Tag Archives: gccf denied claims
Judge Barbier Approves the BP Settlement
If you follow the doomsday theorists, 12/21/12 was suppose to be the end of the world, well, not really, it was the first day of the official BP Settlement. Any connection, probably not, but Judge Barbier did lay a compelling and substantive case as to why The DeepWater Horizon Settlement should move forward. You can read it for yourself here.
There are issues with the settlement, but the fact of the matter is we all just want to see people and businesses get paid, and this is what we have to work with. There was a lot of interesting information in the 125 page document. Most compelling was the Judges rebuttals of the numerous objections raised. The Judge provided his thoughts in great detail as to why he thought certain objections did not have merit, or were basically outweighed for numerous reasons, citing a variety of case law.
I still believe there are issues with the Customer Mix Test and NAICS codes, but much of that can be handled with an Appeal, and we will all see how those Appeals are handled. If David Duval who heads up the BP Settlements Appeals division can get adequate compensation for the BP Settlement Claims that deserve it, and if he is given some latitude in correcting NAICS codes and other assorted anomalies, then I think the BP Settlement is a strong substitute for litigation. We will see how this aspect of the process unfolds, and how much leeway he and his Team are given. There is a lot riding on this aspect of the DeepWater Horizon Settlement Structure.
Seafood Compensation Program (You have 30 Days)
Under the terms of the BP Settlement, people that are taking part of the Seafood Compensation Program only have 30 Days after the Judges approval to present their claim to the DeepWater Horizon Settlement Fund for Approval. That means the clock is ticking and if you haven`t filed yet, you need to.
BP Settlement Numbers
91,000 people had so far filed with DeepWater Horizon Settlement Fund. They expect that number to hit over 1,000,000, hopefully many more will come to the table now that the Judge has formally approved the BP Settlement.
Excluded Claims Have Until January 19th to be Presented to OPA
If you were excluded from the BP Settlement you must have your claim filed by January 19th. That means you need to act now, to protect your Rights. We have people that can Help You.
These types of businesses and their employees that are for the most part Excluded from the Settlement.
- 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.
GCCF Denials and Stalled Claims
If you had filed with the GCCF and been denied or been stalled, there is still hope for your claim under the BP Settlement. For all of its flaws, and it still has a few, in this writers opinion it is a whole lot better then what the GCCF was under Mr. Feinberg. It is transparent, it has a clear methodology, and it is not arbitrary. The folks that run the DeepWater Horizon Settlement want to pay you, and many claims that were shunned by the GCCF are welcomed under the terms of the BP Settlement.
Multiple Store Locations
We have seen a tremendous growth in Companies with multiple stores, in multiple locations, making BP Settlement Claims with us as of late. These claims have a different parameters to meet, as they are often located in a number of different Settlement Zones, often with a Headquarters that is not located in any of the Settlement Zones. We have seen an influx of Real Estate Companies, Restaurants, and assorted other Franchises ask us for assistance, we have a separate Division specializing in assisting these entities.
We have had great success in getting VOO Claims through the system. We have even gotten them through after BP has appealed them. We have heard that BP is appealing them at a more frequent rate, and we can help you, we have gotten some through in as little as 2 weeks.
What will we See Next
Now this part is pure conjecture mixed with some facts, I am not an Attorney, but we are pretty involved in all of this, and I think we have a good read, and some inside track to what will happen next.
- The DeepWater Horizon Settlement Fund will pick up speed processing claims.
- More Staff will be hired to necessitate the above.
- More Individuals will begin to see their claims get Paid.
- More Claimants will come to the Table.
- Some Latitude will be given to the Appeals Division for NAICS code issues
The BPClaims.org Network
I am so proud of all of the people that make up our Internal Staff, I have never met a group of people that really put the Claimants welfare at such a high paramount. It is all working as intended, and this could not be done without your continued vigilance on the claimants behalf, and the compassion that you all have displayed over the last couple of years. As we have begun to add more staff, and create different Divisions, I am sure this trend will continue.
Partners within the Network have all displayed similar characteristics, and have been working 7 days a week to meet the Claimants needs.
We process your BP Settlement Claims for as little as 15% without using Attorneys, and slightly more if they are needed.
