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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
How can you receive the BP Settlement you deserve?
Not only did the April 2010 BP oil spill cause extreme damage and devastation to the environment, it also had a ripple effect throughout the entire economy of the Gulf Coast of the United States. Businesses and Individuals in the affected areas saw a decline in revenue and earnings following the incident as a direct result of the lack of tourism, rising prices of seafood, and many other factors. The first response for economic reimbursement was the GCCF, later replaced by the BP Settlement which now oversees all claims.
How do I know if I qualify to file a BP claim?
To be eligible to file a valid BP Settlement claim, a business or an individual’s business address must fall within one of the specified BP Economic Loss Zones. The claimant must also make sure that the nature of their business is not included on the list of ineligible entities. At this point, financial documentation will need to be provided to prove the loss.
BP Settlement Individual Claims
Individual claimants will need to provide tax documents and pay period earning statements from at least 2009-2011 to show that their hours or wages were reduced as a direct result of the spill. Most individuals also will need to establish an eligible employer by having an authorized business representative submit a sworn statement that the employee’s financial losses were directly related to the spill.
The amount of compensation an individual can expect to receive is directly correlated to the amount of money they lost in the compensation period as compared to the benchmark period. Therefore, every payout will vary on a claim to claim basis.
BP Settlement Business Claims
Businesses outside of Zone A must prove their damages by passing a causation test. The causation test is an algorithmic calculation which uses financial figures from a business’s monthly profit and loss statements to determine the eligibility of the claim. This test uses the provided figures to try to find a certain percentage of decline in revenue in the months following the spill in 2010, as compared to those same months in 2009. The financials should also show a certain percentage of uptake in those same months in 2011. The percentage of decline in 2010 and incline in 2011 that are needed to pass the “V-trend test” will vary based upon which geographical zone the businesses address falls within.
The amount of compensation a business can expect to receive is based upon which zone the business is located in, the nature of the business as evidenced by the NACIS code, and the amount of loss in the compensation period. Once again, the amount of compensation will vary on a claim by claim basis, as many factors come into play for business claims.
Is there a quick way to find out my eligibility?
For a BP Settlement business claim, we can run the basic financials through our preliminary calculator and quickly determine if the claim passes causation or if it does not. For a preliminary calculation we would need:
The business address
Monthly Gross Revenue for Jan 2007-Dec 2011
If the business passes causation we would then need further documentation to calculate the businesses estimated compensation amount and to make the claim complete under the guidelines of the Deepwater Horizon Settlement.
Do I Need to Hire a Professional?
It is not completely necessary to hire a professional. Many people file claims on their own without representation. However, there are many reasons why you might choose to seek guidance on this matter. We hear from business and individual claimants every day who have filed claims on their own and are being delayed with multiple incompleteness notices and are frustrated and fed-up.
The Court-Supervised 1,300 page BP Settlement is an extremely detailed and convoluted document which can be overwhelming and disheartening to those who have no prior experience with the legal components that professionals are equipped to handle.
What Services do we offer?
Our team of experts helps you gather and prepare the needed documents for review. The claim is then assessed for eligibility, completeness and validity. Business claims are calculated either by a CPA or under the direct supervision of a CPA to ensure accuracy of the expected compensation figure. At this time the complete claim will be filed.
Once the claim is filed to the Deepwater Horizon Settlement, should there be any discrepancies regarding paperwork or financials, we work with the client to handle all incompleteness notices, requests for reconsideration, re-reviews, appeals, and denial notices. Clients may always feel free to contact us regarding the status of their claim, and know that we notify them immediately when we have any deadlines pending.
How do I begin the process of filing my claim?
There is only a short time remaining to file all claims to the Deepwater Horizon Settlement, the deadline being April 22, 2014. Call us today for a free claim assessment. If you have your preliminary documents in order, we may be able to quickly run a calculation to determine your eligibility. Call 1-800-BP-CLAIM or complete the BP Settlement form on the right and someone contact you shortly thereafter.
Author: W.C. Bohack
BP delivers a body blow to the BP Claims Process
BP has let us all know where they stand with the BP Claims process, if there was any doubt in your mind, if you thought they would show good faith, if you thought they were truly going to “make it right” through the BP claims process, they are not.
BP announced last week they did not want to pay for future loses, then they hit people with low ball BP Claims offers, hoping people would be happy, just to get something for their BP Claims. After BP made the statement regarding future loses, it was predicted by BPClaims.org that they would follow this up with low ball offers, and that is exactly what happened.
We had all hoped that BP would act in good faith, instead they trying to bury people in BP Claims paperwork, and other delaying tactics.The Attorney Generals from across the Gulf Region have seen this coming, and are launching a full investigation into the BP Claims process.
