Tag Archives: seafood compensation claims
There is a new disclaimer that has appeared on the DeepWater Horizon Website
In layman’s terms this disclaimer states that the deadline to file all Seafood Compensation claims was January 22, 2013 BUT that if you have a Seafood Compensation claim that has not yet been submitted that you may still file it at this time and it will be reviewed on a case by case basis. There are no guarantees any of these claims will be accepted but claimants will be notified on the outcome of the timeliness review.
We have spoken to Attorneys and other Processors about this and most will NOT be taking these claims on, because of the fact that there are no guarantees they will be accepted by the BP Settlement Fund.
We have spoken to our Network partners and WE WILL BE accepting these claims. Why? Because we feel they deserve every opportunity to get paid. As someone affected by this tragic event very directly, we want to stress that you are the top priority and we will try to help you regardless of the outcome.
If you did not meet the initial deadline, or you know someone who has a claim, but missed the deadline, please forward this to them.
We can Also Assist you with the Following BP Claims:
- Business Economic Loss Claims
- Medical Claims
- Claims that need to be Updated from the GCCF
- Claims that have been Appealed
- Claims that need to be Appealed
- Property Damage Claims
- Individual Claims
- Failed Business Claims
- Claims that are Stalled or have Incomplete Notices from the DeeepWater Horizon Settlement
- Claims that have been Denied from the BP Settlement or the GCCF
Menhaden Fishing Significantly Down
Key figures in the Menhaden Fishing Industry have stated that the fishery is suffering. According to very credible reports given to us at BPClaims.org, the fishery is running around 20%-40% of what it was before the Gulf Oil Spill. This is eerily reminiscent of what happened to the Herring after the Valdez Spill. The fishery seemed stable for 3 years after that spill, and then collapsed. The sad fact is this environmental aftermath is still unfolding. The oil sitting on the bottom of the Gulf of Mexico may continue to cause unforeseen problems for years to come.
DeepWater Horizon Settlement Issues
A vast amount of claimants who contact us do so because they continue to receive incompleteness notices on their case. There are many reasons for these. Deepwater Horizon many times may ask for documentation that you have already submitted. We are not hearing this just from unrepresented individuals and businesses, but also from Attorneys, Processors, and CPA Firms. Professionals in this Industry are unhappy, and making it known to the leadership of the BP Settlement and their liaisons. We sa this in the beginning of the BP Settlement, but have not seen this for some time.
Quite often instead of receiving an incompleteness notice, we receive a phone call from Postlethwaite & Netterville, this is the accounting group that the Deepwater Horizon Leadership has brought in, and they have done an excellent job. We have not had any issues with Postlethwaite & Netterville, when it comes to being asked for documentation that was already submitted. As I understand it from the people I have talked to, Brown Greer was in charge of those particular claims.
Let’s all remember that Ken Feinberg is the one who hired Brown Greer. Who hired Ken Feinberg? By now we know he was not Independent as he originally advertised; he was bought and paid for by BP. Before anyone could tell what the full extent of damage from the spill would be, Feinberg initially promised to begin compensating the affected with Interim Payments. Instead, he offered Quick Pays and many people had no choice but to take a small amount of money and waive their right to sue BP in the future. Many had lost everything they had and were desperate to put food on the table for their families. Over 200,000 Individuals and Businesses took Quick Pays and many of those were given much less than what they should have rightfully received.
For the record, The Claims Administrator inherited Brown Greer. As I understand it, and I could be wrong, their continued involvement was part of the Settlement Agreement, and BP wanted them in play.
To the leadership’s credit, they foresaw issues from the beginning of the Settlement process and got the accounting firm Postlethwaite & Netterville involved. We deal with P&N quite often when processing your claims and have found them to be most helpful.
GCCF Claims Need to be Updated
Think about this, just under a Million Claims were at the GCCF when they transitioned over to the DeepWater Horizon Settlement. We were told that the information from the GCCF would go right over to the NEW and Improved BP Settlement. It did, but what many people don’t understand is that they still need to update that information to meet the terms of the Settlement. This has been seriously frustrating to many of you who think your claim is still Live at the DeepWater Horizon Settlement. In fact, it is not. Your claim will need to be updated to meet the guidelines of Deepwater Horizon Settlement. The only advantage is that much of your documentation is digitally available, which may make it easier to prepare the claim.
BP`s 5th Circuit Appeal
BP is rumored to have asked Prime Minister David Cameron to intervene on their behalf, and I am sure they have, even though they deny it. Most Attorneys that I speak to don’t think there will be ANY changes when this case gets to the 5th Circuit, but my gut tells me otherwise. In looking at past decisions of the 5th Circuit, they have no problem reversing decisions from the lower courts. If you read the writing on the wall, BP is posturing that this settlement could mean the end of them, and they are appealing to the U.K. leadership to ensure that does not happen. If only they spent this much time and energy harboring a corporate culture that did not put money before safety. It has been proven multiple times they do not. BP has a history of putting money before safety.
If BP gets their way in the 5th Circuit, and eliminates multiple categories within the construction, agriculture, marketing/advertising, and professional fields, these industries will become excluded. They will have in essence, rewritten the BP Settlement. If that is to be the case, may I suggest that since the settlement is being rewritten; let’s allow ALL of the people that took Quick Pays to come back into play. If BP truly wants to make things right, as they are stating in their commercials, let’s bring back the Quick Pays and allow them to be reconsidered since they were preyed upon by Feinberg anyway.