The Top 7 Reasons why BP Claims get Denied or Delayed
Most of these are curable and shouldn`t have happened if prepared properly.
7. Category Denial. Being an Oil Rig Worker/Oil Spill Clean Up Worker/government employee
6. Deficiency Denial. Failing to provide needed information within the 30 day expiration period.
5. Deficiency Denial. Failing to provide income data and not submitting evidence before the 30 day expiration to cure the deficiency.
4. Deficiency Denial. Failing to provide evidence of employment/business at the time of the Spill.
3. Trending Failure. The business demonstrated a Post-Spill economic gain.
2. Reviewer Error. An error is made by the reviewer while processing. This often happens if the claims is not formatted in an understandable manner.
And the number 1 reason for denial of GCCF claims……
1. CAUSATION, CAUSATION, CAUSATION.
All of these reasons are valid for getting your BP Claims Denied. For the most part they are also curable. This is why we have assembled a Team of BP Claims Experts to help you with your BP Claims. Some BP Claims are best handled by Consultants and Adjusters that can cure deficiencies with your GCCF Denied Claims, while in other instances you may need an Attorney to help you get through causation or category issues. As the BP Claims process has evolved so have we, we will continue to evolve as needed. Whether it is a consultant or an Attorney or a combination of both, we will help you with your BP Claims.
BP Claims in the News
The GCCF has been in the news lately, it has shown it`s contempt for accountability and the transparency that it once promised. Jim Hood The Attorney General from Mississippi is holding their feet to the fire, and just won a legal victory by getting the Hearings for his audit moved to the State Court of Mississippi. He has been trying since February to audit the Mississippi BP Claims, Ken Feinberg made promises of transparency, but is hiding behind legal wrangling, trying to delay the inevitable. Promises were made, and promises continue to be broken by Ken Feinberg and the GCCF.
How we Handle your BP Claims.
When you fill out a free case review for your BP Claims, we put that information in the hands of the best Team member that can best facilitate your claim getting paid.
We are not aligned with one particular Law Firm or Consultant/Adjuster s firm. We simply want your claim handled by the best group for your particular case.
Think about it this way, do you want the same firm that is handling your business claim, also handling your medical claim, probably not.
Some of our Team members are Large Loss Experts, and have gotten millions in BP Claims paid, others specialize in BP Restaurant Claims , while others specialize with Causation issues, Denied BP Claims, and claims Stalled at the GCCF. Team members range from Claims Consultants and Adjusters to Attorneys that have been up against BP before, and won the largest awards that BP has ever had to pay out. The results have been impressive, lately we are getting BP Claims paid that are organized and calculated properly in record time.
Claims preparation and presentation to the GCCF starts at just 15%, if an Attorney is needed representation starts at just 25%. All fees are paid on a contingency basis, they don`t get paid until you do.
We can Help you with your BP Claims.
GCCF is still up to it`s Dirty Tricks
The GCCF most often stalls claims by mislabeling documents inside your claim, often people are given deficiency letters for documents the Gulf Coast Claims Facility already has. They have been doing this for some time. The GCCF has also been making ridiculous Quick Pay offers to many businesses that suffered much more substantial losses. GCCF Denied Claims are also on the rise.
GCCF Stall Tactics
While the Gulf Coast Claims Facility and BP are supposed to be making everything right it also seems they are in the business of trying to frustrate people who have legitimate BP Claims, and hoping they will just go away. This is a tactic that is used by unscrupulous insurance companies and it does work. The GCCF often mislabels documents within their file for your claim, then you are given a letter of deficiency and many find themselves sending in the same paperwork they all ready have sent to cure the deficiency. The GCCF is also slow to process claims, they have a history of telling people that your claim has gone to the next level, and saying everything looks good for it, but when it goes up the chain, you are asked to wait for more determinations, we have also heard of GCCF Claims that have gone to the accounting department and claimants are told the check is forthcoming, only to get denied or asked for more information. For many it is like being a hamster in a wheel, running fast to go nowhere.
