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Tag Archives: bp claim

BP Settlement exceeds BP`s Estimate

The 7.8 Billion won`t cover the BP Settlement

bp settlement  7.8 Billion Dollars will not be enough to cover the BP Settlement.  We had told you this before, when they first announced this number, the 7.8 Billion was pie in the sky. The real number will exceed 20 Billion Dollars, that is our projection.  Remember the BP Settlement is uncapped except for those with seafood compensation claims, and that still doesn`t make any sense. You would think that the fishermen on the front lines of this whole disaster would be the ones uncapped.

Fox news reported today that BP will not even release new projections, and that is probably a good idea. Over the last several weeks BP has tried to restrict certain types of claims and tighten up qualifications for existing claims, but the Leadership has fought back, and won the first round. BP does not want to live up to the deal they originally cut, what a shocker. Evidently they may appeal to the 5th circuit.

One Check List for BP Settlement Incomplete’s

So what is BP doing to thwart the BP Claims process, they are called incomplete notices, appeals, and whatever else they can think of. Instead of giving us one checklist to tell us where a claim is deficient, we are receiving an incomplete notice each time a claim needs to be amended. So understand this, and this is very important, each time a claim is given an incomplete notice, it has to go back in the que, when it goes through processing for the second time, it may very well be given an incomplete notice again, traditionally we are seeing that take 2-6 weeks, then the claim gets hit with another incomplete notice and then again another 2-6 weeks. This area of the BP Claims process is clearly broken.

We need ONE CHECKLIST, to cure all the deficiencies, we have been calling for this for months.

At the same time we are seeing BP Settlement Claims get paid, but they are the smaller ones. They seem to be working their way up the ladder, saving the big ones for last. Many of the people in this business I speak to on a daily basis, think this is exactly what they are doing, and so do I. BP Claims should be paid on a first in, and a first out basis, size shouldn`t matter, all though we all know size does.

DeepWater Horizon Settlement to liberal: Really

BP has taken the stance that the Deepwater Horizon Settlement Leadership was too liberal, with some of the initial payouts, and tried to tighten things down over the last several months. The Judge and Patrick Juneau have stemmed this recent BP assault, we will see if  payouts come on a more consistent basis, specifically the larger claims. Time will tell.

The fact remains we are seeing some firms and processors get paid on a more consistent basis then other firms and processors. Many groups have stopped taking on BP Settlement Claims out of frustration with the process. Not us, we are in this for the long haul, we have have been here from the beginning, and we will be here to the end, whenever that is.

Oil Spill Claims Assistance

Our staff is passionate about getting your BP Settlement Claims paid, they are committed to seeing you get what you deserve from the BP Settlement. We have a number of Groups within the network that share that passion, each with a different area of expertise, so whether your a large business claim with multiple locations, or your a mom and pop from the bayou, we will help you with your BP Settlement. There are groups still taking on OPA claims, willing to make the argument, that OPA dates truly started when you found you were injured by the Oil Spill, no guarantees here, but the argument seems to have merit.

In the end, BP signed the Settlement, they should be bound by the Settlement, and pay for the damage they incurred. Nothing else will do, and we will continue to hold their feet to the fire until that happens.

 

Deepwater Horizon Settlement Stays Released

The BP Settlement lifts Stays

deepwater horizon settlement  Most people don`t know that certain groups of claims were on hold, Contractors, Farmers, Marketing Firms, Aquaculture Farming, Attorneys, CPA`s, Doctors, and quite a few more industries were just stalled. It was by design, BP and the Fund, were stalling these claims, as they sorted things out, and today Judge Barbier put a stop to it. The Deepwater Horizon Settlement led by Patrick Juneau with the help of Judge Barbier went to bat for the people. The people won.

This process has not been easy for many, about 2 days ago we were given a list of these stayed claims, it was something we thought was happening, but we had not seen it in black and white, this was an official list, it should have been made  available to the general public. We are publishing it here..The Stay List is at the end of this post.

