Category Archives: BP Settlement
We Can Help You and this is How
We have had many calls requesting that we assist them in checking their bp claims status. Many of you have had issues trying to reach DeepWater or their Attorneys or Processors directly.
Please understand that we are unable to check claim status unless you are a client of one of the Attorneys or Processors we work with.
By no means are we soliciting other Firms Clients, but the fact is people need to know they have options.
If you are interested in signing up with one of our network attorneys, please download the engagement documents and the AR1 below, complete and sign and return to us by email to firstname.lastname@example.org or fax them to 941-951-6738.
If at anytime you wish to disengage with members of our Network you can, with no financial obligation.
After you download them, you should have three documents. You will find them at the bottom of this post.
1. Retainer Agreement
2. Statement of Client’s Rights
3. AR1 or Change of Representation Form from the Deepwater Settlement Program. When you complete the AR1, please complete Sections A, B and E if you want to change from your current attorney, and Sections A, D and E if you are currently representing yourself and you want to be represented by our attorney.
If you feel you need to change your Representation you can with the AR1 Form.
While you have completed and submitted these to us, please remember that this does NOT create an attorney-client relationship until the attorney reviews and signs these documents.
Fees As Low as 10%
Please note that this is a sliding scale contract. What this means is the % of your recovery, if any, will depend on the amount of work that needs to be done.
The fee % charge could be as low as 10%; if you still have work that needs to be done or notices that must be responded to, the fee % charge could be as high as 20%.
There is no way for us to know until you are signed up, and we can actually view your documents in the DHECC portal.
Even if you have received an FWA or HUB Investigation Notice, we can still take your claim. If you know you have provided honest and complete documentation to the Claims Administrator, then members of our Network are open to taking your case.
Our Network Attorneys and seasoned accountants, claims managers, and support staff can help shepherd your claim to the end.
We’ve been in this since the beginning, and we’ve had great success at getting people paid, because we know what the Claims Administrator requires when responding to Notices or other inquiries.
If you are tired of not having answers to your questions, this is your chance to have a responsive Team on your side.
We do what it takes to keep communication open with Clients and Reviewers, our team works extremely well together to fight for our clients rights.
Please note we are not handling medical claims.
BP Claims Forms To Download Below
All Economic Claims need to be in June 8th
The phone number for the Deep Water Horizon Settlement is 1-866-992-6174.
The New BP Claims word is REFILE
Has your your claim taken far longer then other people you know? Has an attorney or processor told you that they had to refile your claim, many don`t. As I am writing this I have just received several calls from claimants who after checking their claim status themselves, realized their claims were refiled without their knowledge.
To check your claim click here, you will need your claimant ID and the last four digits of your ein or social security number.
Why did this happen, usually because processors/attorneys did not respond in a timely manner to incomplete notices for your claims. For many BP Claims Processors, processing came to a halt by some, when BP stopped paying claims, the issue here is Deep Water never stopped processing the claims. So if your claim was filed several years ago, you may want to check for yourself, which we highly encourage. Many Processors quite frankly were starved out by BP`s intentional shutdown of payments.
What essentially happens is, your claims if they were refiled send you to the back of the line. If your processors/attorneys/cpa`s were not forthright enough to tell you that your claim has languished for so long by Claims Processors shutting down their processing due to a lack of financial resources, shame on them, but your not stuck with them. Also please keep in mind this is by no means a fast process, and many BP Claims have just simply languished.
You are NOT STUCK with your Claims Preparation Group.
If you are a Claims Preparation Group and that includes Attorneys, that needs help processing your claims call us, we will help you if we can.
We have a large network of very well funded Attorneys and other Processors that can assist you. I know BP starved many processsors out, and as far as I can tell some claims processors are still not seeing many claims paid.
On the other hand I am happy to say through our network and our own internal processing we have seen almost 10 million dollars in paid BP claims in the last coupe of months.
We are seeing lots of appeals, pretty much anything over 250k is getting appealed, but we are seeing them won. It usually tacks on another 3 months to process.
BP Claims News
New Home Builders BP Claims are seeing Better then expected returns, it was thought that 495 was going to impact these claims in a very negative manner but that has not been the case. Home Builders are walking away from the BP Claims process with some staggering amounts.
Deep Water on the processing side, has begun to have lots of issues with processing. We have seen this before around other deadlines, it is no surprise.
Here are some notes from Melody Scott about recent incidents regarding the processing of the claims we handle internally.
This is one of our very recent Internal memos.
