Tag Archives: judge barbier
BP Business Claims Halted for Calculation Reviews
The 5th U.S. Circuit Court of Appeals in New Orleans directed Judge Barbier, to halt payouts on some BP Business Claims. BP asked the court to make the halt because they believe the Deepwater Horizon Claims Administrator, Patrick Juneau, has misinterpreted the settlement agreement and has been calculating business claims incorrectly.
Until recently, BP has unsuccessfully attempted to get the settlement agreement rewritten. On October 2nd, they were finally able to get business claim payments frozen so that the accountant calculation methods can be reviewed to make sure that Juneau is closely following the language of the settlement agreement. BP believes the current calculation methods allow claimants to receive payments that are too large, and that payments are being made to businesses that were not affected by the oil spill. BP wants businesses to submit their financials on an accrual basis for BP business claims. This is not required under the settlement at this time. They are concerned that revenues should be reported on accrued basis and not when payment was received.
In October BP had questioned the settlement in regards to how they are processing cash based accounting claims. Because the settlement does not specify that a certain accounting method must be used they have always accepted whatever the claimant had consistently used. BP did not file any complaints at that time. Again in November BP supported the final approval of the settlement guidelines and seemed to be happy with the way claims were processing. They signed this document and should not be able to add or take away from it. In December BP started expressing their concerns to the Administrator. After two failed attempts to change the settlement BP has gone to the Appeals court. On October 2nd they finally won and the settlement is being looked at again.
I believe that if we re-write the already signed and executed settlement we are opening a can of worms that could potentially cause even more delays in settlements being paid. If BP gets the chance to change the settlement then someone needs to be fighting to get the dreaded and impossible customer mix test thrown out. If businesses are going to have to go and change their accounting from cash to accrual basis then will they still be considered contemporaneously kept documentation? If BP gets the chance to spread income over a period of months does that mean people can take their yearly income and expenses and divide them by 12 to complete their profit and losses? Why does BP get to rewrite the settlement and retail stores and restaurants who are obviously tourist driven fall short of qualifying due to the fact they cannot account for 100% of their income by name and address?
BP has yet again figured out a way to screw the Gulf Coast residents, delay payments and earn a little extra interest on the funds that still have not been paid out to those who deserve it. BP should be stuck with what they signed and shame on the appeals court for allowing them to weasel more time to delay payments.
BP has won this round, but in the end, the people of the Gulf who were so devastatingly affected should receive the payments they deserve.
Although this is bad news for some claimants, we believe people that were not affected by the spill should not be able to receive compensation. As much damage as BP has caused, we know that some claimants and attorneys are working the system for all its worth.
For more information go to our Facebook Page.
What does this mean for existing BP business claims?
We don’t know yet exactly what the new calculation changes are going to be, but we do know if given the chance BP will continue to try and change things to help themselves not the Gulf Coast Residents they screwed over three years ago. We will all have to wait and see what BP, the Plantiff Steering Committee and Juneau come up with next.
By: W.C. Bohack
Judge Barbier and BP Appeals
Too often lately, people have questioned, are we at BPClaims.org associated with the DeepWater Horizon Settlement Fund because of our stance that the folks who run the fund, and the Judge are actually not in BP`s pockets, and are actually doing battle for you the people.
We aren`t, if you look at past posts we have blasted Feinberg, pointed out the errors of the new fund, specifically a processor we don`t hear much from these days, and aggressively pursue what we think is the TRUTH.
This is the TRUTH. The new leadership of the fund and the Judge are doing the next right thing on a regular basis. Is the system perfect, hell no, but people within the Fund and the Judge are doing their best to get you paid, as BP has tried their best to put up road blocks.
Their Latest road block has been putting BP Claims into Appeals.
Tonight The Judge put forth an Order to STOP that. Here is the important part.