This is what we are seeing from the Fund, they are paying claims. We have long advocated for the settlement, and they needed time to get all of the wheels on the bus, the wheels are on the bus. We are seeing a rhythm to the  claims process, claims are getting paid on a regular basis.

I wish I could say this is happening for everyone, but I can`t. I do believe that certain firms with credibility with the Fund are getting preferential treatment because they know that the Claims being presented are credible and have their documentation all together.

As a fact some firms are getting claims paid regularly, some are not, I think is based on the performance of those firms, and how they prepare BP Settlement Claims. The fact is some know what they are doing, and some just don`t have a clue, and that is recognized by the Fund. Now this is conjecture I am not a lawyer, but I know most of the players in this, and it`s just the way it is as I see it.

OPA Claims may still have Time to File

There is a possible exception on the OPA deadlines, which could give certain businesses some extra time to submit a claim – OPA states “3 years from the time people we aware of damages” with the oil spill occurring in 2010, time is of the essence.  Basically if you did not realize you were impacted by the Oil Spill till a year after the Oil Spill, the argument is you still have time to file under OPA, and some Attorneys are ready to make that argument.
To do this, they need to know when, why and how they realized you were financially impacted  (mainly focused on justification of “when”)
They need monthly P&L statements for the years of 2009, 2010, and 2011.
If you want to contact them please fill out the form to the right.
We will forward your information to them.
There is no guarantee here, but the argument make sense.

BPClaims.org and the BP Settlement

We at BPClaims.org have our own processing arm called BP Claims Advisors, we handle Businesses, Individuals, and  all BP Settlement Claims covered by the BP Settlement that have legitimate BP Settlement Claims. We have been at this for a long time, we have an established network, all meant to get you paid. Most are handled in house, some are moved over because they just fit better with a different Firm`s expertise, the idea has, and will always be, to best serve the people that were affected by the BP Oil Spill.

The BP Settlement Claims that were in the Stay

NAICS CODES SUBJECT TO COURT-ORDERED STAY (As of 2/10/13)

 

Sector 11 – Agriculture, Forestry, Fishing and Hunting

Subsector 111 – Crop Production

Category 1111 – Oilseed and Grain Farming

 

Soybean Farming

Oilseed (except Soybean) Farming

Dry Pea and Bean Farming

Wheat Farming

Corn Farming

Rice Farming

Oilseed and Grain Combination Farming

All Other Grain Farming

Category 1112 – Vegetable and Melon Farming

Potato Farming

Other Vegetable (except Potato) and Melon Farming

Category 1113 – Fruit and Tree Nut Farming

Orange Groves

Citrus (except Orange) Groves

Apple Orchards

Grape Vineyards

Strawberry Farming

Berry (except Strawberry) Farming

Tree Nut Farming

Fruit and Tree Nut Combination Farming

Other Noncitrus Fruit Farming

 

Category 1114 – Greenhouse, Nursery, and Floriculture Production

Mushroom Production

Other Food Crops Grown Under Cover

Nursery and Tree Production

Floriculture Production

Category 1119 – Other Crop Farming

Tobacco Farming

Cotton Farming

Sugarcane Farming

Hay Farming

Sugar Beet Farming

Peanut Farming

All Other Miscellaneous Crop Farming

Subsector 112 – Animal Production

Category 1121 – Cattle Ranching and Farming

Beef Cattle Ranching and Farming

Cattle Feedlots

Dairy Cattle and Milk Production

Dual-Purpose Cattle Ranching and Farming

Category 1122 – Hog and Pig Farming

35. 112210 Hog and Pig Farming

Category 1123 – Poultry and Egg Production

Chicken Egg Production

Broilers and Other Meat Type Chicken Production

Turkey Production

Poultry Hatcheries

Other Poultry Production

Category 1124 – Sheep and Goat Farming

112410 Sheep Farming

112420 Goat Farming

Category 1125 – Aquaculture

 