Now advising that claims should be filed immediately and warning that the Deep Water system may overload or crash starting next week and this will not be an acceptable excuse for not being able to file a claim in a timely manner.
Now advising that their system resources are strained and upload times are greatly increased. Large documents must be broken up into smaller documents or they will not load.
BP Claims once forgotten are coming back to the table
We have been preaching this from the rooftops for a few posts now, there are many claims that NEVER entered the Deep Water Horizon Settlement from the GCCF. If you recall there were almost a million claims in the GCCF when it transitioned over to the Deep Water Horzion Settlement. When that occurred many people and business`s lost track of the necessary paperwork to transition their claim over, at the same time many never thought they had to do anything at all, and the claim would just naturally progress over there. They didn`t, and in our estimation we think that number is in the 100,000`s.
So over the last week we have been calling people that came in through our websites in 2010 and 2011, and what we are finding is that many people think they are filed but only have the old GCCF claim numbers and you got it, never transitioned over to the Deep Water Horizon Settlement.
Many had Attorneys and Processors that they never heard from again. I have heard one processor that dropped over 900 individual claims, when the transition over to Deep Water occurred.
BP`s playbook from day one has been Delay, Deny, and Defend, throw in a touch of greed and personal agendas by certain processors and attorneys, and the BP Claims process becomes even more muddled.
If you had a claim during the GCCF era and DID NOT take a Quick Pay, or a final offer, your paperwork is still in their database and very easy to revive, but time is clearly running out.
After all of the Damage BP has caused to Families and Businesses along our coast, I urge people to call the Deep Water Horizon Settlement Directly at 1-866-992-6174 and file if you can, or enlist the services of a Processor or Attorney. Have your financials in order and that includes your taxes and monthly pnl`s file your claim yourself if necessary, and preserve your rights, you can always move your claim over to an Attorney or a processor after the June 8th date.
If you need assistance we will be happy to do what we can. We have processors in our Network that handle Individual and Business Claims. We will be processing claims until the deadline, but you need to have your financials in order.
Just call 1-800-272-5246 or 1-800-BP-CLAIM, we are not related to the Deep Water Horizon Settlement, and we only process business claims at this point.
If all or a good part of your paperwork is in the portal, filing or moving a claim is easier then you think. It all depends upon the quality of the data you have given them.
Since 495 has come into play it is actually very advantageous to have the original data that many of you provided to the GCCF or early Deep Water Horizon Settlement. If your financial data is held in accounting software such as Quicken or Quick Books and has been since 2009 or before, or you have an in house bookkeeper or the same CPA, you may be able to get your information in on time, but NOW is the time.
On a personal note I would like to welcome Melody Scott to our Team. She worked at the Command Center during the spill and has been active working with BP Claimants for several years. She has assisted us in getting claims paid that many would have given up on. She has helped the claimants that we work with the last several months and her results have been outstanding. Her para legal experience, and outstanding overall knowledge of this event have made her invaluable to us and our clients.
Melody you are a Blessing and a welcome addition to our Team.
She is a proud member of the Florida Baseball Academy as well.
This week a 1.1 billion settlement with Halliburton Energy Services, Inc. (HESI) was announced by the BP Plaintiffs’ Steering Committee for the BP/Deepwater Horizon Oil Spill Litigation. The HESI settlement is in part to Halliburton’s role in the incident being found criminally negligent; and in a further attempt to make things right for the Gulf Coast, the settlement was approved. Judge Carl A Barbier will oversee the settlement and continues to have an active role in the ongoing Deepwater Horizon Economic Settlement.
While we are not attorneys, we feel it is important to keep all affected claimants informed, and to ensure that they receive all of the information they are entitled to in a timely manner. As always, we continue to be advocates for victims of the BP oil disaster, we have been there since the beginning when the disaster happened in April of 2010.
If you were denied previously, you may still be eligible.
The HESI Settlement includes two classes:
1) Individuals and businesses that are class members in the existing Deepwater Horizon Economic Settlement. We were disappointed to see that businesses and individuals who received “quick pays” in the beginning were excluded. We continue to seek justice for those individuals. Many were unfairly coerced into accepting a settlement that may have solved some economic issues short term; but I have heard from many of those same individuals that the compensation they received was far less than what they should have received. Unfortunately, many of those people who received “quick pays” had to take the payments. The only other option was to lose their businesses or homes. Sadly for many, that happened anyway. We continue to seek justice for those victims.
2) Any “individual” business (including fishermen and charter boat operators), property owner, or governmental entity (excluding both state and federal government) that is proven to have Robins Dry Dock standing under General Maritime Law.