IT IS ORDERED THAT:
1. Upon the filing of an appeal pursuant to Section 188.8.131.52 of the Settlement Agreement, BP shall clearly and specifically designate in the Reason for Appeal section of its BP Portal that the appeal is based only on one or more of the legal issues previously decided by the Court and as referenced in this Court’s Order of April 9, 2013.
2. The required designations to be provided by BP shall use the following specific language regarding the three legal issues referenced in this Court’s prior rulings:
(a) “Contributions/Grant Revenue for Non-Profits issue;”
(b) “Alternative Causation issue;” or
(c) “Matching of Revenue and Expenses issue.”
3. For any appeals so designated, such appeals are hereby denied based on this Court’s prior rulings. The Claims Administrator is instructed to refrain from issuing the Notice of Appeal, which would otherwise trigger the further appeals process, and the Claims Administrator is to refrain from assigning such appeals to an Appeal Panel. The Claims Administrator is instructed to proceed with final processing of such claims and issuing payment in accord with the terms of the applicable Eligibility Notice.
Case 2:10-md-02179-CJB-SS Document 9538 Filed 04/24/13 Page 3 of 3
4. Processing of claims pursuant to this Order shall not constitute a waiver of any rights that BP may or may not have with respect to further review of the underlying legal issues.
Signed in New Orleans, Louisiana, this 24th day of April, 2013.
______________________________ CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
So What Does This Mean
It means the Judge is not going to let BP Appeal Claims, so they can stall paying you, when your claims meet the above requirements. This has been going on for awhile now, and it is BP`s latest stall tactic, and the Judge just took it away, by a court order.
It means faster pay outs, it shows what I have been trying to tell ya`ll for months, and it puts BP on notice, The DeepWater Horizon Settlement, and the people running the show are not to be trifled with, and they ALL have had enough.The fact is they want to pay you, and will, if your claim is prepared properly. The sad fact is, most are not.
BP needs to STOP with the gamesmanship, and start paying claims. Stall tactics through the Appeals system run by David Duval, that will only tax the resources of the Deepwater Horizon Settlement will not be tolerated.
How to Get Paid
Fill out the form to the right, and we will help you. We have the Best Groups in the Business GETTTING CLAIMS PAID and they work with us, and they can work with you. Whether your a business, an individual, a Law Firm or a CPA Firm, the Firms that are a part of our NETWORK are hands down, the best in the business, and they will help you, or your clients.
We can Help You with:
- Business Claims
- Individual Claims
- Appealed Claims
- Medical Claims
- Property Claims
- Denied Claims
- Old Claims from the GCCF
- Claims that need to be Appealed
It has been our intent from the beginning to do one thing, and that is to get you paid.
We have been here since the beginning, we know the pretenders and the performers. If you need HELP it is truly only a click away.
God Bless and Be Well.
Judge Barbier stuck to his guns today and dismissed BP`s objections to how the Claims Administrator ( Pat Juneau ) was administering the BP Settlement process. If you follow our blog this is exactly what we had predicted.
BP is expected to appeal to the 5th circuit, where once again they will most likely not find any relief, why, because they signed the BP Settlement, and they will not be allowed to rewrite it.
Pat Juneau is doing an excellent job administering it, and everyone knows BP is just out to save money.
BP was trying to change the Settlement so they did not have to pay people in the following Industries.
- Construction Industry
- Agriculture Industry
- Professionals such as Lawyers, CPA`s, and Doctors
- and more, its a long list, etc., etc., etc.
The BP Settlement is what it is, consider it etched in stone, and if you meet the terms of the Settlement you will get paid.
Judge Barbier also commented on BP suing Pat Juneau for doing his job today. He said, “As a matter of law, how can a claims administrator be in breach of his contract if all he’s doing is applying it as he believes it should be applied, and now as ordered by the court?” Barbier asked. “How can that possibly be a breach of contract.”
We applaud the Judge for sticking up for the people and the Claims Administrator today.
