Tag Archives: bp business claim
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
Please Note: We are not the Deep Water Horizon Settlement
The number for them is 1-866-992-6174 for the economic settlement.
For the Medical Settlement the number is 1-877-545-5111
If You want to read about us, and our thoughts, please read below, we are not attorneys but do process claims through a network of processors, that are getting results.
If you are an Attorney/ Processor/Claimant we have a silver bullet, one of the members of our network has distinguished themselves above all others with practically Dead On Calculations that the claims analysts at The Deep Water Horizon Settlement seem to respect and agree with.
Please understand this group specializes in business claims only in excess of 100k usually.
They also handle appeals.
As many of you know we have been in search of a Silver Bullet for some time. Well we found it, there is no guess work anymore.
It is my opinion, it is owed to the claimants that they remain the top priority, not just a potential revenue stream for someone’s bottom line.
When BP stopped paying claims due to the Court ordered Stay, the lack of reliable and consistent revenue stream caused many processors and Attorneys to scale down their Deepwater Horizon claims operations and to terminate employees.
The real tragedy was that some of those entities had to close their businesses or to continue with inefficient operations.
The Court ordered Stay lasted for a period of 8 months – 8 months of little to no income for the claims processing entities and 8 months of continued economic distress for the claimants.
The Stay caused claimants extreme dissatisfaction and anger and proved to be devastating to many Business Economic Loss claimants. It also caused many groups processing claims to go out of Business
Our own operation took a serious hit when BP stopped paying claims, but we never gave up and due to the nature of how we structured our network, we were blessed that one member started seeing our largest claims get settled first.
The first claim was over 4.5 million dollars.
This particular processor has had over 40 claims paid to our clients since they began paying again, and their calculations have been almost dead on. This particular processor has a system in place that works. Not only do they have CPA’s and analysts who thoroughly understand the claim calculations and methodology established by the Deepwater Horizon Settlement and the appeals that followed, they go one step further and direct each and every claimant to obtain an attorney to represent them with any and all legal issues/questions and appeals.
I recently met one of the attorneys who works with this processor’s claimants, and can state that she has extensive experience in every phase of the BP litigation and she has the talent to represent and assist claimants at every phase (from claim registration to post appeal issues) of the claims process.
You can move your claim
This is not meant to solicit claims away from other Attorneys or Processors, but people need to know they are not stuck with organizations that have a high level of ineptitude and a small to nonexistent success rate. The form is called an AR1 form, it`s one form and can be found here. AR1 Form
If you have a claim that you have tried to do yourself, but want to put it in experienced hands, the processor described above is actually the BEST in our Network at complex business claims.
If your claim is already in the system and it is reasonably put together you may be charged as little as 10 Percent of the value of the claim.
If you are an Attorney or a Processor and would like to move over your portfolio or part of your portfolio of claims they will negotiate a fair number for the work involved. They can also assist you with the processing.
If you are an Attorney/Processor/CPA Firm and need help. they can help you.
It`s time to get People Paid and there is no room for mistakes.
As I write this we have seen some of our largest claims processed and paid in the last month. Most of these claims are over a million dollars, others in the high 6 digit range. We have also seen the devastating affect that rule 495 can have on claims, and how some rulings can be successfully appealed while others can not.
BP has just settled with the states, local and Federal government.
Claims that are currently in the Deep Water Horizon Settlement system, will have one FINAL opportunity to be paid.
There is no room for error, but as we have begun taking over claims from other Processors/Attorneys/Claimants who started doing this years ago, it is easy to see why so many of you have not been paid.
The financials that many uploaded are atrocious. Many just downloaded reams of financials thinking that would be sufficient or that they would get claims paid by just overwhelming the Deep Water Horizon Settlement with voluminous amounts of paperwork, thinking that they would let them sift through the documents so they could do the calculations.
Others just kept supplying the same paperwork and expected different answers when tasked with an incomplete notices.
PLEASE UNDERSTAND THIS THERE IS NO ROOM FOR MISTAKES.
And far too many of you were making huge mistakes when you put these claims together, many in the beginning just did not understand what the settlement asked for. These claims are typically 2 years or older.
This is not the time to throw stuff against the wall and see what sticks, nor was it ever, but it is what too many did in the beginning.
If your claim has NOT seen notices or questions coming from the Deep Water Horizon Settlement and you have not heard from your Attorney or Processor, you need to take matters into your own hands and check your status yourself. Go to CHECK MY STATUS you will need your claimant id number and the last 4 of your social security number.