This particular settlement applies to commercial fishermen and charter boat operators that were in business at any time between April 20, 2009 and April 18, 2012; property owners, businesses and local governments that had oil touch their real estate or personal property any time between April 20, 2010 and April 18, 2012; and individuals that fished or hunted in specified areas and depended on their catch for subsistence, barter or trade” (CNBC, September 2, 2014).
Exclusions to the HESI Settlement:
(1) Any New Class Member who timely and properly elects to opt out of the New Class under the procedures established by the Court?.
(2) Defendants in MDL 2179, and individuals who are current employees of HESI, or who were employees of HESI during the Class Period.
(3) The Court, including any sitting judges on the United States District Court for the Eastern District of Louisiana, their law clerks serving during the pendency of MDL 2179, and any immediate family members of any such judge or law clerk.
(4) Governmental Organizations as defined in Section 5.
(5) Any Natural Person or Entity who or that made a claim to the GCCF, was paid, and executed a valid GCCF Release and Covenant Not to Sue, provided, however, that a GCCF Release and Covenant Not to Sue covering only Bodily Injury Claims shall not be the basis for exclusion of a Natural Person.
(6) BP Released Parties and individuals who were employees of BP Released Parties during the Class Period.
(7) Transocean and individuals who were employees of Transocean during the Class Period.
As part of the settlement process, an “Allocation Special Master” will be appointed. They will determine what portion will go to each class. The court will also develop a Distribution Model to determine the best way to distribute funds. We will provide further information as we receive it. For more information regarding the status of your existing claim or to file a new claim, please complete the form on the left hand side so that we can begin setting your claim up soon. We have been processing claims since the beginning of the disaster, and we are committed to seeing our claimants through to the end; ensuring those affected receive the compensation they deserve.
Feel free to contact us if you are unsure of your status or have any questions at 1-800-272-5246.
All claimants can check their status at any time on-line. It is not necessary to go through endless hold times or automated systems; you simply need your claimant ID and Social Security Number (or EIN number). Your attorney or Deepwater Horizon can provide you with that.
-Our clients can call us directly (941-343-8700) or (1-800-BPClaim)
-All other claimants can call DWH at 866-922-6174 to get your claimant ID or to check status
-Once you have your claimant ID #, go to deepwaterhorizoneconomicsettlement.com and follow instructions for “check my status”. You will need the last four digits of your EIN number or SS number (depending on what number you are filing with).
We feel it is important that claimants stay informed. Many claimants are frustrated with the amount of paperwork required and for the length of time the claims process takes.
BP has been rallying to gain support to gain a hearing with the Supreme Court in an effort to reduce their obligation to the Gulf Coast. They have supporters you would not expect: A Chamber of Commerce, a Watch Group out of Washington, even Ken Feinberg supported briefs that were written to dissuade the courts from hearing this case.
Mr. Feinberg was the former head of the GCCF. As most of us remember, the GCCF was such an abomination and hurt so many, which is why the Deepwater Horizon Economic Settlement was written in the first place.
The GCCF failed; Feinberg hired cronies who didn’t even know how to process claims! There were briefs written (and supported by these same individuals against the settlement) adding insult to injury for all victims of the spill; those who lost their jobs, homes, and businesses.
We at BPClaims.org continue to go to bat for all claimants. We will not stop until justice is served.
This post was brought to you by Sarasota Embroidery.
Polar Opposites: David Duval compared with Judge Edith Clement
This morning I saw the second Freeh Report, which basically highlighted David Duval`s departure from the Deepwater Horizon Settlement.
It seems to me that the only chink in Mr. Duval’s armor was an email that he sent to his cousin regarding a panelists comments. Neither Mr. Duval or his cousin had any sort of monetary gain at stake from sending it, or reading it.
As the report noted, Mr. Duval was forthright immediately. As I understand it, he actually told the DWHS Leadership, and I will repeat this again, he had no financial gain whatsoever in sending this email to his cousin who is also an attorney.
He immediately resigned, as sending the email was contrary to an agreement that he had with the leadership of the Deepwater Horizon Settlement regarding confidentiality, and he wanted to avoid any hint of impropriety.
Now lets Compare Judge Clement’s Actions to David Duval’s
Let’s compare what happened to David Duval and how he dealt with it, versus what is going on with Judge Clement and her relationships with Big Oil.
Clement will not Leave the FREE organization (Foundation for the Environment and Economics)
Another opinion on F.R.E.E.
