Oil Spill Attorneys Archives

The GCCF v.s. The BP Settlement

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

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

Was your BP claim denied for no reason?

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

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

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

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

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

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

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

BP Settlement Help

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

We work with:

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

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

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

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

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

BP tries to Wiggle

deepwater horizon settlement Just for the record, I am going to say, “I told you so.”  While everyone was booing the folks that run the settlement, and some thought they were in BP`s pockets, these folks were on your side. Nothing could have proved it more than the stance the BP Settlement Leadership has taken against BP in recent weeks and months as BP tries to change the terms of the BP Settlement. I do understand many peoples’ frustrations, as BP Claims are slow to get paid. Please understand the claims are getting paid, and the people that run the program have multiple issues to deal with, such as this assault from BP.
Even the Plaintiff Steering Committee has come armed to the teeth to defend your rights under the settlement. I have read the most recent documents the PSC has presented to the court, and they are awesome. They stood up for the people, they were relentless in attacking BP`s stance, and they were right.

BP is trying to wiggle; they have realized uncapping the economic settlement was not a good idea, even with their traps, such as the Customer Mix Test, putting deadlines for people with Seafood Compensation Claims, fraudulent OPA deadlines, and the list goes on. I am not an Attorney, but this is what I believe. They cut a deal that they are trying to back out of and that is the fact.

BP is out to screw you; shocking but true. First they gave you Feinberg, who claimed himself Independent until the Judge stopped him from saying that by a court order; as they were paying him an exorbitant amount of money. At the same time he was convincing people, specifically those in the seafood industry, to accept quick pays. Unfortunately, after he starved them out, over 200,000 people took them. They should be able to come back to the table.

Then they negotiate a Settlement that they agree to, and after they realize how much they may actually have to pay, they want out. All of this on the heels of the news that they knew an explosion could be imminent days before it actually happened.

What to expect from the hearing on the 5th? Nothing. The Judge will rightfully hold BP to the settlement, BP will appeal to the 5th circuit, claims will continue to get paid, and eventually BP will have to pony up. They will not be able to wiggle out of this one.

However, if BP gets their way, construction folks, professional people and AG families will all be under fire, and probably apt not to get paid. If I fell into one of these categories I would make sure my BP Claims were filed sooner rather than later.

So all of those commercials you see on TV, the hype, the PR machine, it`s all BS and BP is proving that in court. If they were people of their word, and they are not, they would be living up to the terms they agreed to under the BP Settlement. It`s just that simple. My Grandfather always said, look at people’s actions, not their words, and he was never more right.

If you need help with your BP Settlement, we can help you, whether you are an individual, a business, or have a medical claim, we work with the best groups in the business. Fill out the form to the right, and assistance is only a click away. We have the best Network in the Country.

We will help you with your BP Settlement and Beyond.

Deepwater Horizon Settlement Stays Released

The BP Settlement lifts Stays

deepwater horizon settlement  Most people don`t know that certain groups of claims were on hold, Contractors, Farmers, Marketing Firms, Aquaculture Farming, Attorneys, CPA`s, Doctors, and quite a few more industries were just stalled. It was by design, BP and the Fund, were stalling these claims, as they sorted things out, and today Judge Barbier put a stop to it. The Deepwater Horizon Settlement led by Patrick Juneau with the help of Judge Barbier went to bat for the people. The people won.

This process has not been easy for many, about 2 days ago we were given a list of these stayed claims, it was something we thought was happening, but we had not seen it in black and white, this was an official list, it should have been made  available to the general public. We are publishing it here..The Stay List is at the end of this post.

This is what we are seeing from the Fund, they are paying claims. We have long advocated for the settlement, and they needed time to get all of the wheels on the bus, the wheels are on the bus. We are seeing a rhythm to the  claims process, claims are getting paid on a regular basis.

I wish I could say this is happening for everyone, but I can`t. I do believe that certain firms with credibility with the Fund are getting preferential treatment because they know that the Claims being presented are credible and have their documentation all together.

As a fact some firms are getting claims paid regularly, some are not, I think is based on the performance of those firms, and how they prepare BP Settlement Claims. The fact is some know what they are doing, and some just don`t have a clue, and that is recognized by the Fund. Now this is conjecture I am not a lawyer, but I know most of the players in this, and it`s just the way it is as I see it.

