Archive for 'bp appeals'

Seafood Compensation Claims May still be OPEN

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

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

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

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

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

We can Also Assist you with the Following BP Claims:

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

Menhaden Fishing  Significantly Down

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

DeepWater Horizon Settlement Issues

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

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

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

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

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

GCCF Claims Need to be Updated

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

BP`s 5th Circuit Appeal

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

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

Quick Pays

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

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

Our Team

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

BP Appeals

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

BP Settlement and the 5th Circuit

BP Appeals to the 5th Circuit

bp settlement  BP will be appealing Judge Barbier`s decision to the 5th circuit.

This means that many different types of claims could be excluded from the economic settlement.

BP has asked the 5th circuit to expedite the hearing and they have agreed.

The 5th circuit has decided to hear BP`s appeal around the end of May. Link to Article.

If your claim is one of those appealed by BP, and the 5th circuit reverses Judge Barbier, you will not be able to make further claims to the DeepWater Horizon Settlement.

If your claim is filed before the potential reversal,  the common thought is your BP Claims will be grandfathered in, but they will have to meet some prerequisites.

If BP gets to rewrite the BP Settlement

This could drastically affect these claims in the BP Settlement:

  • Professionals, Doctors, Attorneys, CPA`s
  • Construction related Businesses
  • Agriculture
  • Possibly Realtors
  • Advertising/Marketing Companies
  • and more, here is the list

The BP Claims Network

Members of the BPClaims.org Network have already prepared for this possible outcome. We are advocating that if your claim could be affected by this possible reversal, that you get your BP Claims in now.

Members of the BPClaims.org Network have more the 2 Billion Dollars in BP Settlement Claims in the DeepWater Horizon Settlement.

Members of our Network have over 300 Million Dollars worth of BP Claims that have been paid since the days of the GCCF.

We have the largest Network of BP Claims professionals in the country, all with proven track records of getting claims paid.

Who Can We Help

  • Business Claimants
  • Individual Claimants
  • Claims that need to be updated from the GCCF
  • Claims stalled in the DeepWater Horizon Settlement
  • Claims that have been Appealed by BP
  • Claims that need to be Appealed
  • Incomplete Notices
  • Property Owners
  • Medical Claimants
  • Denied GCCF Claims
  • CPA`s and Law Firms processing claims

 Moving BP Claims from one group to another

We have been contacted recently by numerous claimants that have received incompleteness notices, or are not happy with their current Claims Handlers. We do not condone ” Claim Jumping” or like to handle others claims that have already been submitted to the DeepWater Horizon Settlement. It is so important to present claims properly the first time, cleaning up someone elses mess is more timing consuming then presenting a claim properly the first time.

However there are forms such as the AR1 (from the Settlement) that allows claimants to move from one claims professional to another, but they should only be used with all parties consent, and the initial party handling the claim agreeing not to put a lien on the original claim, or agreeing to a different fee split.

The fact remains, we should all have one goal in mind, and that is to get you paid.

Our Network gets BP Claims Paid.

Fees range between 15%-25%.

 

 

 

Judge Barbier Stands Up for You

Judge Barbier and BP Appeals

bp settlement    Too often lately, people have questioned, are we at BPClaims.org associated with the DeepWater Horizon Settlement Fund because of our stance that the folks who run the fund, and the Judge are actually not in BP`s pockets, and are actually doing battle for you the people.

We aren`t, if you look at past posts we have blasted Feinberg, pointed out the errors of the new fund, specifically a processor we don`t hear much from these days, and aggressively pursue what we think is the TRUTH.

This is the TRUTH. The new leadership of the fund and the Judge are doing the next right thing on a regular basis. Is the system perfect, hell no, but people within the Fund and the Judge are doing their best to get you paid, as BP has tried their best to put up road blocks.

Their Latest road block has been putting BP Claims into Appeals.

Tonight The Judge put forth an Order to STOP that. Here is the important part.

 

IT IS ORDERED THAT:

1. Upon the filing of an appeal pursuant to Section 6.1.2.4 of the Settlement Agreement, BP shall clearly and specifically designate in the Reason for Appeal section of its BP Portal that the appeal is based only on one or more of the legal issues previously decided by the Court and as referenced in this Court’s Order of April 9, 2013.

2. The required designations to be provided by BP shall use the following specific language regarding the three legal issues referenced in this Court’s prior rulings:
(a) “Contributions/Grant Revenue for Non-Profits issue;”
(b) “Alternative Causation issue;” or

(c) “Matching of Revenue and Expenses issue.”

3. For any appeals so designated, such appeals are hereby denied based on this Court’s prior rulings. The Claims Administrator is instructed to refrain from issuing the Notice of Appeal, which would otherwise trigger the further appeals process, and the Claims Administrator is to refrain from assigning such appeals to an Appeal Panel. The Claims Administrator is instructed to proceed with final processing of such claims and issuing payment in accord with the terms of the applicable Eligibility Notice.

 

Case 2:10-md-02179-CJB-SS Document 9538 Filed 04/24/13 Page 3 of 3

4. Processing of claims pursuant to this Order shall not constitute a waiver of any rights that BP may or may not have with respect to further review of the underlying legal issues.
Signed in New Orleans, Louisiana, this 24th day of April, 2013.