BP Claims: Our Pledge and Our Team
If you have a Valid BP Claim we will not rest until you get Paid. We have assembled the Best Group of BP Claims Attorneys, and Claims Adjusters that have a history of doing battle with BP and Winning. The team that has come together to make sure you are treated fairly by BP and the GCCF, We have one goal in mind, TO GET YOUR BP CLAIMS PAID. We have several Groups of Attorneys and Adjusters that all have areas of specialization. We have Denied Claims Specialists, BP Business Claims Experts, Medial Claims and VOO Attorneys, and of course Individual Claims are a priority.
BP has shown it`s colors and it`s true intent, there is no longer a shadow of doubt what their true intentions are. We are All very passionate about helping the people, and the business`s affected by the BP Oil Spill, and have a track record to prove it.
BP Denied Claims Paid in 9 Days: BP Claims Under Review Experts
We have added a few new players to the BPClaims.org Team, and I am proud to say they are Experts with BP Denied Claims. They have gotten denied BP Claims paid in 9 Days. They have an in depth knowledge of how the GCCF works, and what is required for a successful BP Claim. If your BP Claims are under review, they can dig in to your claim while it is sitting at the GCCF, find any deficiencies, reorganize it, and maximize it. We will put an end to your BP Claims nightmare.
BP Claims Litigation
If for whatever reason your BP Claim can`t be settled amicably, we have The Attorney that has gotten THE LARGEST AWARDS FROM BP EVER ON OUR TEAM. One way or another BP is going to pay. This is a Tier 1 law firm, which means they are the best of the best, they also specialize in fast tracking BP Business Claims for companies that are in distress as a result of the oil spill. As the true intentions of BP and the GCCF has been disclosed, litigation may be a necessary means to get your BP Claims Paid, it is best to be prepared.
Let us Help you with your BP Claims.
Article Source: BP Claims
Aricle: BP delivers a body blow to the BP Claims Process
Author: Bill Bohack
BP delivers a body blow to the BP Claims Process
BP Claims against Partners
BP asserted claims against Cameron, Halliburton and Transocean in the limitation of liability action,” the report said. “BP’s claims against Transocean include breach of contract, unseaworthiness of the Deepwater Horizon vessel, negligence (or gross negligence and/or gross fault as may be established at trial based upon the evidence) … as well as a declaratory claim that Transocean is wholly or partly at fault for the Incident and responsible for its proportionate share of the costs and damages.”
The report said, “BP’s claims against Cameron assert that Cameron is liable under maritime law for providing a blowout preventer that was unreasonably dangerous in design based on certain design defects, that Cameron was negligent with respect to certain maintenance and repair that it conducted on the Deepwater Horizon BOP …”
A blowout preventer is a giant valve designed to prevent sudden eruptions of pressure.
BP Claims against Haliburton
Moreover, the report said, “BP asserted claims against Halliburton for fraud and fraudulent concealment based on Halliburton’s misrepresentations to BP concerning, among other things, the stability testing on the foamed cement used at the Mississippi Canyon Block 252 well; for negligence (or, if established by the evidence at trial, gross negligence) based on Halliburton’s performance of its professional services, including cementing and mud logging services; and for contribution and subrogation for amounts that BP has paid in responding to the incident and oil spill, as well. …”
Also on April 20, the report said, BP filed a complaint in federal court in Houston against Halliburton alleging “the same counts as BP’s claim against Halliburton in Transocean’s limitation of liability action.”
Halliburton, Cameron and Transocean all filed countersuits.
How Does this effect the BP Claims Process
If you look at how this is playing out between BP and it`s partners, you can see a pattern forming. Everybody is pointing the finger at someone else. It only makes sense that when it comes to BP paying on the claims it is going to point the finger at every other factor it possibly can.
BP is going to utilize every piece of leverage it can, to pay the most minimal amount possible to claimants. BP will point out the lingering effects from Katrina, the slumping economy, and now the great flood of 2011. If they hold true to form , BP will try to make the BP claims process muddier then the Mississippi.
The GCCF Independence Charade
The GCCF is controlled by Arthur Feinberg. Mr Feinberg is employed by BP. The BP Claims process was created by BP, then revamped by Mr. Feinberg under the GCCF banner. During this transition, the process has stalled, and left many without the promised cash along the time lines promised. Mr Feinberg would like people to view he and the GCCF as independent of BP, they are anything but. For example, if your claim is over 250k it needs BP approval. So much for being independent. Finally Judge Barbier ruled that he was not, and could not tell people that he and the GCCF were independent.
Should we wait on the GCCF?
