Settlement can only address so much, but the door is open if you took a Quick Pay to be a part of the BP Settlement for Medical and VOO Claims.

The BP Settlement and some random Thoughts

If the Northern Gulf goes into a full collapse, and experts are getting increasingly concerned about this, what do you think will happen to all the tourism. Owners of tourism and other related businesses please take note here. This will affect us all.

If the BP Settlement is to be fully utilized there needs to be some changes. First and foremost Quick Pays need to be addressed as soon as possible. You can not ask a man or a woman not to put food on the table for their families, if given the option of catching some tainted seafood, or their families starving, the choice is quite easy.

The BP Settlement needs to be proactive in its approach to paying people, especially paying those on the front lines. The BP Settlement should recognize the businesses that exist because of the Fishermen, Crabbers, Shrimpers and Oystermen, seafood processors and other assorted upstream businesses should receive higher multipliers if they choose to be a part of the BP Settlement.

BP Settlement and Multiple Claims

Many of you are entitled to multiple claims under the BP Settlement. Lets take for example a Fishermen that worked on the VOO Program who lives on the water.

If you have not taken a Quick Pay or a Final, you may be entitled to the following.

  • Economic Claims
  • VOO Claim
  • Medical Claim
  • Loss of Enjoyment Claim
  • Subsistence Claim

We will Help you with your BP Settlement and we will Help you if you choose not to settle, we have Licensed Claims Adjusters, and Attorneys that can and will help you. Their rates start at 7.5% for large loss claims over 1 million dollars. The standard rate is usually 15%.

We will Assist you with your BP Settlement and Beyond.

 

 

 

 

 

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