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Category Archives: BP Class Action

BP Seeks to Exclude certain Industry Groups from the Settlement

BP Settlement and a few new wrinkles: maybe

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

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

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

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

Claim Groups BP is trying to Exclude

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

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

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

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

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

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

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

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

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

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

BPClaims.org Brings Out The Big Guns

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

We will be handling the smaller business claims in house.

These Firms have compiled the best talent in the industry.

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

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

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

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

Soybean Farming

Oilseed (except Soybean) Farming

Dry Pea and Bean Farming

Wheat Farming

Corn Farming

Rice Farming

Oilseed and Grain Combination Farming

All Other Grain Farming

Vegetable and Melon Farming

Potato Farming

Other Vegetable (except Potato) and Melon Farming

Fruit and Tree Nut Farming

Orange Groves

Citrus (except Orange) Groves

Apple Orchards

Grape Vineyards

Strawberry Farming

Berry (except Strawberry) Farming

Tree Nut Farming

Fruit and Tree Nut Combination Farming

Other Noncitrus Fruit Farming

Greenhouse, Nursery, and Floriculture Production

Mushroom Production

Other Food Crops Grown Under Cover

Nursery and Tree Production

Floriculture Production

Other Crop Farming

Tobacco Farming

Cotton Farming

Sugarcane Farming

Hay Farming

Sugar Beet Farming

Peanut Farming

All Other Miscellaneous Crop Farming

Animal Production

Cattle Ranching and Farming

Beef Cattle Ranching and Farming

Cattle Feedlots

Dairy Cattle and Milk Production

Dual-Purpose Cattle Ranching and Farming

Hog and Pig Farming

Hog and Pig Farming

Poultry and Egg Production

Chicken Egg Production

Broilers and Other Meat Type Chicken Production

Turkey Production

Poultry Hatcheries

Other Poultry Production

Sheep and Goat Farming

Sheep Farming

Goat Farming

Aquaculture

Finfish Farming and Fish Hatcheries

Shellfish Farming

Other Aquaculture

Other Animal Production

Apiculture

Horses and Other Equine Production

Fur-Bearing Animal and Rabbit Production

All Other Animal Production

Forestry and Logging

Timber Tract Operations

Timber Tract Operations

Forest Nurseries and Gathering of Forest Products

Forest Nurseries and Gathering of Forest Products

Logging

Logging

Support Activities for Agriculture and Forestry

Support Activities for Crop Production

Cotton Ginning

Soil Preparation, Planting, and Cultivating

Crop Harvesting, Primarily by Machine

Postharvest Crop Activities (except Cotton Ginning)

Farm Labor Contractors and Crew Leaders

Farm Management Services

Support Activities for Animal Production

Support Activities for Animal Production

Support Activities for Forestry

Support Activities for Forestry

Construction

Construction of Buildings

Residential Building Construction

New Single-Family Housing Construction (except Operative Builders)

New Multifamily Housing Construction (except Operative Builders)

