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BP Settlement Appeals Process and More

BPClaims.org Team (1)    BP (0)

Recently, we got an Appeal from BP for one of our clients claims.  That`s right BP appealed a Settlement Claim that was originally approved by the Settlement Fund. Needles to say our client was not happy, and nor were we.

We went through the process on the behalf of the client, it was arduous, but in the end we prevailed. I am very proud of our Team and the efforts they made on behalf of this client.

It looks as though BP has begun to employ this strategy more often, if you need help with an Appeal, please let us know.

Banner Week for Getting BP Settlement Claims Paid.

deepwater horizon settlement  Last week was a big week for getting claims paid for us, we had over 15 BP Claims paid. This has been a long time coming, but well worth the wait. The claims ranged from Business Claims in the Keys to VOO Claims in Florida, Alabama, Louisiana, and Mississippi; they came in from a few months to a few weeks ago. It seems the people that are running the DeepWater Horizon Settlement are getting into a higher gear.

Attorneys are gearing up for OPA Presentment

We are hearing that many attorneys are not taking any new claims in at this time because they are devoting their assets/people to OPA presentment. Claims that are being presented to OPA, (opt out claims and excluded claims), must be presented by January 20th, 2013.

This basically means it is crunch time for the firms that have caseloads of OPA claims that need to be re-presented and recalculated. If you have a claim that meets this criteria they need to be addressed sooner then later.

Old GCCF Claims

What many people do not realize, is that claims under the old GCCF need to be updated to fit into the Settlement.  If you have a claim that has yet to be updated we will see what we can do to help you. There are hundreds of thousands of claims that still need to be updated.

BP Business Claims

Under the terms of the BP Settlement many Businesses that did not know they qualified under the old GCCF rules, do qualify under the DeepWater Horizon Settlement. If you think your Business may qualify under the terms of the new settlement, or just have a few questions, please call 1-800-BP-CLAIM.

We have had many business owners send us their P n L`s to see if they qualify, we have no problem checking first to see if your business qualifies before submitting to the Fund.

DeepWater Horizon Settlement Network

We can Help you with your DeepWater Horizon Settlement Claims starting at just 15%. Attorneys within the network charge from 20-25% to help you with you DeepWater Horizon Settlement Claims. If you have claims that are incomplete or need assistance or are going through the appeals process, members of our network charge as little as 10% to help you get your Claims through. We realize that different clients have different levels of need, and we will adjust our rates accordingly.

 

What Excluded Groups and Opt Outs need to Know

Excluded Claims and Opt Outs need to get Ready Now.

deepwater horizon settlement  Get your OPA Presentment Claims Ready, and or get your Claims into Attorneys/Processors that will prepare your Claims for both Litigation and OPA Presentment.

If you Opted Out of The BP Settlement or if your Industry/livelihood was excluded from the DeepWater Horizon Settlement there are certain dates you need to pay attention to.

The time is Now.

January 20th the information for your claim must be presented for OPA presentment.

This must be in 90 days before the door for OPA relief closes which is 3 years from the 4/20/10.

Who was Excluded from The DeepWater Horizon Settlement

Who was Excluded from The DeepWater Horizon Settlement

These types of businesses and their employees are for the most part not included in 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.

If you need Assistance getting to the proper Attorney/Processor to handle these types of cases please fill out the form to the Right, certain cases are best handled by Attorneys/Processors specializing in certain types of Excluded Claims and Opt Out Claims.

Assistance starts at 20%-25%, it is based on a contingency basis.

If you are an Attorney or Processor and you would like to connect with Attorneys who have a history handling these types of claims,  please contact Roman at 1-800-BP-CLAIM.

DeepWater Horizon Settlement Customer Mix Test

Many Business Claims that do not satisfy the standard V-Trend Test are being asked to pass the DeepWater Horizon Settlement Customer Mixed Test. This has proven about impossible for many of you, and it needs to be addressed sooner rather then later. It would really help if the credit card companies were more cooperative, or some work around was created for these people. This issue has just recently popped up for many processors and Attorneys, had they known of this earlier they may have suggested that their clients opted out.