OPA Claims may still have Time to File

There is a possible exception on the OPA deadlines, which could give certain businesses some extra time to submit a claim - OPA states “3 years from the time people we aware of damages” with the oil spill occurring in 2010, time is of the essence.  Basically if you did not realize you were impacted by the Oil Spill till a year after the Oil Spill, the argument is you still have time to file under OPA, and some Attorneys are ready to make that argument.
To do this, they need to know when, why and how they realized you were financially impacted  (mainly focused on justification of “when”)
They need monthly P&L statements for the years of 2009, 2010, and 2011.
If you want to contact them please fill out the form to the right.
We will forward your information to them.
There is no guarantee here, but the argument make sense.

BPClaims.org and the BP Settlement

We at BPClaims.org have our own processing arm called BP Claims Advisors, we handle Businesses, Individuals, and  all BP Settlement Claims covered by the BP Settlement that have legitimate BP Settlement Claims. We have been at this for a long time, we have an established network, all meant to get you paid. Most are handled in house, some are moved over because they just fit better with a different Firm`s expertise, the idea has, and will always be, to best serve the people that were affected by the BP Oil Spill.

The BP Settlement Claims that were in the Stay

NAICS CODES SUBJECT TO COURT-ORDERED STAY (As of 2/10/13)

 

Sector 11 – Agriculture, Forestry, Fishing and Hunting

Subsector 111 – Crop Production

Category 1111 – Oilseed and Grain Farming

 

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

Category 1112 – Vegetable and Melon Farming

Potato Farming

Other Vegetable (except Potato) and Melon Farming

Category 1113 – 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

 

Category 1114 – Greenhouse, Nursery, and Floriculture Production

Mushroom Production

Other Food Crops Grown Under Cover

Nursery and Tree Production

Floriculture Production

Category 1119 – Other Crop Farming

Tobacco Farming

Cotton Farming

Sugarcane Farming

Hay Farming

Sugar Beet Farming

Peanut Farming

All Other Miscellaneous Crop Farming

Subsector 112 – Animal Production

Category 1121 – Cattle Ranching and Farming

Beef Cattle Ranching and Farming

Cattle Feedlots

Dairy Cattle and Milk Production

Dual-Purpose Cattle Ranching and Farming

Category 1122 – Hog and Pig Farming

35. 112210 Hog and Pig Farming

Category 1123 – Poultry and Egg Production

Chicken Egg Production

Broilers and Other Meat Type Chicken Production

Turkey Production

Poultry Hatcheries

Other Poultry Production

Category 1124 – Sheep and Goat Farming

112410 Sheep Farming

112420 Goat Farming

Category 1125 – Aquaculture

 

Finfish Farming and Fish Hatcheries

Shellfish Farming

Other Aquaculture

Category 1129 – Other Animal Production

Apiculture

Horses and Other Equine Production

Fur-Bearing Animal and Rabbit Production

All Other Animal Production

Subsector 113 – Forestry and Logging

Category 1131 – Timber Tract Operations

113110 Timber Tract Operations

Category 1132 – Forest Nurseries and Gathering of Forest Products

113210 Forest Nurseries and Gathering of Forest Products

Category 1133 – Logging

113310 Logging

Subsector 115 – Support Activities for Agriculture and Forestry

Category 1151 – 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

Category 1152 – Support Activities for Animal Production

115210 Support Activities for Animal Production

Category 1153 – Support Activities for Forestry

115310 Support Activities for Forestry

Sector 23 – Construction

Subsector 236 – Construction of Buildings

Category 2361 – Residential Building Construction

New Single-Family Housing Construction (except Operative Builders)

New Multifamily Housing Construction (except Operative Builders)