New Housing Operative Builders

Residential Remodelers

Nonresidential Building Construction

Industrial Building Construction

Commercial and Institutional Building Construction

Heavy and Civil Engineering Construction

Utility System Construction

Water and Sewer Line and Related Structures Construction

Oil and Gas Pipeline and Related Structures Construction

Power and Communication Line and Related Structures Construction

Land Subdivision

Land Subdivision

Highway, Street, and Bridge Construction

Highway, Street, and Bridge Construction

Other Heavy and Civil Engineering Construction

Other Heavy and Civil Engineering Construction

Specialty Trade Contractors

Poured Concrete Foundation and Structure Contractors

Structural Steel and Precast Concrete Contractors

Framing Contractors

Masonry Contractors

Glass and Glazing Contractors

Roofing Contractors

Siding Contractors

Other Foundation, Structure, and Building Exterior Contractors

Building Equipment Contractors

Electrical Contractors and Other Wiring Installation Contractors

Plumbing, Heating, and Air-Conditioning Contractors

Other Building Equipment Contractors

Building Finishing Contractors

Drywall and Insulation Contractors

Painting and Wall Covering Contractors

Flooring Contractors

Tile and Terrazzo Contractors

Finish Carpentry Contractors

Other Building Finishing Contractors

Other Specialty Trade Contractors

Site Preparation Contractors

All Other Specialty Trade Contractors

Professional, Scientific, and Technical Services

Professional, Scientific, and Technical Services

Legal Services

Offices of Lawyers

Offices of Notaries

Title Abstract and Settlement Offices

All Other Legal Services

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

Offices of Certified Public Accountants

Tax Preparation Services

Payroll Services

Other Accounting Services

Architectural, Engineering, and Related Services

Architectural Services

Landscape Architectural Services

Engineering Services

Drafting Services

Building Inspection Services

Geophysical Surveying and Mapping Services

Professional Services

Surveying and Mapping (except Geophysical) Services

Professional Services

Testing Laboratories

Professional Services

Management, Scientific, and Technical Consulting Services

Administrative Management and General Management Consulting Services

Professional Services

Human Resources Consulting Services

Professional Services

Marketing Consulting Services

Professional Services

Process, Physical Distribution, and Logistics Consulting Services

Professional Services

Other Management Consulting Services

Environmental Consulting Services

Other Scientific and Technical Consulting Services

Scientific Research and Development Services

Research and Development in Biotechnology

Professional Services

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

Professional Services

Research and Development in the Social Sciences and Humanities

Professional Services

Advertising, Public Relations, and Related Services

Advertising Agencies

Professional Services

Public Relations Agencies

Professional Services

Media Buying Agencies

Professional Services

MediaRepresentatives

Professional Services

Display Advertising

Professional Services

Direct Mail Advertising

Advertising Material Distribution Services

Other Services Related to Advertising

Health Care and Social Assistance

Ambulatory Health Care Services

Offices of Physicians

Offices of Physicians (except Mental Health Specialists)

Offices of Physicians, Mental Health Specialists

Offices of Dentists

Offices of Dentists

Offices of Other Health Practitioners

Offices of Chiropractors

Offices of Optometrists

Offices of Mental Health Practitioners (except Physicians)

Offices of Physical, Occupational and Speech Therapists, and Audiologists

Offices of Podiatrists

Offices of All Other Miscellaneous Health Practitioners

Outpatient Care Centers

Family Planning Centers

Outpatient Mental Health and Substance Abuse Centers

HMO Medical Centers

Kidney Dialysis Centers

Freestanding Ambulatory Surgical and Emergency Centers

All Other Outpatient Care Centers

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 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

Reaction to BPClaims.org Latest News

BP SettlementBPCLAIMS.org staff just heard we are bulked in with some BPClaims phony sites via some news site.  We are not even in the least a phony site.  Our moral obligation has, and always will be, to the people and businesses that were hurt by the Oil Spill.

We have taken pot shots from all over, and what we have determined is that when you are actually out to help people and expose the truth; this stuff happens.  Did we get an offer in 5 days?  Yes we did.  Do we fight our asses off for people? You bet ya.  Even folks that are not engaged with us.  Is the 5 day offer the  the norm?  Unfortunately, no.

We will continue to fight the good fight, we will continue to fight for peoples rights, and we will  never stop.

To whoever is out there  to discredit us, I invite you to our office, anytime any day.

We are here for the people…always have been,  always will be.  We are not aligned with any specific law firms or processing groups, but absolutely help a ton of them better understand what is going on, and how to help people. 

We firmly believe that each claim is best handled by people specilizing in those specific types of claims, sometimes it`s us, sometimes it`s not.

  We have one goal in mind and that’s to get people paid.  We have never received one dime from a client that did not receive a settlement themselves.