Incomplete BP Claims
The biggest issue many have had is presenting a proper BP Claims package to the DeepWater Horizon Settlement Fund. This results in the majority of incompletes.
There have been other issues that we hear about on our facebook page of people getting incompletes for information that is already in the claim package, we heard of that more frequently about 6 months back, but evidently there still may be some issues, however we hear about this far less frequently now.
Some of this has been learning curve issues for those of us in the processing business, but after getting a number of successful claims through, we pretty well have this down to a science.
What people who handle their own BP Claims fail to realize is that when you handle literally hundreds or thousands of claims, as we and our strategic partners do. We build relationships with the people processing the claims, we have Liaisons CPA`s, and processors, that all work within the DeepWater Horizon Settlement infrastructure, and quite often instead of getting Incomplete notices we get a phone call or an email, letting us know what we have to adress. This saves time, and frustration.
Liens and Lawyers
The Judge also admonished a few attorneys today for putting liens on BP Settlement Claims. We have been hearing a lot about this recently. If an Attorney has put a lot of time into a file, and the person decided to go elsewhere, the Attorney may elect to put a lien on the file. That is understandable, what is not understandable is when you may have engaged them but never gave them any information and they try to put a lien on your file for 25%. It gets even crazier when the client claims he never even engaged the Attorney, but the Attorney is still putting a lien on their file, and that has happened.
AR1`s help clients move from one firm to another
There is an apparatus in the DeepWater Horizon Settlement that deals with the lien issues, we will probably see this come into play more often in the near future. There is also a form known as an AR1 that allows clients to move from one attorney to another, or from an Attorney to a processor, or vice versa. Ar1`s have made moving claimants from one firm to another much easier.
Our BP Settlement Team
We have compiled the best talent for filing BP Settlement Claims in the Country, we have:
- Large Loss specialists that work on large corporate claims
- we have Business Claims specialists
- Individual Claims experts
- and a group specializing in Medical Claims that will get qualified clients to a Doctor
- BP Appeal Attorneys ( read below)
We also have Attorneys based in New Orleans that are specialists in handling BP Appeals, BP Settlement Appeals are on the upswing, and having a great group of Attorneys specializing in this, is a new and needed part of our Network.
As always we will help you with your BP Settlement and Beyond.
The BP Settlement lifts Stays
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
BPClaims.org and the BP Settlement
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
Oilseed (except Soybean) Farming
Dry Pea and Bean Farming
Oilseed and Grain Combination Farming
All Other Grain Farming
Category 1112 – Vegetable and Melon Farming
Other Vegetable (except Potato) and Melon Farming
Category 1113 – Fruit and Tree Nut Farming
Citrus (except Orange) Groves
Berry (except Strawberry) Farming
Tree Nut Farming
Fruit and Tree Nut Combination Farming
Other Noncitrus Fruit Farming
Category 1114 – Greenhouse, Nursery, and Floriculture Production
Other Food Crops Grown Under Cover
Nursery and Tree Production
Category 1119 – Other Crop Farming
Sugar Beet Farming
All Other Miscellaneous Crop Farming
Subsector 112 – Animal Production
Category 1121 – Cattle Ranching and Farming
Beef Cattle Ranching and Farming
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
Other Poultry Production
Category 1124 – Sheep and Goat Farming
112410 Sheep Farming
112420 Goat Farming
Category 1125 – Aquaculture
Finfish Farming and Fish Hatcheries
Category 1129 – Other Animal Production
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
Subsector 115 – Support Activities for Agriculture and Forestry
Category 1151 – Support Activities for Crop Production
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
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
Glass and Glazing 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
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
Other Accounting Services
Category 5413 – Architectural, Engineering, and Related Services
Landscape Architectural Services
Building Inspection Services
Geophysical Surveying and Mapping Services
Surveying and Mapping (except Geophysical) Services
Category 5416 – Management, Scientific, and Technical Consulting Services
Administrative Management and General Management Consulting Services
Human Resources Consulting Services
Marketing Consulting Services
Process, Physical Distribution, and Logistics Consulting 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
Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)
Research and Development in the Social Sciences and Humanities
Category 5418 -Advertising, Public Relations, and Related Services
Public Relations Agencies
Media Buying Agencies
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
The BP Settlement and the end of the GCCF
The BP Settlement should have preliminary approval on Wednesday of this week, on the whole it does do the most amount of good for the most people, however the BP Settlement could do more. It could address the people that were victimized by Quick pays, it could pay people that are upstream from the fishermen such as the processors and give them better BP Settlement multipliers. The BP Settlement under Judge Barbier could truly make it right for so many people.
