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Category Archives: Oil Spill Claims

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.

The BP Settlement Awaits Approval and it has Issues

Awaiting on Judge Barbier`s Approval

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

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

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

A major issues with the BP Settlement

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

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

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

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

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

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

The Customer Mix Test

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

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

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

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

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

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

BP Claims Help

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

 

What Excluded Groups and Opt Outs need to Know

Excluded Claims and Opt Outs need to get Ready Now.

deepwater horizon settlement  Get your OPA Presentment Claims Ready, and or get your Claims into Attorneys/Processors that will prepare your Claims for both Litigation and OPA Presentment.

If you Opted Out of The BP Settlement or if your Industry/livelihood was excluded from the DeepWater Horizon Settlement there are certain dates you need to pay attention to.

The time is Now.

January 20th the information for your claim must be presented for OPA presentment.

This must be in 90 days before the door for OPA relief closes which is 3 years from the 4/20/10.

Who was Excluded from The DeepWater Horizon Settlement

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.

  • 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.

If you need Assistance getting to the proper Attorney/Processor to handle these types of cases please fill out the form to the Right, certain cases are best handled by Attorneys/Processors specializing in certain types of Excluded Claims and Opt Out Claims.

Assistance starts at 20%-25%, it is based on a contingency basis.

If you are an Attorney or Processor and you would like to connect with Attorneys who have a history handling these types of claims,  please contact Roman at 1-800-BP-CLAIM.

DeepWater Horizon Settlement Customer Mix Test

Many Business Claims that do not satisfy the standard V-Trend Test are being asked to pass the DeepWater Horizon Settlement Customer Mixed Test. This has proven about impossible for many of you, and it needs to be addressed sooner rather then later. It would really help if the credit card companies were more cooperative, or some work around was created for these people. This issue has just recently popped up for many processors and Attorneys, had they known of this earlier they may have suggested that their clients opted out.

If you are having issues with this we would like to hear from you.

 

 

 

DeepWater Horizon Settlement Claims

Either you are In or you are Out of the BP Settlement

  Many of you are now opted out or opted in to the Deepwater Horizon Settlement. In a few days, on the 8th, the Fairness Hearing should be over and the Judge will have to make some tough decisions.

As many of you know I am for the BP Settlement, I am for whatever get`s people paid. Are their issues, sure they are, are they working on straightening them out, yes they are.

People in our network have had extensive meetings with the Leadership, and they all, including me believe their hearts are in the right place. They want to pay your claims.

The DeepWater Horizon Settlement Process Today

So, what is happening in the claims process these days?  Well, there are some getting paid, and some are moving through different parts of the review process, some have been denied, some incomplete, some accepted the offer, and are still waiting to be paid, while others got paid very quickly. If you were denied or deemed incomplete don`t despair we can still help you.

There are people in the Network that specialize in.

  • New Claims
  • Incomplete Claims
  • DeepWater Horizon Settlement Appeals
  • Denied Claims
  • Business Claims
  • Individual Claims
  • Seafood Claims
  • Government Claims

I think when the DeepWater Horizon Settlement gets through the Fairness Hearing it will be a more streamlined process. There will be a lot of claims lost to Opt Outs, and to be frank many of those claims did not fit into the settlement. The settlement has certain parameters, either claims fit or they don`t fit.

I further believe that when the settlement has been ratified that it will allow certain entities to staff up more fully because then and only then they will KNOW that there is a Settlement…right now we are not even sure there will be a settlement though it looks awful good. This is just one more mechanism to pay people, OPA is another, and I would expect that we will see even more mechanisms as time goes by, besides just litigation.

The BP Claims Network

Sometimes it pays to have Many different entities filing Claims.

We are seeing some folks in our Network get claims paid faster then other firms and processors within the network, I am not sure why this is, but I can tell you for sure it is happening. All we want is to see is your BP Claims get Paid. Certain Attorneys/Processors are getting claims paid within 30-45 days after the initial offer, some a bit longer, and some are still waiting.  Two groups within the network were asked to get new Power of Attorney forms signed by clients, while some were not, some had to get a new 4506 Forms signed so the people at the fund can talk directly to the IRS, I believe this slowed down the process some, but they should see payments soon.