Finfish Farming and Fish Hatcheries

Shellfish Farming

Other Aquaculture

Category 1129 – Other Animal Production

Apiculture

Horses and Other Equine Production

Fur-Bearing Animal and Rabbit Production

All Other Animal Production

Subsector 113 – Forestry and Logging

Category 1131 – Timber Tract Operations

113110 Timber Tract Operations

Category 1132 – Forest Nurseries and Gathering of Forest Products

113210 Forest Nurseries and Gathering of Forest Products

Category 1133 – Logging

113310 Logging

Subsector 115 – Support Activities for Agriculture and Forestry

Category 1151 – Support Activities for Crop Production

Cotton Ginning

Soil Preparation, Planting, and Cultivating

Crop Harvesting, Primarily by Machine

Postharvest Crop Activities (except Cotton Ginning)

Farm Labor Contractors and Crew Leaders

Farm Management Services

Category 1152 – Support Activities for Animal Production

115210 Support Activities for Animal Production

Category 1153 – Support Activities for Forestry

115310 Support Activities for Forestry

Sector 23 – Construction

Subsector 236 – Construction of Buildings

Category 2361 – Residential Building Construction

New Single-Family Housing Construction (except Operative Builders)

New Multifamily Housing Construction (except Operative Builders)

New Housing Operative Builders

Residential Remodelers

Category 2362 – Nonresidential Building Construction

236210 Industrial Building Construction

236220 Commercial and Institutional Building Construction

Subsector 237 – Heavy and Civil Engineering Construction

Category 2371 – Utility System Construction

237110 Water and Sewer Line and Related Structures Construction

237120 Oil and Gas Pipeline and Related Structures Construction

237130 Power and Communication Line and Related Structures Construction

Category 2372 – Land Subdivision

237210 Land Subdivision

Category 2373 – Highway, Street, and Bridge Construction

237310 Highway, Street, and Bridge Construction

Category 2379 – Other Heavy and Civil Engineering Construction

237990 Other Heavy and Civil Engineering Construction

Subsector 238 – Specialty Trade Contractors

Poured Concrete Foundation and Structure Contractors

Structural Steel and Precast Concrete Contractors

Framing Contractors

Masonry Contractors

Glass and Glazing Contractors

Roofing Contractors

Siding Contractors

Other Foundation, Structure, and Building Exterior Contractors

Category 2382 – Building Equipment Contractors

Electrical Contractors and Other Wiring Installation Contractors

Plumbing, Heating, and Air-Conditioning Contractors

Other Building Equipment Contractors

Category 2383 – Building Finishing Contractors

238310 Drywall and Insulation Contractors

238320 Painting and Wall Covering Contractors

Flooring Contractors

Tile and Terrazzo Contractors

Finish Carpentry Contractors

Other Building Finishing Contractors

Category 2389 – Other Specialty Trade Contractors

90. 238910 Site Preparation Contractors

91. 238990 All Other Specialty Trade Contractors

Sector 54 – Professional, Scientific, and Technical Services

Subsector 541 – Professional, Scientific, and Technical Services

Category 5411 – Legal Services

Offices of Lawyers

Offices of Notaries

Title Abstract and Settlement Offices

All Other Legal Services

Category 5412 – Accounting, Tax Preparation, Bookkeeping, and Payroll Serv’s

 

Offices of Certified Public Accountants

Tax Preparation Services

Payroll Services

Other Accounting Services

 

Category 5413 – Architectural, Engineering, and Related Services

Architectural Services

Landscape Architectural Services

Engineering Services

DraftingServices

 Building Inspection Services

 Geophysical Surveying and Mapping Services

Professional Services

 Surveying and Mapping (except Geophysical) Services

Professional Services

Testing Laboratories

Professional Services

Category 5416 – Management, Scientific, and Technical Consulting Services

Administrative Management and General Management Consulting Services

Professional Services

Human Resources Consulting Services

Professional Services

Marketing Consulting Services

Professional Services

 

Process, Physical Distribution, and Logistics Consulting Services

Professional Services

 Other Management Consulting Services

 Environmental Consulting Services

 Other Scientific and Technical Consulting Services

Category 5417 -Scientific Research and Development Services

 