This is sourcewatch.org’s view of the FREE Organization –
Based out of Bozeman, Montana, FREE is a prime engine for free market environmentalism in the area of education.
The chairman, John Baden (a past member of the National Petroleum Council), preaches reliance on market mechanisms and private property rights, rather than on environmental law, for protection of the environment. Baden stresses decentralization – a shift of control from what he calls “Green platonic despots in D.C.” to “local interests.”
In reference to the agenda of FREE, Baden has written that it’s, “the norm among progressive, intellectually honest and successful environmentalists.”
One of the newest FREE plans is the “Charter Forest” project, in which national forests would no longer operate under the “multiple use” standard. Instead, each forest would be managed by whomever could make the greatest profit from it.
FREE has been offering all expense-paid trips to seminars for federal judges.
These seminars which feature such topics as “The Environment: A CEO’s Perspective” are usually held at private ranches or resorts in Montana with a plethora of amenities for the judges to enjoy. In the late 90’s, FREE bragged that nearly 1/3 of the federal judiciary had either attended or was seeking to attend one of their seminars.
The Koch Brother Support FREE:
This is from GREENPEACE
Koch Industries Climate Denial Front Group is the
Foundation for Research on Economics and the Environment (FREE)
GreenPeace reported that FREE received $430,000 from Koch foundations 2005-2011 [Total Koch foundation grants 1997-2011: $1,525,000].
Peter Geddes, Executive Vice President of FREE, has advocated against taking action on climate change because warming is “inevitable” and expensive to address. In addition, FREE sponsors seminars for federal judges that have been criticized for creating judicial conflicts of interest.
It gets BETTER – guess who The Koch brothers do Business with, BP of course.
The Koch Brothers even pollute the environment with BP, just ask the residents on the East Side of Chicago. This was recently documented by the Huffington Post. Here is the article.
So Judge Clement who is a board member of FREE, who takes large donations from the Koch Brothers, who work with BP, and both pollute the environment.
It is Very Very Clear that Judge Clement has a conflict of interest here, she should not be in any way associated with BP. Yet the Companies who fund her organization work closely with BP.
For further clarification of the Junkets for Judges program and Judge Clements TAINTED relationship with FREE click here.
This is from their website
FREE’s mission is to imagine and implement an economic way of thinking that is consistent with a society of free and responsible individuals
In essence they are for deregulation of the Energy and Oil Industrial sector, but they do have a few noble endeavors towards helping wildlife, but don`t let that fool you. This is an organization with a lot of influence that works for Big Oil and their interests.
It is funded by Exxon/Mobil, the Koch Brothers,Texaco, Exxon, General Electric, Monsanto, and Shell. They are the major players in the Oil and Gas Industry.
Judge Clement has a relationship with an organization which she has been asked to step down from by Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court other judges have stepped down from FREE, so that there would not be a conflict of interest. Judge Clement still participates in FREE as a board member
Judge Clement appears to have a long-standing relationship with Big Oil she was appointed to the bench by George W. Bush and we all know he loved big oil. Bush signed the most sweeping bill to deregulate oil in 2005. Judge Clement was assigned to the 5th Circuit in 2001. Do you think that George Bush had an agenda to advance Big Oils interests, YOU BET HE DID.
If you look at Judge Clement’s stock portfolio you will notice that many of her mutual funds have energy stocks within them, she had interest in BP stock until 2009 or so.
If you compare David Duval`s actions and voluntarily resigning, versus Judge Clement’s refusal to recuse herself after a relationship with FREE. They are polar opposite in terms of integrity.
It is clear that Mr Duval has taken the high road while Judge Clement stands firm with Big Oil, and this has negatively impacted the BP Claims Settlement, either by her own ideology which is why Bush appointed her, or because of her relationship with Big Oil or a combination there of.
It is very clear what her next move should be, and it is not hearing the next appeal, but to step down from FREE, and correct any public perception of impropriety .
We want to Hear From You
If you are involved with the DeepWater Horizon Settlement and would like to write a blog for this page please feel free to email us at Kathy@BPClaims.org.
You are welcome to visit our FaceBook page.
Written by: Bill Bohack
“IS THE BP CLAIMS PROCESS BEING HIJACKED BY FRIENDS OF BIG OIL”
On Thursday morning, January 16, I was sent a link to an article written by James Gill of The Advocate in Baton Rouge.
The article was on Judge Edith Clement, who is the 5th Circuit Judge that originally sided with BP, and will hear more of BP`s appeals in the very near future.