Approximately 8 Million Dollars in Claims have received Offers, and just over 2 Million Dollars has been received.

People on our Facebook are seeing their claims change statuses, but not a lot of money getting paid out, a certain Attorney however is showing great results along with a another processor, but they are the exceptions not the norm. Many are still waiting and probably will be till after the 8Th.

I keep hearing on the 8Th a lot of claims are going to be paid. We will see.

If you have a claim fill out the form to the right and we will see what we can do for you, God bless and Best of luck.

 

BP Settlement Opt Out and more Thoughts

BP Settlement Opt Out Date is Drawing Near

DeepWater Horizon SettlementNow let me state this at the outset, I am not an Attorney but we now have one who is independently working with us at BPClaims.org.  What I am about to say should in no way be construed as legal advice, it is my opinion, and my thoughts.

That said and to put it as simply as possible: if your claim does not fit into the framework of the Deep Water Horizon Settlement, you may want to seriously consider opting out.  But, if you can prove your losses, and have ALL the paperwork to support your claim you may want to stay within the framework DeepWater Horizon Settlement.

If you have a medical claim and are seriously sick, you may want to opt out of the Settlement.

If you have an economic claim and you have gaps in your paperwork or other issues, opting out should be very much on the table.

The Settlement fund wants to pay you, but only if you can provide all of the documentation that they require.  Their hands are tied, all they do is administer the DeepWater Horizon Settlement, which was created by BP and the Plaintiff Steering Committee and overseen by Judge Barbier.  The Settlement is not open for interpretation; it is what it is, and it is just beginning to pay people.

Many Attorneys want you to Opt Out, this is to protect your rights in most cases, though there have been reports that some are doing it for self gain, and higher fees down the road.

We have seen the DeepWater Horizon Settlement Fund make serious strides in processing claims, and they are beginning to pay those claims. I met with some of the leadership of the claims process myself recently and they have a high degree of integrity and take this very personally. Most of them are from different areas of Louisiana and have family and friends that were deeply injured by the BP Oil Spill. Their Legacies and Heritage are on the line.

Who is in the DeepWater Horizon Settlement

As I understand it, if you are in any of the Settlement Zones, you are automatically in the Class and if you don`t want to be in the Settlement you will need to Opt Out. These zones include the whole states of Louisiana, Alabama, Mississippi, parts of Texas ,and the coastal counties along the Gulf and the Keys of Florida.

How do you Opt Out of the DeepWater Horizon Settlement

Your Attorney can NOT do this for you.

It is really quite simple, you write a letter. Here is what you need to to do, it must be postmarked by November 1 st 2012.

Here is an example of an Opt Out letter.

I John Doe, 123 Main Street, Destin,  Florida. I wish to be excluded from the Economic Class or Medical Class Settlement.

Sincerely

Signature

John Doe

Write one letter for each one of your claims, if it is a business I would write both an individual letter and business letter and include your E.I.N. or your social security number. If you have a medical claim and an economic claim I would write a letter for each of my Claims.

Address the Letter to: For Economic Opt Out

Deepwater Horizon Court Supervised Settlement Program
Exclusions Department
P.O. Box 222
Hammond, LA 70404-0222

To validly exclude yourself from the Economic Class, you must submit a written request stating “I wish to be excluded from the Economic Class.” The request must include your printed name, address and phone number and must be postmarked no later than November 1, 2012. The written request must be signed by the Natural Person or Entity seeking to exclude himself, herself or itself from the Economic Class, even if they are represented by an attorney. Electronic signatures will not be accepted.

 

For The Medical Settlement
Deepwater Horizon Medical Benefits Settlement Opt Outs
935 Gravier Street, Suite 1400
New Orleans, LA 70112
To Opt Out of (exclude yourself from) the Medical Class, you must mail in a written request stating “I wish to exclude myself from the Medical Class.” Your written request must also include your full name, address, phone number, date of birth, and a copy of your driver’s license or other government-issued identification. You must sign your written request.