We look forward to working with You, your Attorneys or Processors, and getting you what you deserve from BP.
We have a program in place that allows us to assist others in this business to get their clients claims paid, it`s fair, it`s flexible, and it helps you get your clients paid.
For us this was always about putting the victims first and creating a network of professionals to assist you.
We are proud to say that a certain member of our Network has distinguished themselves in our opinion as the BEST in The BP Business Claims Business, and the good news is they want to work for you and with you, and still can, but only if you let them.
We are also proud to announce that Dick Angelotti the former President of Bank of Boston, and Northern Trust, will be also picking up the phone personally to help you with complex business matters.
Call Us at 1-800-BP-CLAIM or 1-800-272-5246
The BP Claims Settlement is Back On and time is running out..
Emails and letters are being sent by the leadership of the Settlement in mass.
However, the deadline to file of June 8 is fast approaching and requires immediate action.
We have found that many claimants have fallen through the cracks when indeed they had a justifiable business claim.
This was either due to mishandling by certain claims professionals or the confusion created by the complicated, and to some, misleading filing process.
If you wish to get professional help to revive and old claim, or move your claim from one processor to another or yourself, all you need to use is an AR1 form. here is a link to one.
If an Attorney/Processor has done their job, expect them to lien the file.
Judge Barbier has not taken kindly to Attorneys/Processors liening files that he found to have little or know time in.
The claimants still have RIGHTS, and need to know what they can do to keep their claims alive.
The mishandling of claims from certain vendors inside the settlement can not be ignored.
In my opinion hiring people unskilled in this process was a huge detriment to the whole settlement, and it is my belief, it intentionally was meant to thwart the whole process, and Pat Juneau and his staff became targets for trying to fix it, and thank God they did to a large degree by bringing in some very good processors and reworking the mess that was handed to them.
To check your claims status go to
https://www2.deepwaterhorizoneconomicsettlement.com/un-secure/Claimantstatus.aspx and have your claim number and the last 4 digits of your social security or ein number for your business available.
How BP Claims got lost in the shuffle
When the claims process was switched from GCCF to Deep Water Horizon, many claimants never fully transferred to the new process. Their information did, but needed forms, that to many looked like junk mail, were thrown in the trash.
Those claims can be brought back to life, your documents are still there.
The amount of people that had filed through the GCCF before transitioning over to the New DeepWater Horizon Settlement was around 1 Million.
The amount of claims ever filed with DeepWater far, far less.
The claim process was then halted during the Deepwater Horizon Settlement by Delay tactics by BP.
New rules like 495 and smoothing and matching tests were added.
What happened in many experts opinions is that 25% or so of what were thought to be solid claims will be ineligible, and will be documented to death.
What also happened was that the connection between the oil spill no longer applied for most Business Economic Loss Claims.
If your Business Claim meets the V Trend model for your zone you could get paid.
You just have to show a loss in 2010 for 90 or more consecutive days versus the same period in 2009, and an upswing for the same 90 or plus days in 2011. These ups and downs that make the V-Trend are different for every zone, and there are exceptions.
If you can also demonstrate you had even better numbers in 2007 and 2008 during those same 90 plus days you can also bring those years into the equation.
The critical dates in determining a loss are from 4/20/10 ( the day of the spill) to 11/31/10. for more on the V Trend go here.
You will need monthly p and l`s and tax records for the years and the time periods you use to substantiate your claim.
At this point in time keeping good records is a must to qualify for the settlement. Many of those records are still sitting in the DeepWater Database and just need to be revived.
If your records are just sitting in limbo we can Help.
There is still time to reactivate these suspended files , we can help.
It has been our experience that so many of these business claims with denied statuses, are still viable. Let us hear from you today if you would like our help.
Don’t leave money on the table for BP that is yours!
Claims are getting paid Now.
Recently our firm assisted in getting a 4 million dollar plus claim paid, we have also helped some smaller businesses see 20k-500k in paid BP Claims very recently.
We process claims, and we have the largest claims processing network in the country.
So if you need help call 1-800-BP-CLAIM or 1-800-272-5246
This post was sponsored by the best small, private school in Sarasota
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.
BP Business Claims Payments
Ever since BP put a hold on paying claims to businesses, gulf coast businesses that were affected by the 2010 Deepwater Horizon oil spill have been patiently waiting for the British Oil Giant to pay up and honor the terms of the Deepwater Economic Settlement Agreement.
Now, after months (years in some cases) of claimants providing documentation to prove their claim is legitimate, the rules have suddenly changed.
