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Where Things Stand: Gulf Oil Spill Claims

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The Gulf Coast Claims Facility on Aug. 23, 2010, in New Orleans, La. (Chris Graythen/Getty Images)

After the blowout of the Deepwater Horizon well triggered the largest oil spill in United States history, BP vowed to "Make it Right" for Gulf Coast residents affected by the spill. One of the central pieces of BP's program to make amends was to create a claims system -- as required under federal law -- to compensate individuals and businesses that lost money as a result of the spill.

ProPublica has examined the claims process closely to see whether BP and the government are delivering on their promises to the Gulf residents. Although nearly $3 billion has been paid out to date, there have also been chronic delays and a lack of transparency about payment decisions that have caused frustration and in many cases serious economic hardship to claimants.

At first, the claims system was managed by BP. But in the face of complaints about delays and unresponsive bureaucracy, the White House compelled BP to set aside $20 billion in June for an escrow account that would be used to compensate spill damages. BP and the White House settled on Kenneth Feinberg, a mediator with a long track record of handling contentious disputes, as the "claims czar" who would manage the compensation fund.

Most of the summer went by before Feinberg took the reins of the operation. ProPublica reported that during these months, BP deferred decisions on thousands of claims whose legal eligibility was unclear until Feinberg took over the process, often without telling claimants why their applications were in limbo.

When Feinberg took over in August, he promised an array of changes that would speed payments and expand eligibility for compensation.

It soon become clear that one of his main promises, his pledge to pay fully documented claims within two days for individuals and one week for businesses, was too optimistic. We reported that Feinberg's operation was falling behind in meeting his timeline for processing claims, and soon Feinberg retreated from his timeline and offered an apology to claimants for raising unrealistic expectations.

In September and early October, Feinberg made two changes that led to a rapid increase in payments: He created industry-specific formulas for judging groups of similar claims, and he announced that he would no longer apply a geographic test to assess claimants' eligibility.

However, some claimants continued to report delays, and we reported that many applicants were unable to get basic information from Feinberg's operation about what was happening with their claims. Feinberg told us that the longest delays were caused by claims that required tricky decisions about eligibility. He vowed to improve transparency by sending claims agents down to the Gulf to answer questions and help claimants with their applications.

After Thanksgiving, the claims process moved into a new phase. Feinberg stopped issuing emergency payments, which covered past damages and did not require waiving any legal rights, and began considering final claims, which cover all past and future damages but require signing away the right to sue.

Feinberg recently pledged another slate of improvements. He said he would implement his previous transparency promises within weeks by sending staff to the Gulf to assist claimants and that he would disclose to the public his methodology for deciding claims.

As of Dec. 21, Feinberg's operation had paid out about $2.5 billion over roughly four months -- many times the $400 million that BP distributed over nearly as long a period. However, some claimants are still struggling to get checks and to get answers about their claims, and it is unclear how far Feinberg's latest promises of reform will go toward easing their hardship.

@sasha
to be more blunt, feinberg has NEVER provided any transparency to his claims operations.  claims are denied or not paid in full without anything more than a generic explanation like “lack of sufficient documentation”.
The real truth about the GCCF can be found in the filing by the plaintiffs attorneys with the judge who is handling all the lawsuits.
Basically it says the GCCF and Feinberg are not independent but paid and influenced by BP. 
Feinbergs main objective for BP is to minimize what BP pays out in claims.  Just look at his history of the last 5 months.
His biggest concern is keeping people away from the attorneys that will be filing the lawsuits.  Hence the quick pay and now putting attorneys in the claims offices paid by BP.  Both keep people from hiring a plaintiffs attorney to sue BP.
Alot of people are taking the quick pay because they need the money now.  But wait until the final claim amounts are offered to people.  It will be a very low offer hoping that once again people will have to take the money offered because they desperately need it since it wont be offered for another 90 days.
If you look at the whole GCCF/ Feinberg history it is so obvious that BP is pulling the strings the whole time.

SO when are we going to see some accountability ? Ive pretty much made it trough the hard times , all on my own at this point , but I plan to make them pay me what I have lost and DAMAGES for taking this long! Someone needs to demand accountability for all this , but even reporters like this one , when they cover the story mealy mouth around the truth !

Heck lets call a shyster a shyster.

To this day Mr. Feinberg has refused to fully disclose his true relationship with his client BP.