This will be Patrick Juneau`s swan song, in many peoples opinion. The BP Settlement will be ran by Judge Barbier and administered by Patrick Juneau, it is called the BP Court Supervised Settlement. The BP Settlement promises transparency and quick payouts. You do not need an Attorney to be a part of the BP Settlement, though some websites out there tell you, you do, they lie.
The BP Settlement and the Gulf Coast Claims Facility
The Gulf Coast Claims Facility will be replaced by the new BP Settlement Fund. We have heard from Managers of the Gulf Coast Claims Facility that they will be leaving their jobs on June 1st to be replaced by the new staff that will be running the BP Settlement on June 4th. The infamous days of the Gulf Coast Claims Facility are almost over, leaving Ken Feinbergs reputation ever tarnished. The Delay, Deny, and Defend tactics they used were unconscionable, forcing people to take quick pays or lowered final pay outs, just to save BP money, need to be addressed in the BP Settlement, or BP Class Actions will most definitely come into play. There are people now organizing Class Actions for people who took Quick Pays, how do I know because we are one of them.
The GCCF was an Abomination
Never in the history of a disaster such as this was an organization allowed to run rampant and to take advantage of so many. Over 200,000 people took the Quick Pays, people were promised Interim Payments, but instead got bombarded by Quick Pays. The GCCF knew that many people were starving and facing foreclosures.
I never did understand why President Obama and the leaders in the Banking Industry did not put a freeze on foreclosures in the most affected areas. Instead debts piled up and the GCCF took advantage of their own Delay tactics, and as bills piled up for many, and they moved closer to the brink, they began to break out the Quick Pay schemes. People were economically forced to take them and we ALL know this as a fact.
People were told numerous times that the GCCF had lost their paperwork, only to find that often the paperwork was simply mislabeled and put somewhere else in their file, another Delay tactic.
The GCCF went on to lie to major Attorneys in the Oil Spill litigation and told them to take in all the BP Claims they could and put them into the Bulk Upload, this allowed the Attorneys to register the clients and the heads of the GCCF said they would pay these clients even though limited paperwork was on file at the GCCF.
Many people thought there claims had been filed, indeed they were, but they were not payable, we know this because we have talked with the people processing them at Brown Greer and they were laughed at and denied. It seems the GCCF would use these people as targets for Quick Pays as well. We have often heard of people that filed with Attorneys would be approached by members of the GCCF waving 5k or 25k in front of them. These people never even filed claims individually with the GCCF. It is our belief that the GCCF used the many clients that were entered into the Bulk Upload as a contact list, to hit people that were disadvantaged by the whole Bulk Upload scheme so they could be hit by Quick Pays.
It seems as though the GCCF would tell one group one thing, and another group something else, which lead to confusion and aggravation and fewer BP Claims getting paid. People signed off their rights to further sue BP, just for a quick infusion of cash. The BP Settlement has the opportunity to right the many wrongs of the Gulf Coast Claims Facility.
How can we Help you with your BP Settlement.
We have connected with Licensed Claims Adjusters that have worked in this sort of Claims arena for years, they charge 15% for your standard claims and 7.5% for large loss claims. They can help with any BP Claims you may have.