Whats Next if you Opt Out of the DeepWater Horizon Settlement

You will need to prepare a claim for O.P.A. presentment, this is also called the BP Claims Program and it is administered by BP. You do not need an Attorney to do this. You will need an Attorney if you don`t get what you want from BP, and decide to litigate. You have to go through the O.P.A. process before you can litigate. My issues with this are these:

  1. The BP Claims Program is run by BP, we`ll see how they do; the jury is still out.
  2. Attorneys and other Processors will put their best claims first into the process, individuals will be left behind again.
  3. The Settlement is fair if you can prove your losses.
  4. There are too many people capitalizing on peoples’ fear.
  5. I don`t think people should have to go through O.P.A. before the choose to litigate.

Individual Claims that have issues really need to think about Opting Out at this point, it is my opinion that they may be best served down the line when the Attorneys start putting them in Classes. I would also expect that many Attorneys will drop many Individual Claims as they will be pressed for time to put together these claims by the January 20th deadline.

So what is Happening Now with the BP Settlement

  • We have gotten clients through our network literally millions in the last few weeks
  • Restaurants have received 300k – 700k
  • Business Claims of all sorts have received from 20k-800k
  • A Property Owner with Oil on their Property was offered over 30 Million; that was one claim.

After the Settlement is ratified on November 8th at the fairness hearing the DeepWater Horizon Settlement will become more streamlined. There will be less claims in their que as many of the ones with issues will choose to opt out. There will be less of a need for an Attorney as you will either fit or not into the Settlement. There is little room for interpretation.

I see more of a role for Attorneys during O.P.A. presentment as certain Attorneys do have reputations for holding BP accountable, and they may decide to form some sort of class down the road, before litigation. It is difficult to predict exactly what tact they will take with BP. In the end, if they choose to litigate I do expect Claims to be broken down by Class and the different cases will be paid by Merit and extent of loss, but they will be settled in groups. I do not expect to see many cases to reach the Court House.

Recent News: BP pressures Judge to approve DeepWater Horizon Settlement Process

Recently it was reported that BP was trying to pressure Judge Barbier into approving the DeepWater Horizon Settlement. I think they are doing this because of the unexpectedly low turnout of BP Claims entering the Settlement process, and they think they are going to get off light. When BP actually pushes their own agenda, we should all pay special attention.

My opinion is that Judge Barbier is the wrong person to push, and at some point I would expect him to push back. There is no doubt that BP wants to put this behind them but if I were them I would tread lightly.

Solutions

When I first started working in this field, we created a site that was designed to get people aid that were victims of the Oil Spill, it was very successful and Catholic Charities stepped in and helped many of the people that we referred to them. Many of these people were exceptionally sick or were on the verge of loosing it all. Later I was told to follow the Claims process, we then created BPClaims.org. We would enroll Attorneys, Claims Adjusters, Accounting Groups, and other Web Designers to assist us in making BP pay. It was a big job and we knew we needed help. I am sad to say some were more interested in dollars then they were in helping people  and they cherry picked clients. They were cut from the Network.

For me it has always been about the people and their businesses, and it always will be.

We have the LARGEST NETWORK of BP Claims Professionals on the Planet.

We can Help you if you decide to Opt Out.

They ALL Specialize in different types of Claims. We now can process your claims in house for as little as 15%, If your claim is complex or a high dollar claim, we have the support of one of the Nations Largest Accounting Firms. They are currently processing more then 500 Million Dollars worth of Claims.

There are Attorneys within the network that specialize in Claims that were not covered in the Settlement such as Casino Workers, Insurance Companies, Moratorium Claims, and Developer Claims just to name a few. We are not talking about one firm here, we are talking about 10 different firms. Different Claims are handled best by Firms that specialize in different types of claims. Their fees range from 20%-25% at this time, but expect those fees to rise if they have to move towards litigation.