Research and Development in Biotechnology

Professional Services

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

Professional Services

Research and Development in the Social Sciences and Humanities

Professional Services

Category 5418 -Advertising, Public Relations, and Related Services

Advertising Agencies

Professional Services

 Public Relations Agencies

Professional Services

 Media Buying Agencies

Professional Services

 MediaRepresentatives

Professional Services

 Display Advertising

Professional Services

Direct Mail Advertising

Advertising Material Distribution Services

Other Services Related to Advertising

Sector 62 – Health Care and Social Assistance

Subsector 621 – Ambulatory Health Care Services

Category 6211 – Offices of Physicians

Offices of Physicians (except Mental Health Specialists)

Offices of Physicians, Mental Health Specialists

Category 6212 – Offices of Dentists

128. 621210 Offices of Dentists

Category 6213 – Offices of Other Health Practitioners

Offices of Chiropractors

Offices of Optometrists

Offices of Mental Health Practitioners (except Physicians)

Offices of Physical, Occupational and Speech Therapists, and Audiologists

Offices of Podiatrists

Offices of All Other Miscellaneous Health Practitioners

Category 6214 – Outpatient Care Centers

Family Planning Centers

Outpatient Mental Health and Substance Abuse Centers

HMO Medical Centers

Kidney Dialysis Centers

Freestanding Ambulatory Surgical and Emergency Centers

All Other Outpatient Care Centers

 

– Medical and Diagnostic Laboratories

621511 Medical Laboratories

OPA Presentment For Excluded Claims and Opt Outs ends Sunday

OPA Presentment Date is Sunday, Gear up or Go Home

deepwater horizon settlement

If you have not filed for OPA Presentment, and your Industry is Excluded, or you have already Opted out, you need to have your paperwork for OPA Presentment into BP by Sunday. For many of you that were in excluded industries such as Developers, Financial Institutions, Insurance, and most Moratorium Claims, you did not need to Opt Out, but you do need to file for OPA Presentment.

If your Business was not located in a DeepWater Horizon Settlement Zone you may also want to file for OPA Presentment, for example seafood restaurants located in the state of Florida but were not located in a county along the Gulf Coast, may want to apply, there are a host of other claims.

Most Law Firms have stopped taking on any OPA Presentment Claims. We have not, in fact we have Attorneys with us in house over the next several days that will help you through the process.

If you are currently using an Attorney to Assist you, or have already file your OPA Presentment Form, we wish you the best and this is by no means a solicitation.

The Staff at BPClaims.org created a questionnaire that will help you.

Whether we help you through the process, or you file directly through BP, if they owe you money, and your group or Industry was excluded, now is the time, and today is the day.

The OPA form is slightly confusing, let us make it a touch easier for you, the OPA Presentment form is 20 pages long, but it covers all of the different types of claims one might file. To make it easier BPCLaims.org staff highlighted the pages that most of you will be using, and created a questionnaire, hope it all helps.
Whether we help you through the process, or you file directly through BP, if they owe you money, and your group or Industry was excluded, now is the time, and today is the day.

If you want us to handle it you can go directly to the questionnaire and fill it out online and email it to us, or you can file the OPA Presentment Form and mail it directly to BP.

Here are the links to the Questionaires – Business or Individual

Here is the Link to the OPA Presentment Form

The Below Information is meant to only to help you through this process, it is not in anyway to be confused with the actual OPA Presentment Form.

 These Questionnaires may Help You Fill out the Form

 Business OPA Presentment Questionnaire

Please answer all of the following items. If you have any questions, please contact Jeff @ 1.800.BP.CLAIM or 941.822.0402. Be sure to mention you are calling regarding an OPA Claim, so that we can assist you promptly.

1.  Name of Business (on federal tax return):

  • Type of Business:
  • Business Phone Number:

2. Nature of Business as of 04/20/2010:

3. State sources of income or types of customers for business as of 04/20/2010:

4. Describe in detail any efforts you have made to increase revenue or reduce cost following the spill:

5. State the total amount of operation cost you have saved (or were able to avoid) as a result of reduced operations since the spill:

6. How much are you claiming for lost profits or impaired earnings capacity?

  • How did you arrive at this amount?