It’s just another chapter in the ongoing tug-of-war over who should be paid under the multibillion-dollar settlement for victims of the BP oil spill.
First, BP appealed the issue of causation; stating that businesses should have to prove that their losses were directly caused by the spill.
This became an issue after some “questionable claims” were submitted and unfortunately paid under the current Settlement Agreement which assumes causation based on where a business is located, the industry, and the pattern of revenue.
Admittedly, there were some claims were paid that had nothing to do with the oil spill. Sadly, the legitimate claimants on the gulf coast are suffering for the dishonesty of firms and claimants who submitted bogus claims.
The Greedy Game of BP Claims
It didn’t help that some firms were actually encouraging people to file regardless of how they lost money after the spill; they ruined what could have been a fairly simple process and helped to bring the causation issue under scrutiny.
Susan Gregory Elder Law Attorney of Venice
Susan Gregory of Venice has been difficult for many of her claimants to get in touch with. Many felt as they were just left hanging.
If you were affected by her please email Sarah@BPClaims.org.
The original content of the Settlement won out in the end, in early March Judge Leslie H. Southwick ruled that BP was bound by the agreement it had signed and ordered them to pay up NOW. Southwick, who was one of the judges on the smaller panel of the 5th Circuit, ruled 2-1 against BP.
In turn, BP requested an “en banc” review to settle the issue. BP now wants the full 5th Circuit Court of Appeals to hear its argument that businesses seeking compensation for oil spill losses should have to prove those losses came from the effects of the spill, and not from some other factor not be allowed under a class settlement.
Just when we thought the issue of causation was nearly put to rest, another issue has come to pass. Proposed Policy 495: Business Economic Loss Claims: Matching of Revenue and Expenses is now official.
Originally, Judge Barbier ruled against BP’s request for this so-called “matching” of expenses to revenues, but he was asked to revisit the issue. On May 6th 2014 the proposed policy became final, leaving gulf coast claimants asking, “what does this mean for my claim”?
First, it means that all claims that have not been paid yet will be “tested” according to Policy 495. Claims that have widely varying revenues and expenses will be affected the most. BP of course agrees with 495 completely, but the plaintiff steering committee feels differently. They argue that 495 changes the method of calculation, and by doing so it changes causation.
BP Claims new tests
When the “matching and smoothing” process is performed on a claim, the revenue changes. When the revenue changes, you have to re-run causation, and that could potentially throw some claimants out of the Settlement.
This policy adds 88 pages to the already voluminous Settlement agreement, and class counsel of the plaintiff argues that this proposal makes the settlement “unrecognizable”.
On the other hand, the passing of Policy 495 means that we could be on the road to resuming payments. Even if the Plaintiff steering committee disagrees with parts of 495, it does resolve the issue of losses potentially being overstated.
While It is possible that payments may be delayed slightly if 495 is appealed, it does appear that Judge Barbier will do whatever is necessary to “get the show on the road” with regard to claimants getting paid.
It seems a compromise has been met; BP may have lost the causation argument, for now, put they did get Policy 495 pushed through. Now we are just waiting on the Fifth Circuit to issue a mandate directing Barbier to lift the injunction.
Unfortunately, even after the changes are implemented claims administrator Juneau may still not be able to resume payments. They may remain on hold while BP pursues a separate appeal at the 5th Circuit – this one involving whether business claimants must prove that their losses actually stemmed from the spill.
It is uncertain at this time how Policy 495 will affect the value of claims but we do feel that the acceptance of this policy will avoid future appellate delays. All we can hope for now is that the Fifth Circuit will come together and issue the mandate to resume payments.
From all that we have seen, we are cautiously optimistic, with the acceptance of 495 we could potentially see payments resume in as soon as 4-6 weeks.
By: Kathy Schulz
BP CLAIMS PAYMENT AS GULF COAST CLAIMANTS WAIT FOR RELIEF, BP EXECUTIVES GET A PAY RAISE.