Recently we have brought in an Independent Attorney to help you; he has volunteered to assist people decide whether or not you need to Opt Out or stay in the DeepWater Horizon Settlement. You can reach him at 1-800-BP-CLAIM.

The next few days are critical, if you need assistance just call or fill out the form to the right. We will be working 18 hour days, we are here for you. We have been here from the beginning we will be here to the End.

 

 

Roman Rector Helps Oil Spill Victims

ATTORNEY  ROMAN RECTOR WORKS FOR VICTIMS OF THE GULF OIL SPILL

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


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

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

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

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

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

Sincerely,

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

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 Settlement Adapts

BP Settlement Procedures Shift Gears

bp settlement As I write this I am sitting in the lobby of my hotel in New Orleans. I have had back to back meetings for the last two days with some of the key figures in and around the BP Settlement.

The BP Settlement is maturing, they are finding out where the problem areas lie and are actively addressing the issues that have plagued it.

Without going into to much detail, the largest issues around processing have been getting the attention of the senior leadership. These issues are being dealt with.

Expect procedures to evolve from the Settlement Fund when needed, there have been some shortcomings here. Look for more staff to be getting hired internally by the fund, and by some of their vendors.

There are people working inside of the BP Settlement from 8 to Faint. They absolutely do care about the people affected by the BP Oil Spill, these are their neighbors, family and friends. There is no room for failure, and they take it very personally.

After speaking with some people around the settlement that knew the people that are at the epicenter of the Fund, these are some of the most respected people you will find in the State of Louisiana. They are not in this for the money, they are here to help administer this fund and get people paid, it is really that simple.

If your BP Claim fits the Settlement they want to see it paid, if it does`t and many don`t, they will need to opt out and look for a remedy through OPA or litigation.

BP Settlement Opt Out

For many as time start`s winding down you will be faced with staying in the BP Settlement or Opting Out by November 1. I don`t think it is fair for there to be an opt out date so close when, there has been such a limited number of claims paid. We need a sample set to go from, but that is looking less and less likely.

The folks at the Settlement have clearly identified the issues and are doing their best to fix them, the fact is they need more time, we all do.

Will they get it, I am beginning to doubt that. What I do believe though is if you can clearly define your losses you will get paid, if you can`t you may want to seriously consider opting out.

The Settlement is by no means one size fits all, as a matter of fact many claims that don`t fit squarely within the parameters of the BP Settlement need to opt out. We are all going to have a busy 10 days before us, if the date is not extended.

Overall Thoughts

I was very impressed at the dedication I found by the People who are running the Settlement.

These are their neighbors, this is their legacy, and they are destined to right the sinking ship they inherited.

The people I have met are a very proud and resilient group, they have a lot of heritage and legacy here, there is no way on God`s Green Earth they are going to let down their neighbors, friends, and family.

It just won`t happen, it may not work for everybody, but this is going to work for many, you can bet on it.

These folks don`t know failure,  I believe their bodies will give up on them before their will does, all I can say to that is welcome to the club…The 8 to Faint Club…We all have a lot of work to do.

Solutions

In the next few days I will be outlining different areas where people will need help, whether they are in the settlement or decide to opt out. We met with some fantastic attorneys and processors while here, and our Team got a little bigger.

 

 

 

BP Settlement Opt Out Date Extended..Definite Maybe

BP Settlement Opt Out Date may Change

bp settlement  Well it looks like the BP Settlement Opt Out date could quite possibly change once again, I have been hearing about this for the last week. Its beginning to sound more and more real. We are hearing January or even March, I do not believe this will effect the pace of BP Claims getting settled, I believe we will actually see an acceleration.

With some Attorneys beating the drum to opt out, and do it now or else face the consequences, the BP Settlement Fund with the Help of Judge Barbier could seriously be doing everyone a huge favor by extending the deadline once again, and they should.

Do Not Opt Out, not yet anyway

Now once again I am not a lawyer, this is by no means legal advice, but give the BP Settlement and the people running it a chance. This is not the GCCF, they are about as far apart from the Feinberg Regime as they can be.