DeepWater Horizon Settlement Fund Issues..lets fix them

The BP Settlement Fund has Issues, Real Issues

BP Settlement  What in the beginning seemed to be a mechanism that would actually get all the people paid, that deserved to be paid, has abruptly turned out to have some very serious deficiencies. Are these deficiencies by design, or are they just inherent flaws. It would seem to most of the experts that I have talked to over the last week they are by design, and are hidden in the complex, over 1000 page document known as the BP Settlement Agreement.

What Happened to a Fair BP Settlement Agreement

For many of you that jump through all of the hoops, get in all your paper work, all the monthly p n l`s, dot your i`s and cross your t`s, odds are you will find one last obstacle, The Customer Mix Test. Instead of raising false hopes, and going through the process, the first thing they should have asked Businesses for was The Test.

If you don`t have records of where your clients came from and how much they spent, and can`t show a drop that the Settlement Fund requires, your dead in the water. This is the last test they will throw at you, just when you think you are about to get paid, if your a business, and specifically in Zone D, this could be the nail in your coffin, for most of you. We are attempting to work around this issue.

NAICS Code Issues

If your company is based in a tourist Area, and can show a steady stream of clients, with significant drops in and out of season, and in 2010 versus 2009, but does not have the proper NAICS code, and can not show records and logs, you will not see the standard tourism RTP or Multiplier, but you will be left scratching your head, when you receive an offer substantially less then what you thought you were owed. We have been told that The Settlement is working on these issues.

We are hearing from Attorneys and Processors everyday that they are seriously bewildered to what they saw as the Goodwill of the Settlement Fund in the beginning get perverted. New rules seem to be applied everyday, the real issue here is those rules were in the document from the beginning, they were just not enforced when the first wave of payments came out. Now we are seeing rules and tests be applied that were never used in the initial first wave of payments at a more frequent rate.

BP is saving money and it is costing the People Billions.

Word on the Street

Now I am not saying this is true or not, I am not a lawyer, but this is the way it was layed out for me, and I have to say it makes a lot of sense.

If you recall The DeepWater Horizon Settlement had dragged its feet making payments on a large scale for some time. It was not until after the Opt Out Date did we finally see some payments to the Claimants. Actually many of the offers had been made to the Claimants before the Opt Out Date and finally delivered to them after the Opt Out Date. Many Industry Experts felt pretty good about the Settlement at that point.

Therefore many Attorneys advised their clients to stay in the BP Settlement, what we never had was a good sample set of Claimants of all different types and Zones going through the BP Settlement. Yet many believed the first wave was a good sign of things to come. The second wave would prove far different.

The Right way would have been to let people evaluate what they received as a Settlement, and then let them decide whether or not they chose to accept the Settlement figure, or then decide to litigate.

What people would eventually find out is that, there were a number of traps lying in wait. The Attorneys and the general public would not find out about many of these until much later, why because the Settlement had been stalled, so by the time the Opt Out Date had come and gone, then and only then would the trap be sprung. It always seemed odd to me that the Opt In date would be further extended, but the Opt Out Date would not.

That trap is called the Customer Mix Test. It is almost impossible to pass the Customer Mix Test for most Businesses.

Many Attorneys supposedly in the KNOW, firmly believe that the Plaintiff Steering Committee is too close to BP. They further believe the Administrators of the Fund have their hands tied, because all they can do is administer the fund under the Judges supervision, and the Judge is basically bound by The Settlement. The administrators need to have more autonomy For him to make changes, he would have to get BP and the PSC together to do so, and to agree to the changes.

Now I don`t know if these Attorneys are wrong or right, all I know, is that there are real issues here, and I would be remiss if I did not point them out. I also believe that the Judge, the Administrators, PSC members and yes even BP are all trying to reach common ground, my big point here is don`t B.S. us while trying to reach it, give us the facts, be upfront, and if needed be flexible.

The Judge has still not Signed off on the BP Settlement

The only silver lining right now is that Judge Barbier has still not signed off on the BP Settlement, it is expected that he will very shortly, with no substantive changes. There is still hope for many of the claimants that have fallen into this trap, but it is fading fast.