If you are having issues with this we would like to hear from you.

 

 

 

BP Settlement Opt Out and more Thoughts

BP Settlement Opt Out Date is Drawing Near

DeepWater Horizon SettlementNow let me state this at the outset, I am not an Attorney but we now have one who is independently working with us at BPClaims.org.  What I am about to say should in no way be construed as legal advice, it is my opinion, and my thoughts.

That said and to put it as simply as possible: if your claim does not fit into the framework of the Deep Water Horizon Settlement, you may want to seriously consider opting out.  But, if you can prove your losses, and have ALL the paperwork to support your claim you may want to stay within the framework DeepWater Horizon Settlement.

If you have a medical claim and are seriously sick, you may want to opt out of the Settlement.

If you have an economic claim and you have gaps in your paperwork or other issues, opting out should be very much on the table.

The Settlement fund wants to pay you, but only if you can provide all of the documentation that they require.  Their hands are tied, all they do is administer the DeepWater Horizon Settlement, which was created by BP and the Plaintiff Steering Committee and overseen by Judge Barbier.  The Settlement is not open for interpretation; it is what it is, and it is just beginning to pay people.

Many Attorneys want you to Opt Out, this is to protect your rights in most cases, though there have been reports that some are doing it for self gain, and higher fees down the road.

We have seen the DeepWater Horizon Settlement Fund make serious strides in processing claims, and they are beginning to pay those claims. I met with some of the leadership of the claims process myself recently and they have a high degree of integrity and take this very personally. Most of them are from different areas of Louisiana and have family and friends that were deeply injured by the BP Oil Spill. Their Legacies and Heritage are on the line.

Who is in the DeepWater Horizon Settlement

As I understand it, if you are in any of the Settlement Zones, you are automatically in the Class and if you don`t want to be in the Settlement you will need to Opt Out. These zones include the whole states of Louisiana, Alabama, Mississippi, parts of Texas ,and the coastal counties along the Gulf and the Keys of Florida.

How do you Opt Out of the DeepWater Horizon Settlement

Your Attorney can NOT do this for you.

It is really quite simple, you write a letter. Here is what you need to to do, it must be postmarked by November 1 st 2012.

Here is an example of an Opt Out letter.

I John Doe, 123 Main Street, Destin,  Florida. I wish to be excluded from the Economic Class or Medical Class Settlement.

Sincerely

Signature

John Doe

Write one letter for each one of your claims, if it is a business I would write both an individual letter and business letter and include your E.I.N. or your social security number. If you have a medical claim and an economic claim I would write a letter for each of my Claims.

Address the Letter to: For Economic Opt Out

Deepwater Horizon Court Supervised Settlement Program
Exclusions Department
P.O. Box 222
Hammond, LA 70404-0222

To validly exclude yourself from the Economic Class, you must submit a written request stating “I wish to be excluded from the Economic Class.” The request must include your printed name, address and phone number and must be postmarked no later than November 1, 2012. The written request must be signed by the Natural Person or Entity seeking to exclude himself, herself or itself from the Economic Class, even if they are represented by an attorney. Electronic signatures will not be accepted.

 

For The Medical Settlement
Deepwater Horizon Medical Benefits Settlement Opt Outs
935 Gravier Street, Suite 1400
New Orleans, LA 70112
To Opt Out of (exclude yourself from) the Medical Class, you must mail in a written request stating “I wish to exclude myself from the Medical Class.” Your written request must also include your full name, address, phone number, date of birth, and a copy of your driver’s license or other government-issued identification. You must sign your written request.