7. Provide a description of the alleged loss the business has sustained:

8. Describe how you believe the losses were caused by the spill:

9. Did the business cease operations, declare bankruptcy, or liquidate substantially all of its assets since the spill?

10. Did the business receive any payments from the VoO program or from participation in any other response or removal activities?

  • If so, please contact Jeff @ 1.800.BP.CLAIM before proceeding

11. Provide the business address where the loss occurred:

Street:

City:

County:

State:

ZIP:

12. Please provide the NAICS code of the claiming business:

13. Please provide the Employer Identification Number of the business (EIN):

14. Date and location of the businesses incorporation:

15. Person (full name) authorized to act on behalf of the business:

  • Title of authorized representative:
  • Home Address of the authorized representative

Street:

City:

County:

State:

ZIP:

Phone:

Cell:

Email:

16. Other associated business names (e.g. holding companies):

 

OPA Individual Claims Questionnaire

Please answer all of the following items (typed responses preferred). If you have any questions, please contact Jeff @ 1.800.BP.CLAIM or 941.822.0402.Be sure to mention you are calling regarding an OPA Claim, so that we can assist you promptly.

 

2. First Name:

Last Name:

Middle Initial:

3. Street Address:

City:

County:

State:

ZIP:

4. Home Phone:

5. Cell Phone:

6. Email address:

7. Date of Birth (mm/dd/yyyy):

8. Social Security #:

9. Other names used (if applicable):

10. Current Employer Name:

11. Current Employer Street Address:

City:

County:

State:

ZIP:

 

12. Current Employer Identification Number (EIN):

13. Previous Employer:

14. Previous Employer Street Address:

City:

County:

State:

ZIP:

15. Previous Employer Identification Number (EIN):

16. Did you file a claim with BP, the Gulf Coast Claims Facility, or the Coast Guard National Pollution Funds Center?

If yes, please provide your claim number(s):

17. Did you receive payment from BP, GCCF, or NPFC?:

If so, please provide the amount and source of each payment you received:

18. Where you employed at the time of the spill (April 20, 2010)?:

If so, please provide the following information for the business (if same as above, please indicate as such)

Dates of Employment (Start and End):

Employer Name:

Employer Street Address:

City:

County:

State:

ZIP:

Employer Identification Number (EIN):

19. Describe your occupation, including job title, at the time of the spill:

20. Provide a description of how the spill affect our profits or impaired your earning capacity:

21.  How much are you claiming for lost profits or impairment of earning capacity?: $

How did you arrive at this figure?

22. Provide a description of the actions you took and expenses you incurred in trying to offset the loss of profits or impairment of earning capacity caused by the spill.

23. Did you receive any payments from the VoO program or from participation in any other response or removal activity? If yes, please call Jeff @ 1.800.BP.CLAIM before proceeding)

 

Pages from the OPA Form Specific for Businesses and Individuals
Businesses Pages

Page 3 Question 1
Page 3 Section B
Page 5 second half
All of page 6
Page 11
Page 12
Page13
Sign page 17

Individual pages
Page 3 Question 1
Page 3 Section B
Page 4
First half of Page 5
Page 9
Page 10
Sign page 17

You can reach us at 1-800-BP-CLAIM or fax it to us at 941-822-0407 or email it to Help@BPClaims.org.

or send your completed OPA Presentment Form, not our short questionnaire directly to BP.

If you are  putting your OPA Presentment Form in Sunday, you need to send your material directly to BP.

Here is where you need to send it to, we have heard it is difficult to get a fax through.

If you need , we are now out of the office, but you can call me on my cell, 941-225-5973, and I will do what I can to assist you.

Email it to:

bpclaimsprogram@bp.com

Fax it to:

1-866-542-4785

A list of Excluded Claims that may want to File for OPA Presenment

  • Developers
  • 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.