Attorneys are used when needed for the BP Settlement, but there are strategic times and types of claims that they should be called upon. There are most certainly some BP Claims that demand using an Attorney, and when needed they will be. Attorneys traditionally start at 25%.
WE WILL HELP YOU WITH YOUR BP SETTLEMENT.
BP Settlement Center to be Announced on Wednesday
We are your source for BP Settlement Center Information. We have been following the BP Settlement, and have been made aware of many of the new changes. The BP Settlement will be signed of by Judge Barbier, Monday April 16, 2012. The BP Settlement Center will be open for business in mid-May. in the mean time our staff can help you prepare your BP Settlement Claims. On average our Claims Adjusters charge 15%, but as little as 7.5% for large loss claims. If needed Attorneys will step in.
BP Settlement Center hits a Bump called Pam Bondi
The BP Settlement has been in talks for months, some politicians such as Pam Bondi the Attorney General from Florida would like to keep the BP Settlement from the public, so she can have more time to negotiate the finer points with BP and the Plaintiff Steering Committee. Any further delay in paying people, is not acceptable, even if it is well intentioned. It is my belief that the sooner the BP Settlement is made public to the General Public, if aspects of it need to be adjusted the Settlement should just be amended.
As we digest the Information from the BP Settlement Center, we will take the opportunity to prepare a true overview for you, and speak with our clients and get their perspective. Even though parts of the BP Settlement have been leaked various time over the past month, we understand that the Settlement has changed several times.
The New BP Settlement Center
The BP Settlement Center will attempt to fix the wrongs the GCCF created, it is overseen directly by Judge Barbier who has placed Patrick Juneau in charge of paying out your BP Claims. BP will not be involved as it was with the GCCF. The BP Settlement Center was created to alleviate the issues that Ken Feinberg and the GCCF created, but it does not look like it will cure the past injustices doled out by the GCCF.
We can help you figure out EXACTLY what you will be owed by the New BP Settlement Center. Our Adjusters have vast experience working under similar guidelines, they are very proficient with Business Interruption Claims and Individual Claims, They will be building and presenting files directly to the BP Settlement Center. If needed they will be handing off well built files to Teams of Attorneys that specialize in your types of BP Claims.
We can Help you with The BP Settlement Center.
BP Claims put on Hold are now Unlocked
BP Claims Attorneys heading up the Plaintiff Steering Committee for the MDL, want 6% of all oil spill claims paid to victims of The Deep Water Horizon Oil Spill in the Gulf of Mexico. The GCCF is waiting to reformulate the GCCF payments before paying ANY more GCCF claims. All oil spill claims are at a stand still. If the Attorneys who run the Plaintiff Steering Committee have their way, and according to Judge Barbier`s December 28th ruling they got it, anybody filing a BP Claim with the GCCF whether or not they use an Attorney will have to pay the 6% fee. This is bad news for 1000`s upon 1000`s of people. It is astonishing that the attorneys who are suppose to represent the people are trying to further profit at the peoples expense. For a change it is not thoroughly Ken Feinberg`s fault. After a very upsetting day for many the BP Claims process has been unlocked. Read Article
Not all BP Claims Attorneys Agree with this.
We have been receiving quite a few emails today from BP Claims Attorneys at the epicenter of the litigation today. Most are declaring neutrality on the subject of the extra 6%, and have gone on to state that this is an unusual and unfortunate circumstance. Some attorneys are just dead set against it, and we applaud them. They have also said that this is not a normal type of litigation and in most instances the members of the Plaintiffs Steering Committee usually get paid by the Attorneys that bring them the cases to get settled. Due to the nature of the BP claims process some attorneys feel that the people directly handling their own claims are benefiting by the work of the PSC Attorneys and should pay the extra 6%. Many claimants we have spoken to today are fed up with the BP claims process, and especially angry at the Attorneys involved with the PSC who are taking money out of their pockets.