The article points out that there may be a good reason that this judge, who seems to be very friendly to BP with her written opinions, is making the decisions that greatly benefit BP, and not the people that were financially harmed by the worst man-made disaster in U.S. history.
Judge Clement and FREE
The article points out that Judge Clement has for years been a board member one of the most active front organizations, for Big Oil and Energy. She is a board member of The Foundation for Research into Economics and the Environment (a.k.a. FREE). This organization seems to be very pro big oil, as its chairperson, John Baden, is a past member of the National Petroleum Council.
As the article points out, Judge Clement’s picture is on the website, she is a board member. This group is funded by Big Oil and takes luxurious junkets yearly, one of the last ones being to Montana, it was estimated by an independent group that the cost per individual of that trip was 10,000 dollars a head. It is not clear where all of the funding for this group comes from but it is clear that, at least in part, it is funded by big oil. One of the major financial contributors is Exxon/Mobil.
Apparently sometime in 2005, Judge Andre M. Davis was a board member of this same group and someone filed a formal complaint citing the obvious conflict of interest. Judge Davis requested an opinion from the Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court. Their opinion was issued on March 30, 2005 and it clearly explained that the honorable judge was violating several rules by being on the board of FREE. In a nut shell, the opinion was that the judge’s service on the board of this group calls into question the judge’s partiality on certain issues. Since the group is funded in part by “Big Oil” who would you think the judge would favor in a court case?
The article goes on to explain that Douglas Kendall, the President of the Constitutional Accountability Center in Washington, DC, wrote to Clement pointing out the Judicial Conference of the United States had ruled that joining FREE’s board was against its code of conduct, she did not respond. Click here to read the letter to Judge Clement dated December 9, 2010.
She is still a member to this day and you can see a picture of her here, she is on the Board of DirectorsJUDGE EDITH CLEMENT FINANCIAL DISCLOSURES AND BP STOCK
If you look at Judge Clements 2011 financial disclosures here is a l link to them you will see how vested she is an energy stocks, specifically Vanguard which is as I understand is one of the largest stockholders of BP stock in the United States. Please understand, I am not saying any of the Vanguard mutual funds she owns has BP Stock in them, but should`nt this and her relationship with FREE at the very least be looked into.
Top Mutual Fund Holders of BP Stock according to Yahoo Finance.
Franklin Custodian Funds-Income Fund
Vanguard/Wellington Fund Inc.
Vanguard/Windsor II 15,549,869
Vanguard Specialized-Energy Fund
DFA International Value Series
American Mutual Fund Inc
Invesco Comstock Fd 4,826,424
American Beacon Large Cap Value Fd
Hartford Capital Appreciation Fund
Vanguard/Windsor Fund Inc
Why does this matter?
In the judicial system of the United States, judges are required to recuse themselves (remove themselves from participating in a case), not only when they are biased, but even when they may appear biased to a neutral observer. This appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts.
Just a side note here, George Busch appointed her, we know who he stands with, and that is Big Oil. Judge Clement also owned BP stock as late as 2009.
At this point, it appears many are questioning the impartiality of Judge Clement with regard to the BP case.
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I am pleased to tell everyone that the BP SETTLEMENT will resume. When? We really don`t know, but we are a whole lot closer. The 5th circuit judges as a majority, ruled in favor of Judge Barbier`s previous decisions. I speak for many when I tell you how pleased we all are.
We Thank The 5TH Circuit for actually “Making it Right” and for Judge Barbier and Patrick Juneau for having it RIGHT the whole time. We further appreciate Judge Barbier and Patrick Juneau for sticking to their guns, and holding BP accountable.
The Fifth Circuit Judges “Made it Right” by lifting the stay for Business Economic Losses or BEL`s imposed by a previous 5TH Circuit Panel.
BP was in a no lose position
Either BP could stall the settlement, or get it thrown out, they stalled. As BP stalled the settlement for the last several months, you need to wonder how much money BP accrued through its holdings during that time. How much money did BP save during this period, and how much did BP make with the money they should have been paying oil spill claims with.
Barbier and Juneau had it Right from the Start
Juneau and Judge Barbier had it right from the beginning. BP had made an agreement that showed causation through the V test and other models and they were bound by the terms of that agreement.
In reality all this is was, was another stall tactic by BP.
There is no doubt that we’ve seen this before during the GCCF days and the BP settlement era. What it comes down to is, it just takes more time for people to get paid, and some people with VALID BP Claims will just let their claims go, and let BP off the hook, , they wore them down, don`t let them.