Besides the explosion and the environmental catastrophe that followed, Quick Pays are perhaps the most devastating aspect of this event. Good people, mostly those that made their living for generations from the Gulf were the hardest hit. Many had little education and had no idea what they were signing. Feinberg came out with the program around Christmas 2010, but it would not hit high gear until April 2011, one year after the spill.
By that time homes were in foreclosure, boats were being repossessed, and people were desperate for money. The 5k or 25k payments were nothing short of extortion. If BP is going to have the ability to rewrite the settlement, let’s bring Quick Pays back to the table as well. If they’re going to take away, they should give something back in return. Since BP is now stating that the groups that they are trying to exclude were not injured by the Gulf Oil Spill, let’s make sure they help the people that were, and truly make things right, just like their commercials say.
We have the BEST PROCESSORS in the country working on your claims. We handle many of them in house, but also work with several other groups that have an extensive track record of getting claims paid. We handle claims for 15%-25%, there are no hidden fees and we don`t get paid until you do.
Appeals are becoming more and more a part of the DeepWater Horizon Settlement. This is what we have seen, if your Appeal is prepared correctly, and you have the information to support the appeal, the DeepWater Horizon Settlement appeals system spearheaded by David Duval will compensate you what you are owed. NAICS codes have a lot of weight in this equation, but often they are incorrect. Often we are finding that the CPA`s a business used to file their taxes used the incorrect code. There are many variables when it comes to the appeals process, if you need assistance we have a team that specializes in appeals.
BP Property Claims and VOO Claims get first look
The DeepWater Horizon Settlement Fund has certainly made a priority of paying VOO Claims and property Claims first. With over 3,300 Notices sent out, over 3,150 are either for BP Property Claims or for VOO Charter Payment.
VOO Charter payment accounted for over 2,500 Eligibility Notices for Payment. We told you VOO Claims would be the first to get paid months ago. We have gotten VOO Claims processed and paid in under a week.
BP Claims Status Report
On September 5th the Claim Administrator Pat Juneau , made available a report on the progress and the status of the claims review process. There are serious issues that they are encountering, they are trying to develop workarounds to these issues.
BP did not seem to be amendable regarding some of the workarounds. Shortly after the report the Department of Justice came out with a statement that they would be pursuing Gross Negligence charges against BP. A few days after that The Settlement Fund came out with a notice that some document requirements would be relaxed. Hopefully BP got the message, and this will allow for more claims to be paid, and faster processing.
According to the Report many claims did not have sufficient documentation.
- 40% are missing one or more required documents
- 52% of Represented and pro se Claimants Claims were incomplete
- 48% of the claimants had claims with the GCCF that were incomplete
- 8,100 claims have been reviewed since mid-July
The numbers of Business Claims, Seafood Compensation Claims, and Individual Loss economic claims that have received an eligibility notice for payment is tragically low. This will hopefully change as the documentation guidelines have been relaxed. They needed to be.
This what we have seen through our network, VOO Claims are getting paid, many of the VOO Claims we have gotten paid had already taken Quick Pays.
Many of our larger Business Claims and those in our Network, have Claims that have gone under review. Several firms in the Network have received offers for their Business Claims, most of these offers were accepted and considered to be fair.
BP Settlement Fund has much to Do
The report went on to say that The Settlement is trying to get out letters of determination to over 30% of the Claimants by October 1. We had been told they were attempting to do this by September 10th.
We have been recently told they will be sending out letters of determination to over 3,000 by the end of the week, with approximately 1/3 of them receiving offers, in essence by October 1, over 15,000 people should know exactly where they stand.
Time is running out for the BP Settlement, I do believe the people in leadership positions have the best intentions. I also believe that they are running head long into obstructions that have been there since the GCCF, and if these obstructions are not removed very shortly the settlement may not survive.
If BP does not play ball and actually try to move the process forward, instead of hiding behind their lawyers and legal wrangling, there will be serious ramifications, whether it is through a Massive Boycott, the D.O.J, or some other mechanism. I guarantee to you, it won`t be pretty.
The BP Oil Spill was their fault not Ours. We need to hold them accountable, and We will.
Issues that need to be Addressed
Some real areas of concern right now are revolving around the environment, Oysters in Apalachicola and the surrounding areas are not spawning. We all know that Corexit is to blame, I was told BP was trying to blame it on past storms. My suggestion to BP is to take FULL responsibility for ALL of the Environmental after shocks of this Disaster.
Medical issues are continuing to worsen for many. People that were on the front lines are dying from very aggressive cancers. The National Institute of Health that has been taking samples for months, are sending out very vague letters staying very clear of linking the Oil Spill or the use of Corexit to these peoples health issues. People are dying here, we need real answers, not rhetoric.
Quick Pays, one thing I have learned form many of the people that make a living from the Gulf is that many of you have have issues reading, and many of you took Quick Pays. There is not one doubt in my mind that you were preyed upon, this issue needs to be fixed, and fixed now. With all of the issues the fisheries are having and the catches dwindling as they have, people are getting very desperate out there, and something needs to be done for them.
We will Help You
We remain committed more then ever to helping you through this process and are forging ahead with a number of entities of helping you get through this Disaster. As the process evolves so will our Strategies.
We have recently formed a relationship with a consortium of committed Oil Spill Attorneys that have a long history fighting for your rights. They specialize in BP Denied Settlement Claims, and the majority of other claims covered by the settlement, and those that are not. They are also not afraid to litigate you BP Claims.
We have also forged a relationship with an Adjuster and Accounting firm, one of the largest in the country, that specializes in BP Business Claims. They have over 300 full time CPA`s, and have retained some of the most knowledgeable people in this process.
Attorneys traditionally charge 25%
Non Attorneys charge 15%
We will Help you with your BP Claims and Beyond.