There are a lot of people who have taken a wait and see attitude, while many who were in more need, are now homeless, due to foreclosures and cars getting repossessed. For the life of me I can`t understand why there was not a moratorium for foreclosures and repo`s through out the Gulf region, for individuals that showed a direct link of loss due to the oil spill. Why make people wait, wait, and wait, only to lose everything. There were people that have been waiting since the GCCF took over, for their BP Claims money, only to get waited out by the GCCF, and forced to take a quick pay deal. So when everyone was waiting for the check to come, and desperation grew, BP made quick pay offers of 5k for individuals and 25k for business`s, but they had to sign away any future claims, and agree not sue BP. Now does that sound like they are really here to help people.
The GCCF claims system is broken
How many times I have been told that somebody`s paperwork got lost, or they haven`t heard for months, then only to get a denial. The GCCF claims system is broken. It`s supposed to be saving people, not helping them reach new found levels of desperation. BP claims money simply should have gotten to the people by now. Instead BP is trying to narrow the field of claims they will pay, today they came down on moratorium claims. Claiming that they are not responsible for the government banning deepwater drilling. Memo to BP, Obama wouldn`t have closed down a whole industry, if it was not for your catastrophic failure to notice the obvious. Your checks and balance system was corrupted and broken, your corporate culture was based on selfishness not safety, and was most exemplified by Mr Hayward. Then you tell us to trust you, and wait for our GCCF Claims offer, still waiting.
BP Claims & GCCF hide behind OPA
The U.S. Oil Pollution Act, which requires companies to compensate people and businesses harmed by an offshore spill, makes clear that liability is “limited to damages directly caused by a covered oil spill and that indirect or derivative losses are not compensable,” BP said in papers filed yesterday in federal court in New Orleans.
BP said it isn’t responsible for damages to boats that participated in its VOO program or for the losses of Gulf Coast businesses idled by the U.S. deep-water drilling moratorium.
VOO gets dealt a blow by BP/GCCF
In March, hundreds of boat owners and contractors who participated in cleaning up the BP spill filed a master complaint seeking compensation for unpaid wages, vessel damage and physical injuries from contact with the spilled oil or chemical dispersants used to break up the oil. BP yesterday asked the federal court in New Orleans overseeing spill suits to dismiss claims by these plaintiffs under the Oil Pollution Act.
We will see how BP handles these claims through the GCCF process, they also went on to tell Louisiana that they needed to go through the GCCF process before they sue BP.
GCCF Uses Delay, Deny, Defend strategy again
If you all remember, and I am trying to emphasize this, the GCCF and BP are using a Delay, Deny, Defend strategy. If the GCCF and BP wanted to pay people they would be. They are following the text book of how to handle situations such as this. The book was written by unscrupulous insurance companies, and is often implemented when companies are trying not to pay, and it works. The GCCF could be more consistent and kind when it comes to paying BP Claims.
The good new is, some of the lawyers we have connected with will take these GCCF claims.
I was informed that Judge Barbier had inferred in court that Law Firms could still file on behalf of claimants against Transocean, and some firms are. There are NO guarantees here. The deadline was April 20th, if you did not file and would still like to, here is your chance, I can`t guarantee it will go through, but there are firms that will give it a shot. So if you fill out the form to the right and put Transocean in the description, we will see to it that your claim gets to them. My thoughts on this are, that Judge Barbier saw that many firms were swamped with requests and is giving them a touch more time to get these in. This is pure conjecture, but that is the only valid reason I can figure.
Transocean Limitation Complaints
Directly taken from the Plaintiff Steering Committee website:
1) What is a Limitation Complaint?
When a vessel owner, such as Transocean, the owner of the Deepwater Horizon oil rig, forces all people who have claims resulting from an incident to make any claims against it in one proceeding. In that proceeding, the Court is asked to decide whether the vessel owner can limit its liability (or what it is responsible to pay) under the law.The Court may also determine other issues, such as the liability (if any) of the vessel owner, whether the vessel owner is liable for gross negligence or the amount of fault between and among the defendants. Gross negligence involves a reckless disregard for the safety of others.
If you can get into the process you will be covered by the February 2012 trial issues.
My experience with Corexit
From the very beginning of this project I have felt most drawn to helping BP Oil Spill Clean Up Workers. I was out on Grand Isle in June 2010 and the smell of Corexit filled the air, within hours I was coughing. In my infinite wisdom I picked up a piece of Corexit in my hand, I had it on the tip of my finger when it broke like an egg, and it suddenly covered my hand, seconds later my hand was burning, and when I tried to wipe it off, I only proceeded to spread it up my arm. A nice lady on the boat had baby wipes that removed it, regular towels were useless. The way the Corexit bonded with Oil and coagulated it created something that resembled the texture of the yolk of an egg. but more firm, until it broke then it was a gooey mess.