Some BP Claims /CPA`s /Processors/Attorneys/have Quit handling BP Claims
As part of the collateral damage many groups just could not afford to process BP claims anymore, or just elected not to. It is difficult to justify a continual expenditure on BP claims that just don`t seem to get paid. By BP continually stalling it, put many groups in a tough financial position.
Other issues are that many CPA groups, specifically the smaller ones are not staffed to handle BP claims and the regular accounting load. and these guys are now heading into tax season.
If you are a a group or firm that needs help with it`s BP Claims Case load call 1-800-BP-CLAIM. We have other processors and attorney`s that would be happy to work something out with you.
The BP claims processes was meant to to get people paid. Plain and simple, not get blocked by BP every step of the way.
BP`s strategy revealed they would use of the Delay, Deny and Defend strategy. This is the standard strategy by unscrupulous insurance companies and BP.
Written by: W.C Bohack
Monday, November 4, arguments were made by BP to the Federal Appeals Court regarding last year’s initial approval of the Deepwater Horizon Settlement. The BP Settlement was put in place to compensate businesses and individuals along the Gulf Coast who took economic losses in relation to the oil spill.
What does the BP Settlement want to accomplish?
BP is trying to renege on the terms they originally agreed to, which would therefore put a total end to the settlement. This appeal is separate from a ruling made last month that is forcing BP and the Plaintiff Steering Committee to create new guidelines for the financial calculations of certain BP Settlement Business Claims. BP made this appeal because they believe that if the new calculation guidelines are not in their favor, the entire settlement should be thrown out.
The Arguments in Court
BP continues to claim that the current settlement terms are being misinterpreted by Judge Barbier and the Claims Administrator, Patrick Juneau. The Plaintiff Steering Committee, however, states that BP simply underestimated the actual costs of the settlement and the amount of claimants that would be eligible to file claims.
The judges handling the appeal gave no time frame on how soon they would issue a ruling. However, a lawyer for BP did mention that the judges may want to wait to make a decision until the new business claim calculations are agreed upon.
The Truth about the BP Settlement
Have there been claims that have been paid that did not deserve it? It is a possibility. The way the BP Settlement is set up, businesses need only exhibit a certain revenue pattern to prove their eligibility to receive compensation. Technically, a business that made more money in 2010 than in any other year could be eligible to receive compensation.
BP continues to claim there have been numerous fraudulent claims that have been filed. The way the settlement was set up may allow some claims to qualify even if their loss was not spill related. However, if the claims display the correct revenue pattern and are located within a designated economic loss zone, they qualify and there is nothing fraudulent about that. BP agreed to the initial terms and should have foreseen and properly estimated the true cost of the settlement.
We do not think it is fair for businesses that were not truly affected by the spill to receive compensation. Is it fair that businesses who actually made more money in 2010 have received settlements? We don’t think so. Should the calculation terms be re-reviewed? We think so, but we also think that the entire settlement should not be thrown out. The Deepwater Horizon Settlement is a major advancement to its predecessor The Gulf Coast Claims Facility. The parameters of the GCCF’s payouts were highly questionable, while the Deepwater Horizon Settlement guidelines are crystal clear.
What is the best option for all parties involved?
The Entire Deepwater Horizon Settlement should not come to an end. BP should be able to alter the business claim calculations to create more reasonable offers to claimants. There are still many eligible, legitimate claims that have yet to be paid. Completely abolishing the settlement makes it a lose-lose situation for everyone. We have faith that the courts will keep the settlement in place and correct the business calculation parameters to reach a happy medium between BP and the Plaintiff’s Steering Committee.
As always we are here to help you, the people of the Gulf. At the moment the future of business claims is up in the air until rulings are made in court. Most Individual, VoO and Seafood Compensation claims continue to move forward, while the processing of business claims has come to a temporary halt. We process claims for Attorney’s throughout the country and can help you receive the BP settlement you deserve. Call today if you would like to begin a claim or have questions on a claim you already have pending. We will do whatever we can to help. Check back frequently for the most recent news on the BP Settlement.
Written by: Britt Rader
BP tries to cut budget to slow payment of BP Claims
Patrick Juneau, the Claims Administrator of the Deepwater Horizon Settlement has stated he believes BP is attempting to slow down the BP Claims process.
Continuing to ask for budgets cuts, payment halts, and appeals, is all part of their scheme to keep as much money for themselves as possible. If you’ve been following the settlement and keeping up with the ongoing proceedings, you would know this is nothing new.