Whats Next if you Opt Out of the DeepWater Horizon Settlement

You will need to prepare a claim for O.P.A. presentment, this is also called the BP Claims Program and it is administered by BP. You do not need an Attorney to do this. You will need an Attorney if you don`t get what you want from BP, and decide to litigate. You have to go through the O.P.A. process before you can litigate. My issues with this are these:

  1. The BP Claims Program is run by BP, we`ll see how they do; the jury is still out.
  2. Attorneys and other Processors will put their best claims first into the process, individuals will be left behind again.
  3. The Settlement is fair if you can prove your losses.
  4. There are too many people capitalizing on peoples’ fear.
  5. I don`t think people should have to go through O.P.A. before the choose to litigate.

Individual Claims that have issues really need to think about Opting Out at this point, it is my opinion that they may be best served down the line when the Attorneys start putting them in Classes. I would also expect that many Attorneys will drop many Individual Claims as they will be pressed for time to put together these claims by the January 20th deadline.

So what is Happening Now with the BP Settlement

  • We have gotten clients through our network literally millions in the last few weeks
  • Restaurants have received 300k – 700k
  • Business Claims of all sorts have received from 20k-800k
  • A Property Owner with Oil on their Property was offered over 30 Million; that was one claim.

After the Settlement is ratified on November 8th at the fairness hearing the DeepWater Horizon Settlement will become more streamlined. There will be less claims in their que as many of the ones with issues will choose to opt out. There will be less of a need for an Attorney as you will either fit or not into the Settlement. There is little room for interpretation.

I see more of a role for Attorneys during O.P.A. presentment as certain Attorneys do have reputations for holding BP accountable, and they may decide to form some sort of class down the road, before litigation. It is difficult to predict exactly what tact they will take with BP. In the end, if they choose to litigate I do expect Claims to be broken down by Class and the different cases will be paid by Merit and extent of loss, but they will be settled in groups. I do not expect to see many cases to reach the Court House.

Recent News: BP pressures Judge to approve DeepWater Horizon Settlement Process

Recently it was reported that BP was trying to pressure Judge Barbier into approving the DeepWater Horizon Settlement. I think they are doing this because of the unexpectedly low turnout of BP Claims entering the Settlement process, and they think they are going to get off light. When BP actually pushes their own agenda, we should all pay special attention.

My opinion is that Judge Barbier is the wrong person to push, and at some point I would expect him to push back. There is no doubt that BP wants to put this behind them but if I were them I would tread lightly.

Solutions

When I first started working in this field, we created a site that was designed to get people aid that were victims of the Oil Spill, it was very successful and Catholic Charities stepped in and helped many of the people that we referred to them. Many of these people were exceptionally sick or were on the verge of loosing it all. Later I was told to follow the Claims process, we then created BPClaims.org. We would enroll Attorneys, Claims Adjusters, Accounting Groups, and other Web Designers to assist us in making BP pay. It was a big job and we knew we needed help. I am sad to say some were more interested in dollars then they were in helping people  and they cherry picked clients. They were cut from the Network.

For me it has always been about the people and their businesses, and it always will be.

We have the LARGEST NETWORK of BP Claims Professionals on the Planet.

We can Help you if you decide to Opt Out.

They ALL Specialize in different types of Claims. We now can process your claims in house for as little as 15%, If your claim is complex or a high dollar claim, we have the support of one of the Nations Largest Accounting Firms. They are currently processing more then 500 Million Dollars worth of Claims.

There are Attorneys within the network that specialize in Claims that were not covered in the Settlement such as Casino Workers, Insurance Companies, Moratorium Claims, and Developer Claims just to name a few. We are not talking about one firm here, we are talking about 10 different firms. Different Claims are handled best by Firms that specialize in different types of claims. Their fees range from 20%-25% at this time, but expect those fees to rise if they have to move towards litigation.

Recently we have brought in an Independent Attorney to help you; he has volunteered to assist people decide whether or not you need to Opt Out or stay in the DeepWater Horizon Settlement. You can reach him at 1-800-BP-CLAIM.

The next few days are critical, if you need assistance just call or fill out the form to the right. We will be working 18 hour days, we are here for you. We have been here from the beginning we will be here to the End.

 

 

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