What many fail to realize is that the PSC was in negotiations with BP for a long time, during that process there is a lot of give and take, and in the end they crafted what we know today as the BP Settlement. It must be looked at as a mechanism that does the most good for most of the people and businesses, that were the most affected. However the tactics, and the way they were deployed, are questionable at best.

The issues are that there were serious mechanisms/tests that were not put in play. The general public and the Attorneys were led astray, because they never saw a TRUE SAMPLE SET of claims,  and that did not happen UNTIL AFTER THE OPT OUT DATE, and that is just not FAIR to the 1000`s perhaps 10,000`s more that would have most likely been advised or chosen to opt out.

Many wonder why these issues, and others, especially the plight of the sick people injured by Corexit have not been brought into the Public Eye more, it is thought by many it is because BP has spent so much in advertising in our local medias, buying tv, radio, and print, all in the hope of staving off the truth. The truth will come out sooner or later, it always does.

Now let me say this, we have found the fund for the most part, great to work with, we have gotten many claims paid, but there are issues, and they need to be addressed, sooner then latter.

What are we doing about it

We at BPClaims.org will continue to make people aware of the pitfalls of the Settlement, and the over all Landscape of the whole process including OPA, and upcoming BP Litigation.

We will continue to create strategic alliances to fix the issues that we see coming down the road, hopefully before they are issues.

We will continue to fight vigorously for the people, and the businesses hurt by the BP Oil Spill, on all fronts.

We will Expand our Network of BP Claims Professionals, which is the already the largest in the Country.

We will and Do get People Paid what they rightfully Deserve.

We will innovate and create workarounds for things such as The Customer Mix Test, and share them with other Professionals that are fighting the Good Fight for the People.

We will continue to handle most Claims at 15%.

Why, simply because for Us this was always about Helping People, and not about Chasing Dollars.

God Bless and Be Well.

 

 

Florida Keys and the BP Settlement

 BP Settlement Claims

BP Settlement Claims that can prove a loss in 2010 versus 2009, can qualify for up to 3.5 times their 2010 losses.

bp settlementIf your business suffered losses specifically from the months of May-December of 2010, versus the previous years in 2009, and possibly 2008 and 2007, the numbers can be astounding.

We at BPClaims.org specialize in assisting people and businesses with their BP Claims.

The BP Economic Settlement is uncapped, it is not the 7.8 Billion Dollars that many of you have been told about.

If your Business has declined in 2010 veruss prior years we can help you.

The DeepWater Horizon Settlement has various models and methods that can help us guarantee you your best possible financial outcome.

Many people and Businesses that did not update their GCCF Claims are not in the BP Settlement, unless they have been updated to meet the new requirements.

We have the Largest Network of BP Claims Professionals, we have people located from Key West to Houston.

Most of the Business Claims that we prepare for the BP Settlement are on a contingency basis that runs 15%.

There are no hidden fees, if at anytime you decide to walk away you can, few have, you can disengage at anytime.

If you read our blog at BPClaims.org you will find out that we take on various issues surrounding the BP Oil Spill, we are not just some company trying to help you with your claim, our connections to the People of the Gulf run Deep. We Fight for peoples rights on a daily basis, and get people paid.

If you would like to know more about the BP Claims process, or like further assistance please go to BPClaims.org.

If you would like to go directly to our sign up page, go to http://bpclaimshelp.com/bpclaims.php there is no obligation, a representative will contact you within 24 hours.

Our hours of Operation are from 8am -6pm est. or you can call 1-800-BP-CLAIM

We can help you gain the knowledge you desire, and the money you deserve.

We are not Attorneys, but have them if we need them, we will help you with your BP Settlement.

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.

 

BP Settlement Checks Arrive

BP Business Claim Payments Begin

bp settlement One of our processors began to get BP Settlement Checks in late last week, they were for local businesses that met the Settlement parameters.