______________________________ CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

So What Does This Mean

It means the Judge is not going to let BP Appeal Claims, so they can stall paying you, when your claims meet the above requirements. This has been going on for awhile now, and it is BP`s latest stall tactic, and the Judge just took it away, by a court order.

It means faster pay outs, it shows what I have been trying to tell ya`ll for months, and it puts BP on notice, The DeepWater Horizon Settlement, and the people running the show are not to be trifled with, and they ALL have had enough.The fact is they want to pay you, and will, if your claim is prepared properly. The sad fact is, most are not.

BP needs to STOP with the gamesmanship, and start paying claims. Stall tactics through the Appeals system run by David Duval, that will only tax the resources of the Deepwater Horizon Settlement will not be tolerated.

How to Get Paid

Fill out the form to the right, and we will help you. We have the Best Groups in the Business GETTTING CLAIMS PAID and they work with us, and they can work with you. Whether your a business, an individual, a Law Firm or a CPA Firm, the Firms that are a part of our NETWORK are hands down, the best in the business, and they will help you, or your clients.

We can Help You with:

  • Business Claims
  • Individual Claims
  • Appealed Claims
  • Medical Claims
  • Property Claims
  • Denied Claims
  • Old Claims from the GCCF
  • Claims that need to be Appealed

It has been our intent from the beginning to do one thing, and that is to get you paid.

We have been here since the beginning, we know the pretenders and the performers. If you need HELP it is truly only a click away.

God Bless and Be Well.

B

 

BP gets what they deserve in Court: Nothing

bp settlementBP Settlement Court News

Judge Barbier stuck to his guns today and dismissed BP`s objections to how the Claims Administrator ( Pat Juneau ) was administering the BP Settlement process. If you follow our blog this is exactly what we had predicted.

BP is expected to appeal to the 5th circuit, where once again they will most likely not find any relief, why, because they signed the BP Settlement, and they will not be allowed to rewrite it.

Pat Juneau is doing an excellent job administering it, and everyone knows BP is just out to save money.

BP was trying to change the Settlement so they did not have to pay people in the following Industries.

  1. Construction Industry
  2. Agriculture Industry
  3. Professionals such as Lawyers, CPA`s, and Doctors
  4. and more, its a long list, etc., etc., etc.

The BP Settlement is what it is, consider it etched in stone, and if you meet the terms of the Settlement you will get paid.

Judge Barbier also commented on BP suing Pat Juneau for doing his job today. He said, “As a matter of law, how can a claims administrator be in breach of his contract if all he’s doing is applying it as he believes it should be applied, and now as ordered by the court?” Barbier asked. “How can that possibly be a breach of contract.”

We applaud the Judge for sticking up for the people and the Claims Administrator today.

Incomplete BP Claims

The biggest issue many have had is presenting a proper BP Claims package to the DeepWater Horizon Settlement Fund. This results in the majority of incompletes.

There have been other issues that we hear about on our facebook page of people getting incompletes for information that is already in the claim package, we heard of that more frequently about 6 months back, but evidently there still may be some issues, however we hear about this far less frequently now.

Some of this has been learning curve issues for those of us in the processing business, but after getting a number of successful claims through, we pretty well have this down to a science.

What people who handle their own BP Claims fail to realize is that when you handle literally hundreds or thousands of claims, as we and our strategic partners do. We build relationships with the people processing the claims, we have Liaisons  CPA`s,  and processors, that all work within the DeepWater Horizon Settlement infrastructure, and quite often instead of getting Incomplete notices we get a phone call or an email, letting us know what we have to adress. This saves time, and frustration.

Liens and Lawyers

The Judge also admonished a few attorneys today for putting liens on BP Settlement Claims. We have been hearing a lot about this recently. If an Attorney has put a lot of time into a file, and the person decided to go elsewhere, the Attorney may elect to put a lien on the file. That is understandable, what is not understandable is when you may have engaged them but never gave them any information and they try to put a lien on your file for 25%. It gets even crazier when the client claims he never even engaged the Attorney, but the Attorney is still putting a lien on their file, and that has happened.

AR1`s help clients move from one firm to another

There is an apparatus in the DeepWater Horizon Settlement that deals with the lien issues, we will probably see this come into play more often in the near future. There is also a form known as an AR1 that allows clients to move from one attorney to another, or from an Attorney to a processor, or vice versa. Ar1`s have made moving claimants from one firm to another much easier.

Our BP Settlement Team

We have compiled the best talent for filing BP Settlement Claims in the Country, we have:

  • Large Loss specialists that work on large corporate claims
  • we have Business Claims specialists
  • Individual Claims experts
  • and a group specializing in Medical Claims that will get qualified clients to a Doctor
  • BP Appeal Attorneys ( read below)

We also have Attorneys based in New Orleans that are specialists in handling BP Appeals, BP Settlement Appeals are on the upswing, and having a great group of Attorneys specializing in this, is a new and needed part of our Network.

As always we will help you with your BP Settlement and Beyond.