BP Settlement Important Deadlines LOOM

BP Settlement Seafood Compensation Deadline

bp settlement  The Date for the capped 2.3 Billion Dollar Seafood Settlement is January 22, 2013.

If you made a living from the Gulfs Natural Resources, and you have not opted out this could be your last chance to receive money from the BP Settlement.

Here are some groups that may want to Apply before it is to late.

  • Oystermen and Oyster Leaseholders: People that are involved in the Oyster Industry in general.
  • Shrimpers
  • Clammers
  • Crabbers
  • Vessel Owners involved into the Seafood Industry: Owners of Vessels related to the Seafood Industry.
  • Commercial Fishermen:
  • Boat captains including businesses, that make a living harvesting finfish, crab, shrimp from the Gulf.
  • Crew Claims: First Mate, Second Mate, Deck Hands

OPA Claims Presentment Deadline is January 20, 2013,

*please note if you are not located in a zone approved by the DeepWater Horizon Settlement, but your client base is in a zone, your claims are EXCLUDED.

If you have already Opted Out of the Settlement, you must fill out the form for OPA Presentment by the January 20, 2013.

You must file for OPA Presentment if you fall into these Categories

Who was Excluded from The DeepWater Horizon Settlement

These types of businesses and their employees are for the most part not included in the Settlement, if you have not filed though OPA the time is NOW.

  • Most Casino Type Institutions;
  • Most Fund, Trust, and Banking Entities;
  • Most Defense Contractors;
  • Most Oil & Gas Industry Entities;
  • Most Insurance Companies;
  • Bodily Injury Claims;
  • BP Shareholder Suits;
  • Moratorium Loss Claims;
  • Claims relating to Menhaden (or “pogy”) fishing, selling, processing, and harvesting;

Claims for Damages by Companies or Individuals for employment in the Financial, Insurance, Banking, Gaming, Oil & Gas, Defense Contractor industries, and Real Estate Development, as well as Entities selling or BP-branded fuel.

You can download OPA Presentment Form at BPClaims.org/demands.pdf

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

 

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 Claims Settlement a Reality Check

BP Settlement and How We got Here

BP Settlement  The days are coming to a close when you will have to decide whether you are in or out of the BP Settlement. It’s actually very sad that some of you will have to wait years to ever see a penny from BP.

They deployed their strategy long ago through Feinberg, when he made certain that many of your claims would never see the light of day; through the delay, deny, and defend tactics employed by unscrupulous insurance companies.  When he replaced World-renowned Claims Adjusting Companies with Law Firms with no experience in this sort of matter, to Process your claims, we all got screwed.

I am not saying that this was intentional on his part or their part, but when you look at a typical textbook play of how to thwart payments to claimants after natural disasters, major manufacturing mishaps, and pharmaceutical negligence you can now add the BP Oil Spill to the list.

The Settlement

If the BP Settlement survives, and I am betting it will, certain businesses that only show losses in 2010, but not 2011 will be the major winners. Individuals and businesses without a clear-cut or well-documented cases will simply have to wait. People who made a living from the Gulf will be compensated in some cases but most will be lost for years in the system. There needs to be some wiggle room, so that more people/businesses can fit into the Settlement framework.

And, we needed a better sample set of claims that would get PAID under the Settlement, but I am afraid a certain Processor made sure that would not happen, and used incompetence as the mechanism; very legal, very smart, and very shameful.

This trap was set a long time ago when Obama met with BP and struck the 20 Billion Dollar Deal. When Obama hired Mr. Feinberg he allowed BP to pay him and let him play by their rules.

Obama should have seen this coming and protected us, but he let BP dictate everything, from clean up to Corexit, from payouts to processing, it was never in our hands, it was always in BP’s.

We have seen a wave of offers come through lately, and have been promised payments for them soon, but we have seen nothing in the mail and, the clock is ticking. It is difficult for many to stay in the settlement if your claim is in limbo, and before November 1, 2012, you have to make a decision to either stay,  and find out you may not qualify, and get nothing, or go, and enter a third claims program actually run by BP, before you can even litigate.