If you want to consider Opting Out do it around Mid October if the date hasn`t changed. Those of you with serious medical claims, and others such as seafood processors may also want to consider it. There are some groups that just don`t belong in the BP Settlement unless a few things change, but that`s a topic for another blog.

The BP Settlement is Paying Out

There has been a dramatic shift since September 17th, We have seen offers and claims go into review at an accelerated pace  We have seen people that were originally naysayers become believers, just visit our Facebook page. I have taken a very deep and personal interest in it. The BP Settlement Bus has left the Building.

The Leadership of the BP Settlement has one goal in mind.

They want to Pay You, as long as your claim is valid

They are in the midst of being much more hands on, and putting everybody on notice that is not on board with the new regime. They also need cooperation, they need the PSC and BP to get on the same page and stay there, they need some flexibility so they can make decisions that will help them get the job done, and they need to stop dodging bullets from Prominent Attorneys and Officials, give Pat Juneau and David Duval a chance, and if you can help clear the road for them, do so.

Most of all they need their Processors specifically One in particular to step it up, there has been  a lot of information that has crossed my desk and others lately, and their methodology has raised a lot of eyebrows.

The process has unequivocally been stalled by them, and guess what everyone know`s that now, and I mean everyone. The depth of their inability and hiring practices have been disclosed, and there is more, oh so much more.

If companies involved in this continue to place profit before the people, there is going to be an uprising, and the BP Settlement Fund will be looking for another processor. Bet on it.

The BP Settlement needs Your Help

If you are reading this blog, and can in any way help things move a long do it. There are far too many people trying to throw monkey wrenches at this, instead of looking at this as an opportunity for self gain, look at this an opportunity to forward this part of the BP Settlement along.

There will be other aspects of this Settlement that need to be addressed, such as Quick Pays, figuring in 2011 numbers, possibly 2012 numbers, and so much more. Lets just get on the same page, put some effort behind what we now have to work with, and address these and other issues as we can.

The BP Settlement is not one size fits all, but if we all pitch in together we can probably help a heck of a lot more people, and isn`t that what this is really all about. The Deepwater Horizon Settlement is a heck of a way to get a whole lot of people paid, and get them paid now.

If you need Help With Your BP Settlement We Will Help You.

We will Help You with your BP Settlement and Beyond.

We get BP Settlement Claims Paid starting at 15%.

 

The BP Settlement and More

The V Trend Explained

bp settlement  Many people are being told to opt out, or stay in The BP Settlement much of this discussion hinges upon understanding the V Trend.

If you are a Zone A Business or Individual you do not need to worry about the V Trend, just show a loss in 2010. Documenting those losses, under the terms of the Settlement are key.

To qualify under the settlement,  many businesses  need only show that their gross revenues for three consecutive months or more between May and December 2010 diminished 8.5 % (15% in zone D) as compared to the same months in either 2009, the average of 2008-2009, or the average of 2007-2009, this forms the first leg of the “V”- Shaped test.  For the second leg of the “V”-Shaped Test, the business needs to have an increase in 2011 of 5% (10%  in zone D) for the same consecutive months in 2010. There is a similar test for Individuals.

There are exceptions to this rule that we can assist you with.  Importantly, outside of what the settlement methodology requires, a business is not required to draw a connection between the oil spill and their drop in revenues. Please understand the last part, you do not need to show the Oil Spill caused the loss. In many areas though the Oil Spill did deflate an economic recovery that was occurring in many areas along the Gulf Coast, and they should pay for it.

BP Settlement Zones

The Coastal areas from close to Houston to Key West are a conglomeration of A, B, and C zones, aside from the coastal areas, the whole states of Louisiana, Alabama, Mississippi and the counties of Florida touching the Gulf are all zone D. To view the maps go here. Each zone has different RTP`s or Multipliers associated with it that will enhance the final calculation of your loss.