New Housing Operative Builders

Residential Remodelers

Category 2362 – Nonresidential Building Construction

236210 Industrial Building Construction

236220 Commercial and Institutional Building Construction

Subsector 237 – Heavy and Civil Engineering Construction

Category 2371 – Utility System Construction

237110 Water and Sewer Line and Related Structures Construction

237120 Oil and Gas Pipeline and Related Structures Construction

237130 Power and Communication Line and Related Structures Construction

Category 2372 – Land Subdivision

237210 Land Subdivision

Category 2373 – Highway, Street, and Bridge Construction

237310 Highway, Street, and Bridge Construction

Category 2379 – Other Heavy and Civil Engineering Construction

237990 Other Heavy and Civil Engineering Construction

Subsector 238 – 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

Category 2382 – Building Equipment Contractors

Electrical Contractors and Other Wiring Installation Contractors

Plumbing, Heating, and Air-Conditioning Contractors

Other Building Equipment Contractors

Category 2383 – Building Finishing Contractors

238310 Drywall and Insulation Contractors

238320 Painting and Wall Covering Contractors

Flooring Contractors

Tile and Terrazzo Contractors

Finish Carpentry Contractors

Other Building Finishing Contractors

Category 2389 – Other Specialty Trade Contractors

90. 238910 Site Preparation Contractors

91. 238990 All Other Specialty Trade Contractors

Sector 54 – Professional, Scientific, and Technical Services

Subsector 541 – Professional, Scientific, and Technical Services

Category 5411 – Legal Services

Offices of Lawyers

Offices of Notaries

Title Abstract and Settlement Offices

All Other Legal Services

Category 5412 – Accounting, Tax Preparation, Bookkeeping, and Payroll Serv’s

 

Offices of Certified Public Accountants

Tax Preparation Services

Payroll Services

Other Accounting Services

 

Category 5413 – Architectural, Engineering, and Related Services

Architectural Services

Landscape Architectural Services

Engineering Services

DraftingServices

 Building Inspection Services

 Geophysical Surveying and Mapping Services

Professional Services

 Surveying and Mapping (except Geophysical) Services

Professional Services

Testing Laboratories

Professional Services

Category 5416 – 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

Category 5417 -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

Category 5418 -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

Sector 62 – Health Care and Social Assistance

Subsector 621 – Ambulatory Health Care Services

Category 6211 – Offices of Physicians

Offices of Physicians (except Mental Health Specialists)

Offices of Physicians, Mental Health Specialists

Category 6212 – Offices of Dentists

128. 621210 Offices of Dentists

Category 6213 – 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

Category 6214 – 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

 

- Medical and Diagnostic Laboratories

621511 Medical Laboratories

BP Settlement now has Stuctured Settlements

bp settlement Judge Barbier recently released an order that allowed for Structured Settlements within the BP Settlement.

Before being eligible for the Structured Settlement, your claim will have to be deemed eligible by the folks that run the DeepWater Horizon Settlement.

It seems that many people will benefit from this because they will be able to defer their taxes, for people and businesses that have very large claims, this could be very beneficial.

BP Settlement Claims begin to Stream in

The BP Settlement has begun to run on all cylinders recently. We have seen BP Settlement Claims begin to receive offers on a very consistent basis. Now I can only report what we, and  groups within our network  have experienced. What we have seen lately is all types of BP Settlement Claims are getting paid.

This is what we have seen begin to trend:

  • Individual Claims have begun to see payments more consistently
  • Business Claims have been steady
  • VOO Claims receiving offers in 5 Business days
  • The BP Settlement Appeals System is going to see many more BP Claims come into the process
  • BP Appealing Claims that were made offers has become more common

We can assist you with

  • Business Claims
  • Individual Claims
  • Medical Claims
  • Property Claims
  • VOO Claims

We are not attorneys, but do work with them when needed, we are experienced BP Claims Processors and CPA`s, we process claims between 15%-25% of what you recieve, we don`t get paid until you get paid.

 

GCCF Claimants circle back to the BP Settlement

What we have also seen, is that many claimants have begun to circle back into the BP Settlement process that had given up after the GCCF debacle. Many times we can get their paperwork from the Settlement. The GCCF was a mess, it left people disheartened and disillusioned, the BP Settlement may have some issues, but it is far less arbitrary then it`s predecessor. If you have not updated your claim for the BP Settlement, you need to, and we can help.

Current Issues with the BP Settlement

  • Some claimants still have not seen any progress of their claims through the claims review steps, this is unfortunate, but we have seen the process just recently begin to speed up, and I mean very recently.
  • The customer mix test is still an obstacle for many businesses that are in Zone D, that don`t qualify under the standard V-Test model.
  • Naics codes are being rumored to change or BP has asked to set aside those claims in the building field, not sure how this is going to unfold, but we are keeping a close eye on this development, again let me reiterate these are rumors at this point.