GCCF Quick Pays are Preying on the Desperate
The Gulf Coast Claims Facility has been making ridiculous offers for BP Business Claims, and the 25k offers that many are seeing from the GCCF are often just a fraction of what is owed to the claimants. One of our BP Claims Adjusters recently had an offered increased by over 1500%, that`s right 1500%, it was a battle with the GCCF, and it got paid. This is an important point, you need a firm that will FIGHT for your money, not let the GCCF tell them what you should be paid. If you have a received a Quick Pay offer members of the BP Claims Team will check it out at no charge, and tell you what you are actually owed.
The BP Claims Team is getting GCCF Claims Paid
Members of the Team are fighting for your BP Claims money and they are doing a great job. If the Gulf Coast Claims Facility makes you an offer, get it checked out , members of the Team will do it at no charge. If they can get you more they will, and they have. Many Claims are settled for 15% of what Team members receive for you from the GCCF. If your claim was denied or if you have not filed one we can help you.
GCCF Delays and BP Claims
BP Claims get Shortchanged
After the devastating effects of the BP oil spill last year, the BP claims process was supposed to cure any financial ills of the individuals and businesses affected. The BP claims process is run by the Gulf Coast Claims Facility and Ken Feinberg, it has been sorely lacking when it comes to paying BP claims in a timely fashion. Many claimants are desperate, as their home are being foreclosed, and vehicles repossessed. Many claims that have been at the GCCF have been outrightly denied after jumping through many hoops and after giving the GCCF all of the documentation needed. Many business owners and individuals have not received any money since the GCCF took over the BP Claims process from BP.
The BP Claims 25K quick pay
It seems as though that many businesses are being offered $25,000 when their loss is much more substantial. We have been receiving phone calls from business owners and individuals that filed their BP claims last year that still have not gotten paid. Recently however we have seen a number of offers made to these businesses in the amount of 25k. These were unsolicited offers by the GCCF, in one instance a Lodge owner on Grand Isle who has a large fishing camp, and was owed over $700,000 by the GCCF was made a settlement offer of 25K. He had been waiting for over six months to receive his oil spill claims money only to receive a 25K unsolicited offer from the GCCF and Mr. Feinberg. If he accepted the 25K offer, he would be giving up his right to sue BP for any future damages, his business was clearly affected by the BP oil spill as it catered strictly to fisherman and corporate retreats that would take place at the Louisiana Fish Camp. It is astonishing that BP and the GCCF have would make such a low offer to a business that was so clearly affected by the BP oil spill
BP Claims Help
We can help you get the help you deserve for your BP claims, if you feel that the GCCF owes you more then the 5K or the 25K Quick Pays, fill out the form to the right. We have aligned ourselves with the best BP Claims Adjusters, and BP Claims Attorneys in the country, they can help you with you claims. If your claim is still at the GCCF, members of our team can go into your BP Claim while it is still sitting at the GCCF. If your claim has been denied and many have, team members can organize your claim and recalculate your claim all while still at the GCCF. If you have yet to file your BP claims and you would like help from the beginning, in organizing and presenting a claim to the GCCF we can do that too. If all avenues have been exhausted BP claims Attorneys can prepare for litigation.
GCCF`s New BP Claims Delay Tactic
The GCCF`s new tactic to delay your BP Claims is called the Deficiency Notice. After speaking with 4 business owners last night, they ALL had just gotten deficiency notices for their BP Claims. The Business Owners had already provided the documents that the deficiency notice said were missing from their files. The documents were never missing from their files, but the GCCF said they were, and they could not process their BP Claims. Again their BP Claims were delayed.
BP Claims Mislabeled
One of the individuals who owns a good size business decided to go down to his local GCCF office and talked to them directly about his BP Claims. He had spoken to this person before and she went through his file with him standing right there. After going through the file they found the documents the GCCF said were deficient. The documents were there, they were just mislabeled. His BP Claim was then sent to a Claims Review Specialist. The new Claims Review Specialist has given his claim a new number, and can now look up all the pages in his BP Claims to finally make a determination on his claim. He was told that he would have an answer shortly regarding his BP Claims.
BP Claims Pattern
After making four phone calls yesterday to follow up with people, they all had the same exact story about their BP Claims. Coincidence, I don`t think so. The GCCF is pulling out every tactic it can to delay your BP Claims. Mislabeling documents that have already been sent in might happen once in awhile by careless processor, but not four follow up phone calls in a row. Has the GCCF mislabeled BP Claims documents intentionally, only to buy more time and frustrate the people in the BP Claims process, I think so. This is just one more road block that the GCCF is using to frustrate and delay people from receiving their BP Claims money, and hoping they go away.
