Tag Archives: deepwater horizon settlement appeals
There is a new disclaimer that has appeared on the DeepWater Horizon Website
In layman’s terms this disclaimer states that the deadline to file all Seafood Compensation claims was January 22, 2013 BUT that if you have a Seafood Compensation claim that has not yet been submitted that you may still file it at this time and it will be reviewed on a case by case basis. There are no guarantees any of these claims will be accepted but claimants will be notified on the outcome of the timeliness review.
We have spoken to Attorneys and other Processors about this and most will NOT be taking these claims on, because of the fact that there are no guarantees they will be accepted by the BP Settlement Fund.
We have spoken to our Network partners and WE WILL BE accepting these claims. Why? Because we feel they deserve every opportunity to get paid. As someone affected by this tragic event very directly, we want to stress that you are the top priority and we will try to help you regardless of the outcome.
If you did not meet the initial deadline, or you know someone who has a claim, but missed the deadline, please forward this to them.
We can Also Assist you with the Following BP Claims:
- Business Economic Loss Claims
- Medical Claims
- Claims that need to be Updated from the GCCF
- Claims that have been Appealed
- Claims that need to be Appealed
- Property Damage Claims
- Individual Claims
- Failed Business Claims
- Claims that are Stalled or have Incomplete Notices from the DeeepWater Horizon Settlement
- Claims that have been Denied from the BP Settlement or the GCCF
Menhaden Fishing Significantly Down
Key figures in the Menhaden Fishing Industry have stated that the fishery is suffering. According to very credible reports given to us at BPClaims.org, the fishery is running around 20%-40% of what it was before the Gulf Oil Spill. This is eerily reminiscent of what happened to the Herring after the Valdez Spill. The fishery seemed stable for 3 years after that spill, and then collapsed. The sad fact is this environmental aftermath is still unfolding. The oil sitting on the bottom of the Gulf of Mexico may continue to cause unforeseen problems for years to come.
DeepWater Horizon Settlement Issues
A vast amount of claimants who contact us do so because they continue to receive incompleteness notices on their case. There are many reasons for these. Deepwater Horizon many times may ask for documentation that you have already submitted. We are not hearing this just from unrepresented individuals and businesses, but also from Attorneys, Processors, and CPA Firms. Professionals in this Industry are unhappy, and making it known to the leadership of the BP Settlement and their liaisons. We sa this in the beginning of the BP Settlement, but have not seen this for some time.
Quite often instead of receiving an incompleteness notice, we receive a phone call from Postlethwaite & Netterville, this is the accounting group that the Deepwater Horizon Leadership has brought in, and they have done an excellent job. We have not had any issues with Postlethwaite & Netterville, when it comes to being asked for documentation that was already submitted. As I understand it from the people I have talked to, Brown Greer was in charge of those particular claims.
Let’s all remember that Ken Feinberg is the one who hired Brown Greer. Who hired Ken Feinberg? By now we know he was not Independent as he originally advertised; he was bought and paid for by BP. Before anyone could tell what the full extent of damage from the spill would be, Feinberg initially promised to begin compensating the affected with Interim Payments. Instead, he offered Quick Pays and many people had no choice but to take a small amount of money and waive their right to sue BP in the future. Many had lost everything they had and were desperate to put food on the table for their families. Over 200,000 Individuals and Businesses took Quick Pays and many of those were given much less than what they should have rightfully received.
For the record, The Claims Administrator inherited Brown Greer. As I understand it, and I could be wrong, their continued involvement was part of the Settlement Agreement, and BP wanted them in play.
To the leadership’s credit, they foresaw issues from the beginning of the Settlement process and got the accounting firm Postlethwaite & Netterville involved. We deal with P&N quite often when processing your claims and have found them to be most helpful.
GCCF Claims Need to be Updated
Think about this, just under a Million Claims were at the GCCF when they transitioned over to the DeepWater Horizon Settlement. We were told that the information from the GCCF would go right over to the NEW and Improved BP Settlement. It did, but what many people don’t understand is that they still need to update that information to meet the terms of the Settlement. This has been seriously frustrating to many of you who think your claim is still Live at the DeepWater Horizon Settlement. In fact, it is not. Your claim will need to be updated to meet the guidelines of Deepwater Horizon Settlement. The only advantage is that much of your documentation is digitally available, which may make it easier to prepare the claim.
BP`s 5th Circuit Appeal
BP is rumored to have asked Prime Minister David Cameron to intervene on their behalf, and I am sure they have, even though they deny it. Most Attorneys that I speak to don’t think there will be ANY changes when this case gets to the 5th Circuit, but my gut tells me otherwise. In looking at past decisions of the 5th Circuit, they have no problem reversing decisions from the lower courts. If you read the writing on the wall, BP is posturing that this settlement could mean the end of them, and they are appealing to the U.K. leadership to ensure that does not happen. If only they spent this much time and energy harboring a corporate culture that did not put money before safety. It has been proven multiple times they do not. BP has a history of putting money before safety.
If BP gets their way in the 5th Circuit, and eliminates multiple categories within the construction, agriculture, marketing/advertising, and professional fields, these industries will become excluded. They will have in essence, rewritten the BP Settlement. If that is to be the case, may I suggest that since the settlement is being rewritten; let’s allow ALL of the people that took Quick Pays to come back into play. If BP truly wants to make things right, as they are stating in their commercials, let’s bring back the Quick Pays and allow them to be reconsidered since they were preyed upon by Feinberg anyway.
Besides the explosion and the environmental catastrophe that followed, Quick Pays are perhaps the most devastating aspect of this event. Good people, mostly those that made their living for generations from the Gulf were the hardest hit. Many had little education and had no idea what they were signing. Feinberg came out with the program around Christmas 2010, but it would not hit high gear until April 2011, one year after the spill.
By that time homes were in foreclosure, boats were being repossessed, and people were desperate for money. The 5k or 25k payments were nothing short of extortion. If BP is going to have the ability to rewrite the settlement, let’s bring Quick Pays back to the table as well. If they’re going to take away, they should give something back in return. Since BP is now stating that the groups that they are trying to exclude were not injured by the Gulf Oil Spill, let’s make sure they help the people that were, and truly make things right, just like their commercials say.
We have the BEST PROCESSORS in the country working on your claims. We handle many of them in house, but also work with several other groups that have an extensive track record of getting claims paid. We handle claims for 15%-25%, there are no hidden fees and we don`t get paid until you do.
Appeals are becoming more and more a part of the DeepWater Horizon Settlement. This is what we have seen, if your Appeal is prepared correctly, and you have the information to support the appeal, the DeepWater Horizon Settlement appeals system spearheaded by David Duval will compensate you what you are owed. NAICS codes have a lot of weight in this equation, but often they are incorrect. Often we are finding that the CPA`s a business used to file their taxes used the incorrect code. There are many variables when it comes to the appeals process, if you need assistance we have a team that specializes in appeals.
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.