The Settlement needs more time, the people need more time, the process needs more time. It is in my humble opinion, that the deficiencies of the BP Settlement have just begun to be addressed, and there is a great framework to work within here, but we need to see some fruit, we need to see how claims will be treated. There is just to much uncertainty, and that is leading to Fear, and to many people are capitalizing on that,

What Happens Next OPA, Opt Out`s, and Beyond

With the Opt-Out date looming, many of you will be told by Attorneys that you will need to Opt-Out now and sign with them immediately for the ‘Oil Pollution Act’ (OPA) presentment and maybe we can get you paid under OPA. You do NOT need an Attorney for OPA Presentment.

At this time, the Attorneys/Individuals/Consultants will need to have your basic information, and approximate loss figures into OPA, in by January 20th, 2012, so they can be formally presented by April 20th, 2013.

This will be the THIRD Claims process that many of you will be going through. Yes, the third claims process; this is how they wear people down.

Let me be clear hear, if you choose to Opt-Out you do not need to immediately sign up with an Attorney, if want help finding the best Attorneys that handle your type or types of cases, we can help you there, and we will.

In all Actuality you don`t even need an Attorney, not just yet, but be ready.

Do Not Opt Out Just Yet.

The leadership of the Settlement has done their best to get the system set up, and your claims processed as quickly as they could.

The reality is the odds were stacked against them from the beginning, and it took them too long to figure it out. Using the same processors that the GCCF used was ludicrous, and they were ordered to do so. People in high positions, based on past relationships trusted them, they were deceived.

Remember who hired them and fired the people that actually knew how to process these claims, yep, good old Mr. Feinberg. BP paid Mr Feinberg, and paid him well.

It gets better, or actually worse, under OPA presentment your claims will go to The BP Claims Program based out of Houston Texas.

The BP Claims Program is run by guess who, and administered by guess who, BP, it`s like taking the lambs to slaughter and guess who are the lambs?

That`s Right BP will be in-charge of paying your OPA Claim, so who in their right mind would be in rush to put their claim in their hands?  Not Me.

Choices

It is my humble opinion and I am not an Attorney, that you can either be lead to slaughter or choose to fight; call your congressmen, your senators, and vote in the upcoming election.

Many of you on our Facebook page have talked about Marching, I suggest New Orleans, It`s all up to you.

Isn’t that how we do things here in America, so if your as fired up as I am, jump onto our Facebook page and lets start talking about the details.

I have been told that Judge Barbier and Mr. Juneau are very solid Southern Men.  Gentlemen we have people dying out there, not just economically, but from the use of Corexit 9500.  I was told last week that 3 out of 4 boys died from one family in Plaquemines Parrish from Liver Cancer.  These boys were children.

Guys that worked the VOO are dropping like flies.  We hear these stories on a daily basis and nobody is doing a darn thing about it.

BP is Negotiating with the Department of Justice

As I am write this, BP and the Federal Government are negotiating another BP Settlement with the DOJ that is suppose to bring as much as 80% of that revenue back to the Gulf States under the Restore Act. The number is in the Billions; speculation is between $15B-$21B  May I suggest the feds step in and help renegotiate the Settlement that BP and the PSC came up with, and specifically give Mr Juneau and Judge Barbier some latitude and more power to handle this their way, and not have to ask BP or the PSC for permission. Things need to get done here!!!

It`s just a thought. If there was ever time to hold BP`s feet to the fire and get something done for the people I think now might be a real good time.

And One more Thing

The Macondo Well is still leaking, there is speculation from the Coast Guard and other sources it is an old riser pipe, well it`s been leaking for a really long time now.

The Oil was tested, and it is Macondo Oil and it is fresh oil, not mixed with the sludge you would find in a riser pipe, and does it not make this whole darn process null and void, under OPA, because you can`t settle a catastrophe while it is still happening. At least find out for sure where the oil is coming from first. Can anyone say R.O.V, c`mon now.