I exposed video clips showing his contradictory comments claiming independence from BP & President Obama, to David Gregory on Meet the Press in July 2010, and then his admission on November 29th 2010, that yes indeed he serves as the Administrator of the GCCF only at the pleasure of President Obama & BP.

Lies, from the Law Firm of Feinberg & Rozen to the local GCCF claims offices regarding accessibility of a Claim Detail information file, highlighted the attitude that it is better to lie and stall then to answer information request with honesty and candor.

The ethical miscues and outright misrepresentations of the truth, combined with a desire to please BP at the expense of Claimants, left a rotten taste in claim holders mouths.

Claiming that this Claim process in not a legal proceeding with serious implications for all involved is the biggest Feinberg foible. In so much as the GCCF administrator has continually instructed his managers to withhold information from Claims Holders, regardless to the consequences suffered by the truth and claimants.

The GCCF Claims process has in a word FAILED to gain the trust of the victims of the BP Deep Water Horizon negligent actions that took 12 lives, decimated the environment and economic viability of thousands of Gulf Coast businesses and individuals, and continues to do so.

So if you notice that I don’t trust a single word coming from anyone at the GCCF, or Mr. Feinberg,
I do ask your understanding.

Your Incredibly eloquent Beach,  have you considered writing for a living ?

We are still in review for our EAP since the beginning of October.  With each phone call for answers, we are given nothing.  Now, tell me again about how Feinberg is making sure the claimants know where there claims stand?  We are close to our 90 day mark on our EAP.  We have an attorney holding preparing to represent us in a lawsuit.  We sent in substantiated evidence to prove our losses and we have yet to receive anything while others who work with me sent in very little proof and within three weeks received $30k.  Cannot wait to hear what their excuse for my delay is.  My attorney suggested we also sue for all the late fees, penalties, interest and so forth on our bills since the filing of our claim since they are dragging their feet.  Maybe that is a message we need to send to everyone out there as well.  Send in proof of all the extra charges Feinberg is costing you because he wants to drag his feet and us through the mud.  WE have had it.  We do not trust his beast, his company, BP or anyone relating to the matter of the oil spill.  You are all criminals.

Christine
Thanks :)

I know of someone who lost their car waiting for their EAP that they filed for in August and rcvd in Dec, in the meanwhile they lost their car and their house went into forclosure and they cant meet the pay in full demand even with the eventual approval of some EAP, they are suing GCCF and FeinbergRozen for this , they went and spoke with an attorney Monday ! I wish them all the best, these weren’t bums or people who bought beyond their means , but these are people who worked hard and lost their jobs on the beach after the oil hit ! Their Attorney says since they where eventually approved for the EAP, GCCF admitted they needed emergency funding and made them wait 4 months for it , causing the damages of losing their carand land and all the emotional pain of now losing their home ! I bet they win , will keep yall posted!

Hi everyone, remember 2011 is our year not Obama, Feinberg or BPs.
=====================================

Twas the night before the new year and all through the Gulf
Communities and businesses and individuals were waiting to hear
that the disastrous state of environmental and economic recovery
would soon be made clear.

lighting candels and gathering with families, friends and fellow
gulf citizens upon the once sugary sand of our beloved beaches,
religious leaders said prayers and the politicians made speeches
the crowds gathered all had stories to exchange about the Claims facility
who gave no answers and treated us claimants like leeches.

We looked to our President for help in our hours of need
he inturn sent a wolf in sheeps clothing who knew how to contradict his own preachings
Mr. Feinberg came with a check book in hand, but the pen had no ink for the BP man.

The year has ended and as many can see, Gulf Coast Americas have been brught to our knees
So raise a glass and offer a toast to the ones we love most, the father the son and the holy Ghost
Because when the year is recounted and the history written Gulf Coast residents will hold our heads high
While President Obama, Mr. Feinberg and BP’s claims of good character will be bitten.

i send all who read this, Feinberg included,
a New Years wish for good health, honesty, honor, prosperity and freedom withour fear,
Remember these words regarding all who live here, the gulf Coast is united in our recovery struggle
we speak with one voice that no one can muzzle.

==================================

Happy New Year !!!!

Well said…and spoken

New Years Cheer to you and your family.