As Gulf Coast claimants wait to recover BP Claims Payment from the oil spill of 2010, the largest environmental disaster in history, the oil giant adds insult to injury by dramatically increasing the salaries of executives instead of paying the victims of the spill. While many Gulf Coast claimants are still reeling from the effects of the spill, BP continues to be one of the most profitable companies in the world. BP was so profitable in fact that BP CEO Robert Dudley received a pay raise worth triple from his total pay in 2012. Counting salary, bonus, and stock options, Dudley’s compensation was $8.7 million. With his pension included, Dudley cleared $13.2 million. This is a little unsettling, to say the least, for local Gulf Coast companies who are STILL waiting for their BP Claims Payment and still trying to recover from the loss of business, homes, and jobs. BP appealed the settlement for the BP Claims Payment in late 2013, stating that losses were being claimed by companies whose losses did not originate from the spill. Many suspect this is yet another stall tactic to avoid paying claimants, even though BP claims that they are “committed to paying all legitimate claims of real people who suffered real financial losses from the spill.” In December 2013, a judge said BP can’t change the interpretation of its settlement just because it is paying more for losses than it expected. That judge’s ruling was upheld in early March 2014. “The settlement agreement does not require a claimant to submit evidence that the claim arose as a result of the oil spill,” Circuit Judge Leslie Southwick wrote. Because of this, BP will have to stick to its original agreement
Even more unsettling is the amount of money BP is spending on PR, and the way they are trying to “shame and blame” the claimants. “BP remains committed one of the ads reads. “But we will take whatever legal steps necessary to ensure that fraud is not rewarded and claims money goes to claimants who actually deserve it.” So far, the above statement can be translated as “pay no one in order to avoid claimants committing fraud or getting money they don’t deserve.” Sadly, many Gulf Coast residents and business owners would agree with that statement.
As they consider whether or not to appeal again BP Claims Payment, the effects of the 2010 disaster still linger in the Gulf. As of March 3, tar balls are still being collected from Florida beaches nearly four years after the spill. And recent research has found that chemicals in crude oil can be harmful to hearts of developing fish, meaning that any organism that swam near the Deepwater Horizon rig was exposed to cardiac risks. We at BPClaims.org are committed to helping claimants navigate the economic and medical claims process, and most importantly making sure that claimants get the money they are entitled to. After the latest ruling on BP Claims Payment, we are hopeful that some claims will get paid, and we thank the 5th Circuit Court and Judges like Leslie Southwick for forcing BP to “make it right” for the Gulf Coast claimants.
BP Payments Ordered to Resume?
The claimants of the Deepwater Horizon Economic Settlement celebrated a small victory earlier this month when it was decided in a 2:1 vote by the 5th Circuit Court of Appeals that BP will have to resume payments to victims of the oil spill. Unfortunately, even though Judge Leslie Southwick ordered that BP will have to pay up under the terms of its agreement, many business owners are still waiting to get paid.
Back in December 2013, the 5th Circuit made a ruling that required Judge Barbier to halt payments temporarily in cases where causation was not proven until that particular rule was changed under a stay. That stay, the judges noted, should be “tailored so that those who experienced actual injury traceable to loss from the Deepwater Horizon accident continue to receive recovery, but those who did not do not receive their BP Claims Payment until this case is fully heard and decided through the judicial process, including by any other panel of this court that resolves these issues.” I think it is safe to say that the “stay” didn’t go as planned. I say that because none of the businesses have been able to recover anything since the halt in payments. It seems that BP’s solution to the problem of determining causation is this: Don’t pay anyone! Not one business claim has been paid since the 2013 payment halt. Even companies who received an eligibility notice in late September 2013 are still waiting to receive their money. BP even accepted releases on these claimants, but never issued a BP Claims Payment.
The problems surrounding the causation issue arose late 2013 after allegations were made that some BP Claims Payment were being issued to claimants who did not suffer an economic loss as a result of the oil spill. Admittedly there may be some truth to those allegations; it is not always possible to distinguish if a loss came from the oil spill or just a bad economy. In order to combat that problem, the settlement originally addressed the issue of causation by setting up requirements for a BP Claims Payment. Causation is assumed based on where you live in the economic loss zones, what industry you are in, and the pattern of the company revenue post oil spill. According to the 1,200-page agreement, if a business near the Gulf Coast can show its revenue dropped in 2010 then rebounded in 2011, it qualifies for compensation. The companies are not required to prove a direct link to the spill. According to U.S. Circuit Judge Leslie Southwick in the latest BP ruling in March 2014, proving causation is not the job of the claimant nor is it to be considered a gatekeeping function of the claims administrator. The settlement states specifically that claimants are not required to submit evidence that the claim arose as a result of the oil spill, and even though BP appealed this issue, the 5th Circuit is holding BP’s feet to the fire. BP is going to be forced to uphold the settlement that they helped to create.