Clean up Workers & Corexit
Cleanup workers were ill equipped to handle the oil spill from the very beginning, lacking both basic equipment and the knowledge of just what they were dealing with. Corexit poses health risks at the molecular level. Corexit bio-accumulates in one`s body. The lungs, kidneys and liver are most affected, and it does cause cancer.
This is from Wikipedia: Mind you, this is about Corexit 9527 not 9500, less is known about the after effects of 9500 on Humans.
Corexit 9527, considered by the EPA to be an acute health hazard, is stated by its manufacturer to be potentially harmful to red blood cells, the kidneys and the liver, and may irritate eyes and skin. The chemical 2-butoxyethanol, found in Corexit 9527, was identified as having caused lasting health problems in workers involved in the cleanup of the Exxon Valdez oil spill. According to the Alaska Community Action on Toxics, the use of Corexit during the Exxon Valdez oil spill caused people “respiratory, nervous system, liver, kidney and blood disorders”. Like 9527, 9500 can cause hemolosys (rupture of blood cells) and may also cause internal bleeding.
Clean Up Workers Exposed to Corexit Seek Help
We get phone calls daily from people that are sick from the Corexit and worked on clean up crews. If you are sick, please fill out the form to the right and we will get you in touch with law firms that specializes in Helping people that are truly ill from the Clean Up of the Gulf Oil Spill. There are programs being put in place, and medical monitoring becoming available. There are certain medical tests you can also have done, that will measure the levels of exposure. If you think you are sick or know someone who is, please let us know.
The numbers are staggering, 75% of the business`s and individuals that were financially impacted by the Oil Spill have not filed BP Claims or the GCCF Claims. That number is down from 80% just 2 weeks ago. That means that only one quarter of the people eligible to file claims have. If you were impacted by the oil spill and need assistance filing a claim, there are seasoned Oil Spill Attorneys that want to help you with your BP Claims.
BP Claims.org Can Help!
If you are a business with a BP Claim and need the assistance of forensic accountants to figure out your true losses over time, many Attorneys have Forensic Accountants on staff or relationships with C.P.A. firms. Many Attorneys also have former BP Claims and GCCF Claims Adjusters on hand, to make sure the final packet of information sent to the GCCF will meet their requirements. The Attorneys that we have connected with all work on a contingency basis that means they don`t get paid until you do. The BP Claims process has proven inconsistent at best, if you decide you want to file a BP Claim and would like a free consultation with an Attorney please fill out the form to the right.
The BP Claims process and What I think
This is what I am seeing, mind you I talk to a lot of people during the course of the day. They are people who want to make claims, and the Attorneys preparing for litigation of claims and cases for the most part. I don`t hear from the happy person who received a fair shake from the GCCF. Lets keep that in mind. I think the GCCF is absolutely no holds barred using a delay deny defend strategy when it come to paying BP Claims. I think the best route for ALL claimants is to at the very least speak to an Attorney. I think using an Attorney will get you a higher payout and you may get paid faster. I am seeing and hearing about large and I mean large firms getting ready to close out ALL the BP Claims they have on the books. What does that mean, that means you have another avenue of settling your BP Claim. The GCCF is use to dealing with Attorneys and settling out blocks of cases, this is the way Mr Feinbergs firm often works with Attorneys in other kinds of cases, they are use to it and it is the way their corporate culture operates. The BP Claims process has other avenues for settlement.
Whats up with GCCF Claims
Well it looks as though the GCCF is saving the Interim Claims for last, most are accompanied by final claim offers. The Interim Claims should have been addressed immediately when the GCCF took over in late November. This would have helped a lot of people NOT go further into debt, and avoid the foreclosures repossessions and other stresses. This is right where BP wants people to be. A flurry of Interim Claims came in the beginning of April, but it seems as though that has come to a halt. We have been receiving many calls from people that want to check their claims status. Many are waiting to see what the offers are before talking to an Oil Spill Attorney, The keyword is WAIT and while we wait to find out how the GCCF is going to treat people. BP has raked in over 7 Billion dollars in profits this quarter and paid out just 4 Billion for the Spill, much of that not in claims, but for clean up and pr. So while people wait, they rake it in, and desperation and indebtedness grows for many. What people need to realize this waiting game only benefits BP. After writing this I looked at current BP Claims news and what do I find, but they are closing yet another office in Gulf Breeze Florida. So I guess we will be waiting on the GCCF a little longer and drive a little farther.