BP Claims and how to get Paid
You can make BP claims with the Gulf Coast Claims Facility created by BP and Ken Feinberg, who promised to ” Make it Right.” They also said your BP Claim would be handled within 90 days after the Emergency Claims deadline of November 23, 2010, but many who filed right after the deadline are still waiting. It is mid-June now and individuals and businesses have been waiting 9 months for their BP Claims money, only to hear we need more documents or their case is under review. Even worse, many people waiting for their BP Claims money, were told they were denied or simply offered the 5k quick pay for individuals or the 25k quick pay for businesses as long as they agreed not sue BP.
The best results I have seen for people going through the BP Claims process has been to hire a BP Claims Attorney. Instead of the GCCF being able to use bullying tactics, good oil spill attorneys will handle them for you. Instead of being offered for 1- 2 years of losses from BP, which I still have not heard of happening, oil spill attorneys will ask for 3-5 years of losses and handle negotiations for your BP Claims money for you. They will also push for interim payments so that you have some time to evaluate the true impact of the oil spill on you or your business. Many interim claims payments have been accompanied by final settlement offers. It is up to you to accept or reject your final BP claims settlement.
If your BP claim was denied, it may be a blessing in disguise, as you probably have all of your paperwork available, and when you give it to an Attorney they may be able to point out that you should have filed multiple BP Claims, or other things you may have overlooked. Having all your documents in order will certainly expedite your BP Claims.
BP Claims: How Long does it Take
If you are still waiting for the GCCF to “Make it Right,” your BP Claims money may have to wait until February of 2012 when the litigation is scheduled to begin. They may make an offer between now and then, but I would not bet on it unless it is a quick pay, or a low ball final settlement. Now mind you the GCCF could have a change of heart between now and then, and become immensely fair and truly try to make it right, but again I wouldn`t bet on it; it just doesn`t fit the present corporate culture when it comes to handling BP Claims.
BP Claims Attorneys that we have connected with have gotten their BP claims paid within 2 months recently. These attorneys know how to deal with the GCCF and they know how to organize your BP Claims and maximize your BP Claims. They are also quick to point out that you and your family or business may have multiple BP Claims. There is also an accelerated BP Claims process that I have been recently told about that helps large employers avoid laying off employees. Though there is no set time table to get your BP Claims paid, it does seem attorneys get them done much faster.
BP Claims: The Trickle Down Effect
If large segments of a community lose the ability to work, it’s natural that they stop spending money for other things. If they had received BP Claims money from the beginning it would have encouraged spending in those areas. Instead, businesses and the employees that work in those businesses bore a large brunt of the economic hardship and often the BP Claims process tries to overlook them. Beauty parlors, lawn services, general contractors, restaurants, many in the service areas of the Gulf economy were severely impacted by the Gulf Oil Spill. Any non-essential business was hit hard when people stopped spending in the Gulf Region, though BP has made it difficult for many in these businesses to file BP Claims, often citing that there is no correlation between the spill and the economic downturn, though we all know differently. The Oil Spill did have a direct economic impact for many and they should be compensated through the BP Claims process.
BP Claims: The Fox and the Hen House
We have seen an uptick in BP Claims offers being made to Individuals and Business`s in the last week, however we have also seen a large number of denials of BP Claims that looked like they should have been paid. If you read this blog you know we follow the BP Claims process very closely. Though we did see offers come in to a few in the construction field, and the fishing industry, many of the other Individual and Business BP claims were denied for a lack of paperwork, or proof of loss. Other offers that came in were traditionally a little less then half of what was being asked for, some were just absurd and look as thought they are heading towards litigation.
It`s really a shame that many people were again told your claim is under review for 7 months, only to find out it was denied. The BP claims process has been mishandled from the beginning by Ken Feinberg and BP. Mr Feinberg wanted you to believe he was independent, it took a court ruling from Judge Barbier to stop him from saying that. A recent report blasted Obama for not taking a more active role, and leaving Feinberg in charge. The BP Claims process very much reminds me of the old adage the fox is guarding the Hen House.