To Opt out or Opt In (That is the Question)

In the end the the decision is yours, at this point however there are a lot of people trying to answer it for you. Most of them are Attorneys with very large case loads. They have been holding their case loads over the heads of the settlement like a sledge hammer, telling the leadership if they don`t get their way they are going to tell their whole client base to Opt Out, and if the Settlement Fund did not get the show on the road they had good reason, the fund needs give them at the very least a sample set of claims. However it is my opinion the show is finally on the Road if ever so slowly leaving the Gate, and it is not time to Opt Out just yet. In about 2 weeks that answer may change.

Granted the BP Settlement, took a little longer to get going then anticipated, the date had to be extended, certain processors for the BP Settlement (Deepwater Horizon Settlement) had  issues, but it has begun. If you Opt Out you can choose to litigate or have your claims filed with BP, under the BP Claims Program, for some this is a necessity. You need to do this by November 1, 2012, you do not need to be aligned with an Attorney to Opt Out.

Now mind you, if you Opt Out of the BP Settlement, the Judge capped what an Attorney can charge you at 25% of whatever your claim receives under the BP Settlement, if you Opt Out it is going to be whatever you agree to.

BP Business Claims

Business Claims that could demonstrate losses under the the V trend model and other settlement remedies such as the failed business model have done  well lately, and recently we have gotten quite a few offers in. The numbers that our Claims Professionals have come up with, and what has been offered by the settlement have been as little as 1% off. The offers we have seen from the Settlement have all been fair, and they have all been accepted by our clients.

Why some Claims have Languished

What we have seen so far is that Individual Claims and Seafood Compensation Claims have not done well under the Settlement, due mostly to staunch documentation issues and because many processors and Attorneys decided to place an emphasis on business claims. Some documentation issues have recently been relaxed, and more people were hired to process claims by The Settlement.

After 2 1/2 years of trying to get people paid through the GCCF, and then the Settlement, many coffers were low, and the groups in this litigation for the most part, but not all rushed to get Business Claims that worked under the terms of the BP Settlement in first. This left many Individuals who have waited patiently, still waiting to be processed and many are being urged to Opt Out, and pursue litigation.

Many of these people have elected to release their Attorneys and  Consultants recently and decided to go it alone or seek help elsewhere, and who can blame them. I strongly urge you to at the very least to see if your claim has been processed before doing so, and what is the calculation. If it has not been fully processed at least get an idea of when it will be, and if the Settlement is good for you.

Often the people helping with your claim are not at fault, the entire process has let you down. People are tired, and they have every right to be. There really needs to be a better solution for them. We really are all in this together and I urge everyone involved in this to stop putting profit before people and do the next right thing.

Now with all of that being said, for many Individual Claims and others it may be better to Opt Out and get with the right Attorneys and become a member of some class that may form down the road, or another remedy such as OPA presentment. We have reviewed and submitted a large number of Individual Claims in house recently, and I have to tell you their numbers and the lack of documentation that they can come up with does not bode well for them under the Settlement.

If you have all of your documentation and you can Clearly demonstrate your loss the above statement may not apply to you. However some of the Attorneys that have been at this for awhile are truly pros when it comes to this sort of litigation and I urge you to listen to them, they have a strategy, people need to judge their own claims based upon realistic expectations and proper documentation, in the end the choice is yours.

Now mind you I am not an Attorney and in no way is any of this legal advice, I am simply laying out the landscape as I see it, I am a large proponent of PPP, ( pause, pray and proceed), the answers will come.

BP Settlement Solutions

If you would like to understand more from an Attorneys point of view go to OilSpill-Attorneys.com, the Attorneys you will find here are a consortium of highly skilled Attorneys, who helped create this site and clearly expressed their views.

If you would like to use a Processor, and have a clear cut business loss you may want to use our highly skilled and trained Group of Claims Adjusters and CPA`s.

Mind you Processors can not give legal advice, and Attorneys can, that is something to consider at this point with the opt out dates coming up.

Neither gets paid until you do.

Again the decisions are yours.

We will help you with your BP Settlement and Beyond.

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Best of Luck to All.

If you Need Help call 1-800-BP-CLAIM

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