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BP Needs to abide by the BP Settlement

BP Settlement News

bp settlement BP needs to stop with the commercials, and the B.S. we are on your side, when in fact they are doing everything they can to undermine the BP Settlement. After getting shot down attempting to rewrite the BP Settlement by Judge Barbier several times, they are now trying to get their way in the 5th circuit.

BP is attempting to eliminate numerous categories of claimants, we have been telling you this for the last month.

So when you see their commercials on T.V., telling you how well they are treating the people along the Gulf.

Know the TRUTH, THEY ARE NOT ON YOUR SIDE. Actions speak louder then words.

This is all about money, and BP is doing it`s best to save theirs.

Recent BP Settlement History:

  • BP sues Pat Juneau for misinterpreting how he is suppose to administer funds under the terms of the BP Settlement. Let me tell you something, we process many BP Claims in house and these people stick to the letter of the Settlement. All BP wants to do here is exclude certain categories, professionals, construction, media, and agriculture are the prominent.
  • BP has tried several times to rewrite the BP Settlement, and tried to enroll the Judge and the P.S.C. The P.S.C. and the Judge have stood firmly, holding BP to the terms of the Settlement.
  • BP uses appeals as a method to stall payments, overwhelming the DeepWater Horizon Settlement Appeals Process.
  • BP sets up traps within the BP Settlement, such as the Customer Mix Test, if a Claimant is not covered under a straightforward V Trend model, most will never see a dime. We are woking to fix that.
  • BP agrees to pay stockholders 8.5 Billion for losses and expedites payments, but not the people of the Gulf.
  • BP hires Feinberg who declares himself Independent until the Judge ORDERS him to Stop, meanwhile over 200,000 people take his devilish Quickpays.
  • BP now appeals Judge Barbiers Decision to the 5th Circuit, and wants to eliminate dozens of categories they initially agreed to pay under the terms of the BP Settlement.

Still think BP is on Your Side.

What are we seeing NOW

The DeepWater Horizon Settlement has accelerated it`s processing capabilities. Postlethwaite & Netterville, the accounting firm that is now handling the majority of the BP Claims seems to be doing a good job, at the very least, much better then their predecessor. If there are issues with a claim, we are often given a phone call, or an email, and time to cure the issue before incompleteness notices, or other notifications are given. This has been a relief, and a much needed departure from past processing procedures. We can tell you from first hand experience that they strictly adhere to the terms of the BP Settlement.

Appeals, appeals, and more appeals, BP is still up to it`s old tricks trying to appeal BP Settlement Claims. They are taxing the Appeals system, and the peoples patience. The Judge and the Plaintiff Steering Committee are doing their best to thwart them, but still they persist.

Our History

We have heard from more then 50,000 people over the last 3 years. Our first site was SurvivetheSpill.com that was meant to get people help that needed help, from people that could give help. The issue was, too many people needed help, we eventually would align with Catholic Charities, and the Guys from Deadliest Catch, and we would help 1,000`s, with SurvivetheSpill.com.

We have been at this from the beginning, and we know from  first hand knowledge what is really going on.

We were then told to foll0w the BP Claims process by some attorneys because it was going to be a mess, and we did, that`s when BPClaims.org was born.

This would lead us into processing claims during the GCCF days, and eventually building The Network of Claims Professionals we have today.

Combined we have over 300 Million dollars in claims paid, and over 2 Billion dollars in the current settlement.

If you need assistance with your BP Settlement call us today at 1-800-BP-CLAIM

BP Claims Professionals are only a phone call or a click away.

BP Seeks to Exclude certain Industry Groups from the Settlement

BP Settlement and a few new wrinkles: maybe

BP SettlementJust when you think the BP Settlement is what it is, and yes there are a few things wrong with it, a contingent of Plaintiff Attorneys (who have some valid points) and BP want to change things.

It is apparent that Pat Juneau and Judge Barbier are sticking to the letter of the Settlement, but outside forces would like to change all of that, and just might, and that could affect a lot of people – if BP Gets their Way.

At this point BP is actually suing Pat Juneau the Claims Administrator of the BP Settlement – Shame on them, tactics such as these could be construed by some as extortion.

If BP can manipulate the courts and the Settlement, and they are trying, numerous groups could be excluded from the Settlement. If your claim falls into an excluded group, but it is already in the settlement, you are considered Grandfathered in.

Claim Groups BP is trying to Exclude

Please go to the bottom of the post for the complete list, and it is a long list.