BP Business Claims: Has your Company Lost overall Value
“All businesses are valued based on a number of factors, but the factors that matter the most are cash flow and risk,” For smaller businesses, cash flow is typically defined as a form of adjusted profit, like Seller Discretionary Earnings. The BP claims process has no clear cut methodology for the consideration of a Business`s overall loss of value.
Evaluating a BP Business Claim for loss of value may involve multiplying the adjusted profit of the business times a multiple. For example, assume a fish processing plant nets $1 million in profit per year, and then assume fish processing plants sell on an average of three times the profit. This company would be worth an estimated $3 million. Now assume that post-oil spill, this same company is expected to net only $250,000 per year for the foreseeable future. The value of the fish processing plant, based on an income approach, is now three times $250,000, or $750,000, a loss in business value of $2.25 million dollars.
Forensic accountants involved in the BP Claims process often use this formula, coupled with other formulas to figure the true loss of a business that was damaged by the Oil Spill. The more documentation that can be gathered to support your BP Claim, can help you substantiate your loss. Many experienced BP Claims Attorneys have Forensic Accountants on staff.
BP Claims and what to do Now
With BP trying to mitigate it`s damages and it`s overall lack of consideration to those affected, it is my personal opinion that the best thing you can do is to find a good lawyer who has had success against BP, or at least understands the GCCF process and has gotten their clients paid. We have connected with those attorneys, and they have gotten results for people and their BP Claims.
If you Google BP Claims the first ad you will see is a paid ad from BP,
Visit BP’s Claims Page & Learn How To Make A Claim Without A Lawyer
So lets think about this, the company that has left the majority of Gulf Coast Residents in economic collapse, say`s you can make your claim without a lawyer, and you can, And you can wait to hear hear the words “under review.” This should actually be BP`s slogan, Your claim is under review, while your house gets foreclosed on, your business is forced to close, your car is repossessed, your family disintegrates, the kids are forced to live with Grandma and Grandpa, and there is no food in the fridge.
The GCCF to Settle Some BP Claims in Mass
I have been informed by several large firms that they are in discussions with GCCF and BP Claims Representatives. They are preparing to settle their entire case loads, or blocks of them with the GCCF. We are in constant contact with these firms, and can help you get your BP Claim included in these settlement proceedings. That being said there are no guarantees, but if you are serious about settling your BP Claim and you are tired of being put on hold by the GCCF, now is the time to fill out our Free Case Review Form. The BP Claims process has been a nightmare for many, they have strung out so many for so long, with no end in sight, only to keep telling people, your BP Claim is being reviewed. This is just a tactic by the GCCF to get you to give up on your BP Claim, or accept a token offer.. I have been telling you all for weeks that the GCCF was getting ready to settle out BP Claims in blocks or the Attorneys entire case load, well the time has come to get paid for your BP Claims.
You may have Multiple BP Claims
What many people failed to realize is that they were also able to file several different BP Claims with the GCCF. For example if you had a business, a few pieces of real estate, couldn`t find other work, participated in the VOO program, you would have multiple BP Claims. The GCCF does not want you to recognize this. It is important for Business`s and Individuals to recognize and relate each area where the Oil Spill cost them money. If you are a restaurant and the oil spill caused a rise in seafood prices, as was the case as much of it had to get shipped in, besides just loosing customers, you also had your costs rise, how long will that go on for. Lets say that restaurant also owned the building, and the land it sits on, that`s another BP Claim.
Denied BP Claims
If your BP Claim was denied, it is not the end of the world. The good news is you probably have all your paperwork together or at least the bulk of it. The Attorneys we have connected with can help you organize your claims. I have been hearing from 100`s of people who worked next to people who got paid, yet they were denied their BP Claim. This shows the inconsistency of the GCCF and the BP Claims processes. The GCCF most often strung these people along, again saying your BP Claim is under review, or we need more documentation. Then out of the blue many went to their mailbox, or checked their BP claims status online only to find out they had been denied.The BP Claims process has been anything but fair, and the Attorneys we have connected with understand that. It is time to get your BP Claims paid and the time is NOW.