This was the first batch of checks for businesses that we have heard of. We had seen plenty of offers, but finally are beginning to see the money.

We are now hearing from others in our network, and they are also experiencing an influx of BP Claims getting paid.

Over 4 Million Dollars worth of BP Claims were Paid.

As the payments actually begin to hit the street we expect to see a groundswell of new businesses begin to file. If you want to know if your business could qualify you may want to read a previous post. here

Opt Out Date still November 1

If you feel that you do not have all of the documentation to support your claim, you may want to consider opting out. If you have all of your documentation together, and can show your losses, you should seriously consider staying in the Settlement.

In my opinion the BP Settlement is very friendly for businesses. Businesses  historically have most of their records, and they are easier for the Fund to process. I am not an Attorney, but I do think claims such as individuals that are more difficult to process will continue to see some delays, but they will get to them.

If you don`t have a strong claim that squarely fits into the Settlement, serious consideration should be given to opting out, in the end the choices are yours.

Business Claims are Getting Paid

It is refreshing to begin to see some large business claims start getting paid. Many of these claims had been accepted about 30 days ago. We have been calculating Business Claims that have received offers, and are usually about 1% off from what the offer is from the DeepWater Horizon Settlement Fund.

If you have a business that you think was affected by the BP Oil Spill, please fill out the form to the right or call 1-800-BP-CLAIM.

If you filed under the GCCF but have not added the necessary documentation to your Settlement Claim, we can assist you with updating your claim.

We can also help you with denied claims, incomplete claims, and if your claim needs to be appealed under the Settlement.

We have connected with Teams of processors and Attorneys throughout the Gulf Coast to Serve you. They charge from 15%-25%.

If you would like to find out if you Qualify for the BP Settlement please feel free to call us at 1-800-BP-CLAIM, or fill out the form to the right.

We take your BP Claims very seriously, we have been doing this since the beginning, and have helped over 10,000 people and businesses.

 

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

 

 

 

Top Tier CPA Firm takes on Incomplete Business Claims for 10%

BP Settlement Solutions for Business Claims

bp settlement  If you are sure your BP Business Claim fits into the BP Settlement, we have asked a CPA firm to help you with INCOMPLETE CLAIMS for 10%, as long as they don`t have to recreate your claim.

The fact is this, if a good piece of the work is done, why should you have to pay for it. This firm specializes in Business Claims, it is one of the largest in the country, and they have helped file 1000`s of claims for Attorneys and local businesses.

They have one goal in mind, and that is to help you get your BP Claims PAID.

Please fill out the form to the right, this is just for Incomplete Business Claims

Opting in or Opting Out

After reading the last progress report from the Fund, I am still seriously disappointed at the Individual Claims numbers.

I don`t understand how they can not extend the opt out date, it just has to be done. Otherwise there will be a mass exodus.

People are tired, and if you think you are owed money, and you probably are, you may want to put it in the hands of an Attorney. If you are thinking about opting out we have law firms that want to help you and will. Just fill out the form to the right and write in Opt Out in the description.

If the opt out date is not extended people will be forced to protect their rights, and BP needs to be held accountable.

Claims are getting Offers

We have seen over 8 million dollars in claims get offers in the last couple of weeks, (between our network . It was a hopeful sign, and one that we all welcomed, what we need to see is for those people to actually receive the checks now.

I believe they will, but it needs to happen sooner then latter. I think we have all waited long enough.

So what does the Future Hold

I`m trying to figure that out as I write this, the individual numbers are a sticking point for me. I am beginning to believe that they want to see these claimants represented by Attorneys so there is some sort of Class procedure that can come into play.

Business claims seem to be getting handled as do other sorts of claims. If you think about it, and you want to stimulate the economy, you put the money in the hands of business people and hopefully it all trickles down.

For many, if you do not fit into the Settlement you will need to Speak to an Attorney, they charge 25%

If your claim fits in to the Settlement and you would like to use one of our CPA`s or Adjusters the fee is 15%

 

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