BP Claims Insiders at the GCCF Report
Many of the attorneys who have filed claims with the GCCF did so without providing evidence of their clients’ claims, often this is the fault of the client for not producing the paperwork required. Now the attorneys heading up the PSC are seeking a 6 % fee for allegedly solving many of the problems in the GCCF claim process. This is absurd, especially after many of these attorneys perpetuated their clients’ problems by filing incomplete claims delaying their clients’ desperately needed rewards. The heads of the GCCF did suggest that the attorneys file all claims regardless of how complete they were, so they could potentially make offers on these claims, for the most part this has not been effective, though that could change. Individuals and businesses should have some sense of how complete their claim is, if it is incomplete they should do their best to cure their BP Claims. If the PSC is going to charge an extra 6% and if there is still 14 billion dollars to get paid out, that is over 750 Million Dollars, maybe some of that should be allocated to Claims preparers that could help people and Attorneys properly prepare their claims
Does it now cost 40% to get your BP Claims Paid: It Doesn`t have to
If the BP Claims Attorneys at the PSC are receiving 6% from the GCCF, and your BP Claims Attorney is receiving 331/3% plus other expenses for handling your BP Claims, are they in fact getting almost 40% of your BP Claims money, that seems to be the real question on everyone`s mind on our BP Claims hotline today. If your Attorney is charging you 331/3% plus other expenses, and the GCCF is deducting 6% from your BP Claims, 40% of your BP Claims money is the going to the Attorneys. Many of our Attorneys start at 25% to handle your BP Claims, and our BP Claims consultants charge 15%. That`s a savings of almost 20%-10% after the new 6% fee is factored in.
We will Help you with your BP Claims.
Punitive Damages, O.PA. and BP Claims
BP Claims Update: BP will not face claims under states law but under maritime law. The states can sue for punitive damages and negligence as well as product liability. The states law was preempted by the law governing the Outer Continental Shelf, therefore state environmental laws and penalties were excluded. The states will be able to recover their costs however for oil spill clean up. Judge Barbier also noted that BP waived the 75 million dollar cap under O.P.A. Under O.P.A. the states can recover losses due to lost profits and revenues as well as, damage to natural resources and property. If this holds true for the states, shouldn`t it hold true for the individuals and businesses that were affected in those states?
Vessels of Opportunity and BP Claims
As the fight to clean up the oil ensued last year, many fishermen were enrolled in the vessels of opportunity program, known to many as V.O.O. Fishermen and boat owners risked their personal safety and the their boats to clean up as much oil as they could out of the Gulf of Mexico. In June of last year moved by the tragic events that were unfolding I went out to Grand Isle and saw first hand what these fishermen were facing. Let me tell you it wasn`t pretty. You could taste the Corexit in the air as it was being scattered all over the Gulf by planes. BP was suppose to pick up the costs of having these men who were out to save our Gulf, and were ready 24/7, but they have not. Health issues have cropped up for many, boats rendered useless and BP is still trying to evade paying them much of what they are owed. If you were involved with this program, and need help please fill out the form to the right.
BP Claims how we can Help
We at BPClaims.org have come up with multiple solutions to help you with your BP Claims. For the last month I have been from Texas to Tampa and all parts in between working with people, testing and talking about new strategies. The idea has always been to Help as many people as possible, when you see the damage first hand and continually speak to people that were impacted by this tragedy, you just can`t sit on your hands. We have connected with Attorneys, Claims Adjusters, Consultants, and others, all with one goal in mind, to make you whole. Let`s face it the GCCF has not been the easiest to deal with, we have spotted trends, and studied their methodology, and depending on what type of claim you have, will depend on where we forward your information to. One of the most important aspects of all of this is the collection of your information, more is definitely not better. Attorneys, Claims Consultants, as well as Adjusters can help you gather it and format it so your BP Claims are better understood. We have talked to people on the inside they came to us, they are people just like you and me, but they have guidelines, and those guidelines must be met. So if you need help with your BP Claims we will put what we know to work for you, please fill out the form to the right and someone will get right back to you. As a general rule Adjusters/Consultants charge from 10-15% and Attorneys charge from 25%-33.3%.