Most notable are Contractors, Farmers, Aquaculture, Media Companies, and Doctors. Lawyers are also on the list.

Why is BP trying to change the BP Settlement –  basically because they have started to see the numbers roll in from these groups, and they are staggering. Some have told me that BP is not happy with their Attorneys who created the initial Settlement.

The Reality is, it`s all about money, when it should be, recognizing the trickle down effect this horrific event had on our economy and our ecology.

The Gulf Coast Region was in a recovery from the Housing Disaster when this happened, and the Oil Spill knocked that recovery back 3 years.
Many industries were affected, as the recovery was knocked for a loop by BP. To this day I can not think of one Industry that did not feel the affect.

BP Approves over 8 Billion Dollar Payout –  Was it to the Victims of the Oil Spill?  No, it was to it`s Shareholders.  It is suppose to be paid out in the next 12-18 months, that`s a whole lot faster then it got the money to the Victims of the Oil Spill. This is typical of how BP thinks, putting their own in front of what should be a priority of the majority.

IF a deal is cut between BP and the PSC and approved by the Judge, or if it is approved by the Courts, any of the below Industries could be out of the Settlement, if they have not yet filed with the Deep Water Horizon Settlement. If you have filed with the Settlement, you are grandfathered in so to speak.

My thoughts, and I am not a lawyer, is I would make sure that my BP Settlement Claims got filed ASAP.

The Hearing on  “BP’S EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION AGAINST THE CLAIMS ADMINISTRATOR AND SETTLEMENT PROGRAM TO ENJOIN PAYMENTS AND AWARDS FOR BUSINESS ECONOMIC LOSS CLAIMS BASED ON FICTITIOUS “LOSSES””  is scheduled for April 5th.

We feel time is of the Essence to get Claims in that could be Excluded, into the BP Settlement, so they are grandfathered in.

BPClaims.org Brings Out The Big Guns

If you fill out the form to the Right, we will make sure large business claims go to  Groups that have numerous CPA`s, and are the leading Firms handling BP Claims in the country. They are not  law firms, though they do work with them, and other CPA firms. They typically charge 15% for assisting you with your claim.

We will be handling the smaller business claims in house.

These Firms have compiled the best talent in the industry.

In my estimation, they believe in Performance not Promises, I am proud to say they are some of the most integritous groups  I have met in my experience trying to assist people throughout this event.

We think this will be the most efficient way to bring in as many claims as possible before certain claims are possibly excluded. A hearing date is scheduled for April 5th.

As I understand the Groups BP are trying to Exclude can be found below.

Recently I also heard Realtors were on the list, please don`t take this list as the Gospel, but I believe it is accurate.

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

Vegetable and Melon Farming

Potato Farming

Other Vegetable (except Potato) and Melon Farming

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

Greenhouse, Nursery, and Floriculture Production

Mushroom Production

Other Food Crops Grown Under Cover

Nursery and Tree Production

Floriculture Production

Other Crop Farming

Tobacco Farming

Cotton Farming

Sugarcane Farming

Hay Farming

Sugar Beet Farming

Peanut Farming

All Other Miscellaneous Crop Farming

Animal Production

Cattle Ranching and Farming

Beef Cattle Ranching and Farming

Cattle Feedlots

Dairy Cattle and Milk Production

Dual-Purpose Cattle Ranching and Farming

Hog and Pig Farming

Hog and Pig Farming

Poultry and Egg Production

Chicken Egg Production

Broilers and Other Meat Type Chicken Production

Turkey Production

Poultry Hatcheries

Other Poultry Production

Sheep and Goat Farming

Sheep Farming

Goat Farming

Aquaculture

Finfish Farming and Fish Hatcheries

Shellfish Farming

Other Aquaculture

Other Animal Production

Apiculture

Horses and Other Equine Production

Fur-Bearing Animal and Rabbit Production

All Other Animal Production

Forestry and Logging

Timber Tract Operations

Timber Tract Operations

Forest Nurseries and Gathering of Forest Products

Forest Nurseries and Gathering of Forest Products

Logging

Logging

Support Activities for Agriculture and Forestry

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

Support Activities for Animal Production

Support Activities for Animal Production

Support Activities for Forestry

Support Activities for Forestry

Construction

Construction of Buildings

Residential Building Construction

New Single-Family Housing Construction (except Operative Builders)

New Multifamily Housing Construction (except Operative Builders)