There is a six mile, and some days much bigger, Oil Stream coming  from the Macondo Well.  It sounds like the BP Oil Spill is STILL HAPPENING.

We would never be having this conversation had Feinberg done his Job, and actually paid Interim Payments.

 

We at BPClaims.org will do whatever we can do to Help You.

We have Never and will Never put Profit in front of People.

We have the most extensive network of Claims Processors and Attorneys throughout the Gulf Coast. They charge 15-25%.

We care and it shows, and we are going to call it like we see it, ’til everybody is made as whole as they can be.  I mean everybody.

God Bless…B

 

 

 

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

BP Settlement Solutions for Business Claims

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

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

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

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

Opting in or Opting Out

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

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

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

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

Claims are getting Offers

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

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

So what does the Future Hold

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

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

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

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

 

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.

Visit Us on Facebook.

Best of Luck to All.

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

Check Your BP Claims Status, even if you are with an Attorney

BP Settlement Claimants can Now find Out Their Status

bp settlement  We have been hearing from many of you, that you don`t know where your BP Claims stand. Most of the Claims are with Attorneys, though some are with Consultants, and the answers that claimants are receiving are vague at best. Some Groups have created client portals so the clients know exactly where they stand, we applaud them.

People need to know where their claim is at, in the process, whether you are with a CPA, an Adjuster, or an Attorney, now there is a solution.

We have been lobbying the DeepWater Horizon Settlement Leadership for over a month for this, clients can NOW check their status even if they are with an Attorney. We would still like to see the claimants get more details as to what has been filed for them.

Here are the instructions from the Settlement Fund.

Claimants and other users are now able to check the status of their claims without having to create a login and password for the DWH Portal by using the new Check Status Portal.  The Check Status Portal only shows current statuses. The Portal does not allow users to view or respond to Notices, upload documents, or submit Registration Forms and Claim Forms.

Users can login to the Check Status Portal through the DWH website (www.deepwaterhorizoneconomicsettlement.com). To access the Check Status Portal, users must click the “Check My Status” link in the middle of the Home page.

To log on, the user must enter a DWH Claimant ID and the last four digits of the claimant’s Taxpayer ID.  The user must also type the security code shown on the screen. After a user successfully logs on to the Check Status Portal, he or she will see three sections: Claimant Information, Claimant Status, and Claim Status.

For security purposes, the Claimant Information section will only show the DWH Claimant ID and the last four digits of the claimant’s Taxpayer ID. The Claimant Status section shows the claimant’s overall status and the Claim Status section shows the status for each claim.  The Status column shows the current Status or Notice.  The Status Date column shows the date the Claims Administrator issued the Status or Notice. The Response Deadline shows the date by which the claimant must respond to a Notice.  Not all Notices have Response Deadlines.  If the Response Deadline column is blank, the claimant does not need to respond. You can also call them directly at 1-866-992-6174

U.S. is Pursuing Gross Negligence charges against BP

U.S. Department of Justice will be pursuing gross negligence charges against BP. This could mean that BP will have to pay out another 21 Billion Dollars. The D.O.J said that BP displayed a “culture of corporate recklessness.” The trial is set to start in January, meanwhile BP`s stock is falling.

Parishes Under Water

We have been hearing from many of our Claimants that they have lost their houses and boats in the aftermath of Hurricane Isaac. We have heard from many of you that are still in shelters. We have been calling people to let them know their claims have been given offers, only to hear that they have lost everything. Our hearts and prayers are with you, many of you have become friends through this process, we are with you.

BP Settlement Solutions

We can Help You or your Business navigate the waters of the BP Settlement, fees start at just 15% for most claims. We have an incredible group of Claims Adjusters and Accountants that have been working to get people paid for a long time. We care about our Clients, and it shows. Our network of BP Claims professionals extends across the Gulf Region.

Non Attorneys typically charge 15%.

Attorneys typically charge 25%.

 

We will help you with your BP Settlement.

 

 

 

 

 

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