We can and will help you with your BP Claims
BP Claims Members have Record Week
We saw more BP Claims paid this week then in any other in the History of the BP Claims Process, why is this, because the entities that make up the BP Claims Team know what they are doing. Many Team members use to work for BP or the Gulf Coast Claims Facility. They have an understanding of how the GCCF works from the inside. They understand the methodology, know how it should be applied, and how to properly trend the calculations so your true losses are reflected. Our Oil Spill Attorneys that represent many people and businesses in the seafood industry, and other clients that may have causation issues also had a record week. We also saw a dramatic rise in BP Business Claims come in.
Judge Barbier made some key Rulings that affect BP Claims
The most significant ruling was regarding punitive damages, and granting those directly affected by the BP Oil Spill the ability to sue for punitive damages. He mentioned Fishermen and Landowners who had oil on their property, as examples of those directly affected by the BP Oil Spill. Punitive damages go beyond just the economic loss that one would encounter, but are meant to punish the offender so it does not happen again. This means that more people may opt to find an attorney and not take their final claims settlement as they may wish to sue BP later. A recent report concluded that BP, as the well’s owner, was ultimately responsible for the accident. But it also said that BP’s chief contractors, Transocean, which owned the mobile drilling rig, and Halliburton, which was responsible for the cementing operations, shared the blame for many of the fatal mistakes. read article
BP and Halliburton: The Oil Spill Blame game
According to Halliburton, BP should have known about an additional hydrocarbon zone that they allege BP failed to disclose. Haliburton goes on to state “The motive behind BP’s intentional nondisclosure of the upper hydrocarbon zone is apparent — profit and greed,” “changes that likely would have required a redesign of the production casing,” “Such changes would have cost BP millions of dollars on a well that was already painfully over budget and behind schedule.” In speaking with many of the Attorneys on our Team this fits with BP` corporate culture about putting profit before safety and environmental concerns. This could help prove extreme negligence on BP`s part.
BP Claims: Many still waiting
From the calls we have seen coming over our 1-800-BP-Claim number, it is apparent that many of you are still waiting to hear from the GCCF regarding your BP Claims status. Over 400,000 BP Claims have been denied. Many of them because of a lack of documentation, or because of trending calculations that were improperly calculated. If you are tired of the deficiency letters, or seeing your claim is under review, we can help you.
BP Oil Spill Update
Tropical Storm Lee whipped up the Gulf Coast this week throughout the Gulf Coast region, tarballs were spotted on Orange Beach, but there wasn`t any major incidence of submerged oil mats coming ashore except on Fourchon Beach. They are out there, som`s as they are being referred to. There have been reports that the Macondo well is leaking again, that was inspected by BP and the Coast Guard in ROV`s, but no evidence was found that the sheen, seen clearly from the air around the well was coming from the well, more on that as the story unfolds. Some of the Fishermen I have been talking to have reported several dead zones. There are still a lot of ecological concerns that remain unknown, only time will tell.
BP Claims Team
As the GCCF strategies become more apparent, our BP Claims Team members strategies are evolving as well. We have groups that specialize in Denied BP Claims, as well as Claims that have been filed, but are be held up at the GCCF. They have a track record of getting clients paid quickly, often within 45 days. We have BP Claims Team members who take on BP Claims that may be difficult to prove because of legal or causation issues, and other BP Claims Team members who are looking forward to litigate against BP, and want clients that are in it for the long haul. Since there are different strategies being employed by different Team members, it is important to be clear in letting us know how you want us to proceed. So please be specific about your needs, if we have any questions we will call you. Often we will forward your information to more the one Team Member so they can explain their game plan for your BP Claims, BP Claims Team members charge from 15% up to 33 1/3% if you need the help of an Attorney to handle your BP Claims.