We have talked to processors and Attorneys who have seen up to a 400% spike in BP appealing claims over the last 5 weeks.
For the fourth quarter, BP has asked for a $25.5 million budget cut for the processing of BP Claims through the Deepwater Horizon Court Supervised Settlement. A few months back, they had also asked for a budget cut for the third quarter but were denied by Judge Barbier.
The budget being requested for the fourth quarter is based upon the claims administrators supported estimate of costs needed to employ enough staff to keep BP claims at the current backlog rate. Of the over 200,000 claims that have been received by the settlement there are over 88,000 that have not yet begun review.
Why is it taking so long to process BP Claims?
BP figures the more roadblocks they throw at the claimants, the more people will become frustrated and give up. They challenge the settlement and the claimants every step of the way. Juneau requested the budget to hire an additional 100 accounts to review complex Business Economic Loss Claims, but was shot down by BP. What does that mean? The claims process will continue to drag on at the current rate of processing; slow and not so steady.
The probing into the settlement conducted by Louis Freeh revealed that Brown Greer, an independent processing group hired by BP and the Plaintiffs Steering Committee, resisted the Claims Administrators Office’s efforts to create efficiencies and control costs. It is important to note that Brown Greer was negotiated into the Settlement by BP.
It has been said that Brown Greer just wants to promote the business and financial interests of their own company. Brown Greer`s monthly fee from the settlement is over 15 million dollars.
After following Brown Greer and their strategy to slow down the BP Claims process during the GCCF era, and now the BP Settlement era, one can only wonder if they are in collusion with BP, and that is why BP negotiated them into the Settlement.
You would think after the debacle that the GCCF was, that the last thing anybody would want is to leave the company that was in charge of processing the bulk of the claims in play at any capacity, but no BP insisted that their role would continue into the Settlement. BP clearly has an agenda and Brown Greer is a part of that agenda.
After seeing the writing on the wall, the BP Settlement Leadership was smart enough to bring in Postlethwaite and Netterville to assist with expediting BP Claims for the BP Settlement. This took time for them to realize, for many businesses and individuals it only exacerbated their current economic condition. Postlethwaite and Netterville has done an excellent job in processing BP Claims for the DeepWater Horizon Settlement.
Brown Greer slowed the claims process during the GCCF era, indeed forcing many people to take Quick Pays, this pattern continued into Settlement, It is because of this negligence, ineptitude, and sheer contempt, that those who were forced to take Quick Pays should be allowed to comeback to the table under the Settlement or some other apparatus. These people deserve to be made whole, not to be Victimized a second or third time by a processor that clearly has it`s own agenda, and it certainly is not helping the people of the Gulf Region.
Since Brown Greer was also involved in processing claims for the GCCF when it was in existence. Many claimants and attorneys believe they should be investigated for mishandling claims during that era. Did Brown Greer stall the claims process for the companies own interests?
Look at the history. They worked with Feinberg who was hired by BP to create the quick pay option which robbed many people of the settlements they rightfully deserved. They delayed in paying people, and that placed many in or near bankruptcy, businesses and homes were lost due to their lack of action. Those that took quick pays should be allowed back to the settlement, or at least a chance for a recalculation to compensate for actual losses.
All of this being said, this is Brown Greer`s history. In the end, the only interests they have served are their own, and BP`s.
It has been rumored that Brown Greer is attempting to take control of aspects of the BP settlement, and exude it`s influence. We have seen this firsthand, and we can tell you this it`s not helping people get paid, actually it`s quite the opposite.
Find out if you Qualify for the BP Settlement
If would you like to find out if you qualify to file a claim, don’t hesitate to contact us today for a free claim evaluation. The deadline to file all claims is vastly approaching. Call us today at 1-800-BP-CLAIM or complete the form on this page, and we will contact you within 24 hours.
Article Source: BP Claims
Author: Brittany Rader
BP Medical Settlement Update
Immediately after the oil spill occurred in the Gulf of Mexico in 2010, efforts were made by BP to begin the cleanup process along beaches and shorelines. A sea-floor oil gusher continued to spew crude oil into the Gulf for 87 days until the leak was capped. In total, 210 million gallons of oil were dumped into the ocean due to BP’s negligence.
90,000 workers and over 7,000 vessels were assembled throughout the Gulf regions to begin containing, dispersing and removing the remaining oil and tar deposits in the summer of 2010.