BPClaims.org automates the BP Settlement Process

We have recently undergone sweeping internal changes on how we handle claims for the BP Settlement, we have instituted a document upload center so claimants can upload the necessary documentation at their own pace. All files are now digital, and when you call for assistance, anyone in our office can check your status, and tell you right where you are at in the process. We look forward to continuing to innovate our process in order to better serve you.

We have also heard from several Accounting offices and law firms recently that they are not taking on any new BP Settlement Claimants, the Accountants have tax season in full swing, and are beginning to realize how time consuming this process can be. This process is not for the faint of heart.

If you need assiatance call 1-800-BP-Claim or go to our intake center click here.

We will help you with your BP Settlement.

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.

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 Appeals Process and More

BPClaims.org Team (1)    BP (0)

Recently, we got an Appeal from BP for one of our clients claims.  That`s right BP appealed a Settlement Claim that was originally approved by the Settlement Fund. Needles to say our client was not happy, and nor were we.

We went through the process on the behalf of the client, it was arduous, but in the end we prevailed. I am very proud of our Team and the efforts they made on behalf of this client.

It looks as though BP has begun to employ this strategy more often, if you need help with an Appeal, please let us know.

Banner Week for Getting BP Settlement Claims Paid.

deepwater horizon settlement  Last week was a big week for getting claims paid for us, we had over 15 BP Claims paid. This has been a long time coming, but well worth the wait. The claims ranged from Business Claims in the Keys to VOO Claims in Florida, Alabama, Louisiana, and Mississippi; they came in from a few months to a few weeks ago. It seems the people that are running the DeepWater Horizon Settlement are getting into a higher gear.

Attorneys are gearing up for OPA Presentment

We are hearing that many attorneys are not taking any new claims in at this time because they are devoting their assets/people to OPA presentment. Claims that are being presented to OPA, (opt out claims and excluded claims), must be presented by January 20th, 2013.

This basically means it is crunch time for the firms that have caseloads of OPA claims that need to be re-presented and recalculated. If you have a claim that meets this criteria they need to be addressed sooner then later.

Old GCCF Claims

What many people do not realize, is that claims under the old GCCF need to be updated to fit into the Settlement.  If you have a claim that has yet to be updated we will see what we can do to help you. There are hundreds of thousands of claims that still need to be updated.

BP Business Claims

Under the terms of the BP Settlement many Businesses that did not know they qualified under the old GCCF rules, do qualify under the DeepWater Horizon Settlement. If you think your Business may qualify under the terms of the new settlement, or just have a few questions, please call 1-800-BP-CLAIM.

We have had many business owners send us their P n L`s to see if they qualify, we have no problem checking first to see if your business qualifies before submitting to the Fund.

DeepWater Horizon Settlement Network

We can Help you with your DeepWater Horizon Settlement Claims starting at just 15%. Attorneys within the network charge from 20-25% to help you with you DeepWater Horizon Settlement Claims. If you have claims that are incomplete or need assistance or are going through the appeals process, members of our network charge as little as 10% to help you get your Claims through. We realize that different clients have different levels of need, and we will adjust our rates accordingly.

 

DeepWater Horizon Settlement Fairness Hearing News

deepwater horizon settlement  Yesterday was a big day for people that are or want to be a part of the DeepWater Horizon Settlement.  Attorneys from around the Gulf and beyond, brought up their objections and opinions to Judge Barbier, they addressed the issues that they had with the BP Settlement.

Some Attorneys had some very valid points especially around people that had fallen ill, and it was pointed out that though there is a lot of testing going on, what about actually helping the people that are sick. There has not been one red cent allocated for that, and some of these people are seriously ill, and the settlement may not work for many who are seriously ill. They need help now.

My overall opinion of how the Judge handled things was very good, he smelled out self serving attorneys, that were just trying to make changes in the Settlement in minutes, and quickly exposed their true motives. He was genuinely concerned in what he saw as glitches within the Settlement. In the end he went through the pros and cons and mentioned how the Exxon Valdez still has some proceedings going on 23 years later, and he didn`t want that to happen here. He spoke highly of Pat Juneau and the work he and his staff are undertaking, and in the end I believe he will sign off on the BP Settlement.

My Belief is the DeepWater Horizon Settlement will be approved.

There are still alot of issues that need to be addressed, I`m not sure how they will, but for sure they will one way or another. The DeepWater Horizon Settlement will not be a platform for them however. When the Settlement is ratified it will be exactly as you see it today, atleast that`s what I am betting on.