New Housing Operative Builders

Residential Remodelers

Nonresidential Building Construction

Industrial Building Construction

Commercial and Institutional Building Construction

Heavy and Civil Engineering Construction

Utility System Construction

Water and Sewer Line and Related Structures Construction

Oil and Gas Pipeline and Related Structures Construction

Power and Communication Line and Related Structures Construction

Land Subdivision

Land Subdivision

Highway, Street, and Bridge Construction

Highway, Street, and Bridge Construction

Other Heavy and Civil Engineering Construction

Other Heavy and Civil Engineering Construction

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

Building Equipment Contractors

Electrical Contractors and Other Wiring Installation Contractors

Plumbing, Heating, and Air-Conditioning Contractors

Other Building Equipment Contractors

Building Finishing Contractors

Drywall and Insulation Contractors

Painting and Wall Covering Contractors

Flooring Contractors

Tile and Terrazzo Contractors

Finish Carpentry Contractors

Other Building Finishing Contractors

Other Specialty Trade Contractors

Site Preparation Contractors

All Other Specialty Trade Contractors

Professional, Scientific, and Technical Services

Professional, Scientific, and Technical Services

Legal Services

Offices of Lawyers

Offices of Notaries

Title Abstract and Settlement Offices

All Other Legal Services

Accounting, Tax Preparation, Bookkeeping, and Payroll Serv’s

Offices of Certified Public Accountants

Tax Preparation Services

Payroll Services

Other Accounting Services

Architectural, Engineering, and Related Services

Architectural Services

Landscape Architectural Services

Engineering Services

Drafting Services

Building Inspection Services

Geophysical Surveying and Mapping Services

Professional Services

Surveying and Mapping (except Geophysical) Services

Professional Services

Testing Laboratories

Professional Services

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

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

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

Health Care and Social Assistance

Ambulatory Health Care Services

Offices of Physicians

Offices of Physicians (except Mental Health Specialists)

Offices of Physicians, Mental Health Specialists

Offices of Dentists

Offices of Dentists

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

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

BP Settlement News

The BP Settlement and Individual Claims

bp settlement  We have been in touch with Attorneys that have asked us to take over their individual claims, if the claims have merit, we will take them over. We think that individual claims have languished until lately in the BP Settlement. We have seen an influx of them get paid however, and that is something I think we are all happy to see. The claims are averaging between 1k-6k, not a lot but it is a start. We will be taking on these claims between 15-25% depending upon the level of work involved.

BP Business Claims and appeals

We have seen a variety of Business Claims get paid, some of them will be heading towards appeal as their  locations should have made them tourism based, but they were labeled non-tourism due to NAICS codes greatly impacting their awards. If you are finding that you need to appeal your claim, please don`t hesitate to call us and we will see what we can do. For many the ” Customer Mix Test ” is also coming into play more often and for many Business Claims it makes it about impossible to get through that final hurdle.

It is strongly recommended that when one starts their Business Claims for the BP Settlement they need to know exactly what they are up against and what type of scrutiny they will encounter under the terms of the DeepWater Horizon Settlement Agreement. We also think that instead of the Settlement Fund handing out incompleteness notices they furnish the claimants and claims preparers with one check list so that the claimant can figure out if they can even provide the documentation that is needed.

BP Medical Claims

The Judge has signed off on the Medical Settlement, we are now taking on those claims and preparing them for presentation. If you have a medical claim, please don`t hesitate to call us at 1-800-BP-CLAIM or fill out the form to the right.

BP VOO Settlements

We are still seeing these claims get processed faster then any of the others, yes we did get an offer in less then 5 days recently, and it was subsequently paid in a matter of about 2 weeks.

BPClaims.org gets Automated

Over the last several months we have been working on a system that would allow users to upload their own documents, about 2 weeks ago we initiated the system, and it has seen great success, it allows us to process your claims with more expedience, and it allows the individual or businesses to upload BP claims at their own pace. It has greatly increased the number of claims we are uploading to the DeepWater Horizon Settlement. Since revamping this has also allowed us to pay more attention to customer service, when you call you will get to one of several people who will be able to tell you exactly where your claim is in the system, and what exactly you need to finish processing your claim.

The BP Settlement and More

The V Trend Explained

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

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

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

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

BP Settlement Zones

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

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

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

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

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

BP Business Claims

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

Why some Claims have Languished

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

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

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

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

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

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

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

BP Settlement Solutions

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

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

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

Neither gets paid until you do.

Again the decisions are yours.

We will help you with your BP Settlement and Beyond.

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Best of Luck to All.

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

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