Since the halt in every BP Claims Payment, BP has launched a PR campaign designed to show that they have “made it right” in the Gulf so to speak and also to point fingers at Gulf Coast residents, alleging that many of the claims made as a result of losses incurred during the oil spill are fraudulent. BP even took out full-page ads in several national newspapers to prove this point, but that doesn’t help the thousands of claimants who are still waiting for payment, it only serves to frustrate and anger everyone.
The appeal and halt in every BP Claims Payment may have had some unexpected result for BP. In trying to avoid the payments using the “proof of causation” argument, BP may have actually hurt themselves in the doing. In trying to limit the cost of the settlement reached in late 2012, they may have actually increased them when they decided to fight the issue of causation. Back in 2012, BP estimated that the deal would cost the company $7.8 billion. Now, the price tag could reach $9.2 billion or higher. People and businesses making claims still have to attest that their financial losses were caused by the spill, but they do not have to submit actual “proof”. Judge Southwick writes “There is nothing fundamentally unreasonable about what BP accepted but now wishes it had not.”
Now that the issue of causation has been answered once and for all, this opens the door for all claimants claiming a “trickle down” effect loss, which in reality and according to the settlement, is a valid BP Claims Payment claim. I expect to see more claimants now, but I do wonder if they are going to run into problems when they seek help through an attorney or a claims office. BPClaims.org is still accepting clients; we were there in the beginning, and we plan on staying until the end. Unfortunately, many other firms have been forced to stop taking BP Claims because most of them are paid on a contingency basis. The halt in payments have made it impossible for these firms to continue to pay office expenses and salaries associated with processing claims. The December 2013 halt in payments hurt the claimants, is going to cost BP more in the long run, and helped BP succeeded in this: the dramatic reduction of firms that were in business to assist the claimants. That may not have been the intention, but it was one of the end results.
Meanwhile, the deadline for business BP Claims Payment is fast approaching. It was originally set for April 22, two days after the fourth anniversary of the Deepwater Horizon explosion. It now has been extended to late summer. We at BPClaims.org are still accepting claims, and we are still fighting for our clients. Now that the order to resume payments has passed, we are cautiously optimistic and expect payments to resume for businesses by April 2014 on every BP Claims Payment.
Contact BPCLAIMS.INFO by calling 1-800-272-5246 or 1-800-BPCLAIMS
This post has been sponsored by Sarasota car accident lawyer.
“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
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Invesco Comstock Fd 4,826,424
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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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BP Claims making the News
I have been writing for about a month now about BP Claims and the ensuing battle for transparency with the GCCF and Ken Feinberg. BP Claims Lawyers have asked Judge Barbier to appoint a Special Master to the 20 Billion Dollars Oil Spill Claims Fund. Attorney Generals from the Gulf States have asked Judge Barbier to look at complaints that the GCCF is intentionally Delaying, and Denying BP Claims in order to pressure oil spill victims into taking BP Quick Pays. Attorneys for the Plaintiff`s also charge that the GCCF is not in compliance with the Oil Pollution Act, and that all the Quick Pays deserve a second shot at the BP Claims Fund.
Today GCCF Lawyers Defend their Handling of BP Claims
The Attorney for Ken Feinberg, David Pitofsky said in court filings that the BP Claims Funds accomplishments show that there is no need for court oversight. He went on to say that they are overseen by several committees in Congress and the Coast Guard. When asked about the BP Claims Quick Pays he said that “It can be a perfectly rational decision to accept an assured short-term payment over a possibly larger, but postponed long-term payment. He also said that “claimants are drawn by the immediate cash for their BP Claims.”
GCCF Tactics regarding BP Claims
The GCCF is utilizing a Delay, Deny, Defend tactic when it comes to paying your BP Claims. The GCCF is ever changing what they are asking people for regarding documentation, and the BP Claims process is ever shifting and becoming more forensic. People are receiving unsolicited offers from the GCCF mostly in the form of Quick Pays. Many of the Quick Pays that are being offered by the GCCF are far lower then what BP actually owes people and business`s affected by the BP Oil Spill.
What to do about Your BP Claims
Quite simply put them in the hands of a BP Claims Expert, whether you use one of our BP Claims Team members, or find your own. BP Claims Team members are getting oil spill claims paid. We have been working with many of them since the beginning of the spill, and they are doing a fine job getting people paid. We have added some new members that are filling niche`s as new developments in the BP Claims process need to be addressed. BP Claims Team members can look into your claim while it is at the GCCF, and figure out why it is being delayed, cure any deficiencies, and explain your claim to GCCF staff in order to substantiate your claims. BP Claims members can help if your claim was denied, and of course they can help you if you are filing a BP Claim for the first time. All Team members work on a contingency basis, and their fees start at 15%.