The clean-up efforts utilized 1.84 million gallons of the dispersant COREXIT, which acted to emulsify oil deposits that would normally rise to the surface, leaving them suspended in the water and on the ocean floor. Many of those working on the spill did so without gloves, masks or any form of protection from the hazardous substances to which they were exposed.
A study performed in 2012 by the Georgia Institute of Technology later revealed that when COREXIT mixes with oil, it becomes 52-times more toxic.
COREXIT is banned in several European countries because it does not pass their laboratory toxicity tests and they feel it is unsafe for human exposure. The composition of COREXIT contains hazardous chemicals which are known carcinogens. If exposed, other chemicals which compose the dispersant can cause damage to red blood cells, the kidneys and the liver. Internal bleeding, blindness, and the buildup of chemicals in the flesh have also been witnessed. Some severe cases of exposure have led to death and many other debilitating conditions.
After only 3 years out from the spill, the long-term effects of exposure to crude oil and other dangerous dispersants are yet to be seen. To assist those who were exposed and became ill, BP created the BP Medical Settlement.
Current Status of the BP Medical Settlement
On January 11th 2013, the United States District Court in New Orleans granted final approval of the Medical Benefits Class Action Settlement Agreement. However, because two appeals were made to the settlement in February, no claims are being reviewed or paid out. In July, one of the appeals was dropped, but one is still being contested. Until this appeal is resolved affected individuals will not receive any financial or medical help from BP. The only move that has been made thus far is the Gulf Study, a research program sponsored by the US Government and BP to monitor the environment and individual health of those that were exposed to the oil and chemicals.
Why aren`t BP Medical Claims getting Paid
The remaining appeal was filed by Darrell Palmer, an Attorney from California with four clients out of Florida who suffered from exposure to the harsh chemicals. The Plaintiffs Steering Committee asked that a $50,000 bond be placed on Palmer which he would be forced to pay to continue the appeal. The judge placed that bond and Lawyer Theodore Frank paid it for Palmer and will continue the appeal in his place.
If the appeal is lifted, the BP Medical Settlement will have to start reviewing claims and paying the affected individuals. Some claimants can expect to receive up to $60,700 for damages they suffered. The conditions of the settlement would also allow them the right to litigate at a later date should any further spill-related medical conditions arise. Unfortunately at the moment though, all of this is at a standstill until the appeal on the settlement has been lifted.
People have become very sick from exposure to these carcinogenic chemicals, yet medical claims are not being paid. Many are out of work because of conditions imposed upon them by their past as a cleanup worker. Although the economy was highly affected by the spill, it seems as if people’s health is much more important than compensating a business for lost revenue.
From day one, we have been in this to help people.
W.C. Bohack the principal of BPClaims.org was on the water off Grand Isle in mid June 2010, to see firsthand what exactly was going on, he has often mentioned you could taste the Corexit in the air, and wandered what the after effects would be. We are seeing a continued rise in certain cancers and other respiratory and skin issues, many of them, chronic. These are issues that we will be dealing with for many years to come. Including the cleanup workers and those that resided in affected zones, over 200,000 may be eligible to receive medical benefits through the BP Medical Settlement.
We have been assisting people that were injured by the use of Corexit since the very beginning, we have been in touch with some of the best personal injury attorneys in the country who will fight to get you justice. They are actually having people go to doctors, to be tested and they are paying for it. Do not hesitate to call. If have been experiencing any health changes since the spill that you feel may be related, contact us today at 1-800-BP-CLAIM or fill out our form.
By Author: Brittany Rader
When will BP Stop Trying to delay the BP Settlement?
BP is at it again. After twice asking for a halt on all payments until the internal investigation within the BP settlement has concluded, Judge Barbier has ordered the BP Claims Administrator to respond to BP’s most recent request by August 26,2013.
If BP’s request is granted, payments to all claimants will be halted indefinitely. This is just what BP is hoping for.
Dirty Deeds Being done in the BP Settlement
We believe that certain Attorneys are trying to put an end to the settlement so they have the ability to litigate in court and charge 30-40% fees to claimants. In reality all the claimants want is a fair BP settlement and justice for their families and communities. Some attorneys on the other hand want as much of a cut they can get.
We also believe BP is trying to end the settlement, even though they are the ones that set it up with terms and guidelines to which they had previously agreed. BP has now seen that their initial projections of the actual dollar amount to be contributed to the BP settlement on their behalf were probably far too low. They are paying out more than they ever expected to, and they are not happy.
Are BP and certain attorneys working together to dissolve the settlement? We don’t know, but it does seem that they have a common interest; MONEY.
by: W.C. Bohack