There are attorneys that are taking in clients that took quick pays based upon signing under duress, especially fishermen, and people making a living from the Water. It seems as though they are particularly interested in these claims, and who knows if they get somewhere with these, it could open the door for others.

The Settlement should mature from what we have seen so far as processes are refined, staff is put into the proper places according to need, and an overall better system evolves.

If you have a claim that you think meets the terms of the Settlement, or are unsure please feel free to contact us at 1-800-BP-CLAIM, or fill out the form to the right.

We will Help You with your Deepwater Horizon Settlement.

We have the largest network of Claims Adjusters, CPA`s, and Attorneys that have proven track records of getting people paid.

If you are a business and received an incomplete notice we have Groups that will help you for as little as 10%. Groups within the network all have different areas of specialty, take advantage of their expertise.

We have Groups that Specialize in

  • The Appeals Process
  • If your claim was Denied
  • Claims not covered under the Settlement
  • Business Claims
  • Developer Claims
  • Individual Claims
  • Seafood Claims
  • Claims that need to be updated from the GCCF
  • and of course new BP Claims
  • Municipalities

Recently we have relocated to a larger office, and added staff to better assist you.

Our office hours are from 8 a.m.-6 p.m. Monday through Friday.

 

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.

 

 

Roman Rector Helps Oil Spill Victims

ATTORNEY  ROMAN RECTOR WORKS FOR VICTIMS OF THE GULF OIL SPILL

roman rector  Hi, my name is Attorney Roman Rector.  After recently spending some time with Bill Bohack and watching him closely at BPClaims.org.  I could see that Bill has a true passion for helping the victims of the Deepwater Horizon Disaster. It became very apparent very quickly that Bill was not just running a business but had finally found His ‘higher calling.’


To say that Bill is passionate about helping those so deeply affected by one of the largest oil spill’s in history is an understatement, Bill eats, breathes and lives this stuff.  He has devoted virtually every day of the last two years to understanding how the debacle has not only hurt those millions affected by the oil but the environmental, emotional and mental factors that go along with such a catastrophe. 

Bill has gone to New Orleans, LA, many times and to meet with victims, volunteers, lawyers, sit in on legal proceedings and meet with those operating the relief effort at the DeepWater Horizon Settlement.  Bill went so far as to go out on a cleanup and got the corrosive Correxit on himself (by accident of course), one of the chemical agents used to ‘clean-up’ the oil and which left thousands sick with rashes and other ailments.  It
was because of his zest and zeal for his clients. 

I have spent my entire legal career fighting for the little guy whether it be helping plaintiffs recover the money they deserve from insurance companies in automobile accidents and other major injuries to representing those who received bad advice and ineffective legal representation in a criminal trial to bankrupting billions of dollars for those deep in credit card, mortgage, health care and other crippling debt.  So, I decided to take some time off from my practice in California and come to the Gulf Coast of Florida, where I grew up, to see what I could do to help Bill fight the Goliath BP and if we could recover monies from the settlement fund to try and make those clients somewhat whole from the terrible losses that those along the Gulf coast have sustained.

As an Attorney, from my humble beginings in a 10′ by 10′ windowless office in a strip mall when I first opened the Law Offices of C. Roman Rector to my status as Managing Partner of Attorney Debt Solutions, P.C., an 11 office 200 plus caseload a month debtor bankruptcy firm, I have tried to have empathy for my clients, have tried to put myself in their position, as best I could, to see what it is to walk in their shoes a day-in-the-life.  While this is somewhat easier to do with
those facing a financial crisis than those facing criminal charges; it was absolutely astounding to try to imagine what it is like for those who have lost their entire way of life, a way that has been passed on from generation to generation.  From the oyster bed farmers to the shrimp boat captains, from the ‘mom and pop’ motel owners to the old carriage ride horse and buggy drivers, the whole Gulf Area was economically under assault.

It is for these reasons that I look forward to helping Bill and his clients during their time of need, both theirs and His.  For this reason, I am devoting my time for the next several months to give legal advise to the clients of BPClaims.org and the Victims of that horrible event that took place in April of 2010 and that will be etched in minds of those that suffered for decades to come.

Sincerely,

C. Roman Rector
Attorney at Law
(and now Lawyer to and Asst. Gladiator for Gulf Coast Residents)

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