Best of Luck with your BP Claims.
BP Claims Quick Pay touted by the GCCF as a Gift
According to our BP Claims Experts more then 50% of the BP Claims Quick Pays calculate out to be substantially higher then the 25k settlement offer. It doesn`t matter if your losses are 50k or 500k and supported by BP Claims documentation. I can`t tell you how many people I have spoken to that regret taking the BP Claims Quick Pays. The GCCF is surging ahead these days making BP Claims Quick Pay offers to business`s owners in mass. Often they will tell you, you don`t have all your paperwork together, or your oil spill claim is deficient in some way. Often the GCCF will deny your BP Claims only to circle back to you, and offer you the Quick Pay, making it seem like a gift. Let me assure you, the GCCF BP Claims Quick Pay is not a gift.
BP Claims Audit is on it`s way
The GCCF is not handling the BP Claims process fairly and people know it. The Attorney General from Mississippi (Jim Hood) and the Attorney General (Eric Holder) for the United States is taking them to court to audit the BP Claims process. Mr. Hood tried to get the information from the GCCF but they kept stalling him, sound familiar. In a last resort two of the top Attorneys charged with protecting the Rights of the People are gearing up to do battle for the People. If BP and the GCCF were handling the BP Claims process correctly, this would not be necessary.
BP Claims Quick Pays may get a second chance
A group of Attorneys have filed papers with Judge Barbier in New Orleans asking that the Judge review the Quick Pay system, because they charge that they are illegal under OPA. They further charged that BP Claims Quick Pays were offered to people that were under duress, and forced to take the BP Claims Quick Pays. If the Judge rules in favor of the Attorneys it could mean that people and business owners that accepted the Quick Pays could get a second chance to get what they deserve from the BP Claims Process.
What to do about your BP Claims and Quick Pays
First don`t let them pressure you into accepting the BP Claims Quick Pay, understand that this is part of their strategy to buy you out of suing BP for future damages. You need to get a second opinion on your BP Claims settlement offer from the GCCF, whether it is a Quick Pay or a Final Settlement. We have teamed up with several groups that will review your Claims Settlements at no charge, and if you have been offered a Quick Pay of 25k, they will only charge you for any any recovery above the 25k. There really are people out there that will help you with your BP Claims. Fees start at 15%, fill out the form to the right and start getting help with your BP Claims. Our Experts can also look at your oil spill claims while they are still a the GCCF, if they are Under Review or have been Denied, there is help for your BP Claims.
Hood Sues Feinberg to gain access to BP Claims
Jim Hood the Mississippi Attorney General resorted to the lawsuit because his efforts to gain access to the documents on Mississippi BP Claims have failed. U.S. Attorney General Eric Holder announced the audit a day earlier in a letter to Feinberg. These are two of the top Attorneys in the country demanding to audit the BP Claims process, why, because they feel it is unfair, and it is taking to long to get the people their BP Claims money.
BP wants you to file your BP Claims without an Attorney
If the U.S. Attorney General has had to get involved in the BP Claims Process, you can bet it is downhill for the GCCF. The company who does not want you to use a lawyer is now getting it with both barrels from two of the top Attorneys in the Country. The GCCF and Mr.Feinberg had an opportunity to hand over all the documents that Mr.Hood had asked for, instead they delayed, giving him some documents, but not the ones he really wanted. Does this sound familiar? It is going to be interesting when they audit these BP Claims. If the leading Attorneys in the country are gearing up for a full investigation of the BP Claims process, and BP doesn`t want you to use an Attorney when filing your BP Claims, you should certainly see some red flags in the BP Claims Process.
Let me Remind You this is what BP`s ad on Google Reads:
Visit Official BP ClaimsSite Today
BP Claims Solutions a few Thoughts
If BP suggests you go left, think about going right, find a trusted BP Claims professional who can truly make this right for you, and has a track record holding BP accountable. Do your homework, if you feel you can handle your BP Claims yourself, build a personal relationship with someone who works at a BP Claims office, I have seen this pay dividends for a few people. Do not take their final settlement offer, there are just to many unknowns at this time, if you really need the money then o.k., but there maybe consequences down the road.
If your BP Claims were denied, or are still awaiting documents we can still help you,we have Claims Adjusters and Attorneys that are at the top of their respective fields. We are here to help you maximize your BP Claims.