Check out the map, photo and videos as well:

Times-Picayune News

NOLA.com

Louisiana’s coastline continues to be smeared with significant amounts of oil and oiled material from the BP Deepwater Horizon disaster, with cleanup teams struggling to remove as much as possible of the toxic material by the time migratory birds arrive at the end of February, said the program manager of the Shoreline Cleanup and Assessment Teams, which are working for BP and the federal government.


View full sizePatrick Semansky, The Associated PressBP cleanup worker Toney Edison was photographed Dec. 16 holding chunks of tar that were found buried underneath a layer of sand on East Grand Terre Island.
There are 113 miles of Louisiana coastline under active cleanup, with another 55 miles awaiting approval to start the cleanup process, according to SCAT statistics. Teams have finished cleaning almost 72 miles to levels where oil is no longer observable or where no further treatment is necessary.

But that’s not the whole story for the state’s coastline. According to SCAT statistics, there’s another 2,846 miles of beach and wetland areas where oil was once found but is no longer observable or is not treatable.

Gary Hayward, the Newfields Environmental Planning and Compliance contractor who oversees the SCAT program, said that large area will be placed into a new “monitor and maintenance” category, once Louisiana state and local officials agree to the procedures to be used for that category.

“With rare exceptions, most of the marshes still have a bathtub ring that we have all collectively decided we aren’t going to clean any more than we already have because we’d be doing more harm to the marshes than the oil is going to be doing to them,” Hayward said.

The cleanup protocols for each state have been approved by state and local governments, federal agencies and BP, he said.


View full sizePatrick Semansky, The Associated PressWorkers were photographed Dec. 16 digging up sand impacted by the BP oil spill on East Grand Terre Island.
Louisiana’s senior coastal official says the state is monitoring the cleanup, and remains concerned with end-of-year conclusions that the cleanup is almost complete.

“The reality is we still have hundreds of miles of oiled shoreline today,” said Garret Graves, chairman of the Coastal Protection and Restoration Authority. “We still have oilings on a regular basis in areas of Jefferson and Plaquemines Parish, and there’s still a lot of oil buried back in the marshes where it was carried during high water events.

“The threat is absolutely still there and the oil is absolutely still there,” he said.

‘We know we’re not done’


Hayward does not disagree.

“We know we’re not done. We’re still working,” he said. “We have some challenges ahead of us, including winter weather that will slow us down a bit. But we’ve made a lot of progress.”

At the height of the oil recovery and cleanup effort over the summer, the response program included 48,200 workers and 9,700 vessels. As of Dec. 23, there were still 6,170 workers and 260 vessels, although not all of those are participating in the cleanup.


View full sizePatrick Semansky, The Associated PressWorkers were photographed Dec. 16 looking into a hole dug by an auger, left, while searching for buried layers of tar from the BP oil spill on East Grand Terre Island.
Hayward said that the aim is for the cleanup to evolve into a long-term monitoring program for both beaches and marshes by the end of April all along the coast, but that could depend on shoreline re-evaluations scheduled for April and May.

“We’ll be assisted by very low tides in April and May, where we can really see how things have worked out in the winter,” he said.

Hurricane Alex


The biggest remaining problem in Louisiana, Hayward said, is a large area of marsh along the shores of Bay Jimmy in northernmost Barataria Bay, west of Port Sulphur, that was fouled when storm surge from Hurricane Alex in late June pushed oil into the bay system, even though Alex went ashore near the Mexico-Texas border.

“There was enough high water in the tide surge and enough oil on top of the water that it came down on the marsh surface and flattened the grass along a 40- or 50-foot swath along the marsh front,” he said. “And when it did that, it pushed the grass over and left an oily mat on the surface. That has since dried and has become a very crusty surface, underneath which there is still gooey oil.”


View full sizeCleanup contractors have tried several methods over the past few months to remove that oil.

“We tried burning and that didn’t work,” Hayward said. “We tried various methods of cutting the marsh and raking the black tarry mat up, and met with some success. We’ve tried four different ways to cut the marsh and let the young sprouts come through.

“But oddly, what we saw was that even though that marsh was quite heavily impacted, before the growing season stopped, the marsh sprouts were coming up through that stuff,” he said. “So we feel pretty confident that even though it looks like hell, that area will recover in the spring when things start to green up again.”


February target date


The target date of February is aimed at removing the threat of oil from areas along Louisiana’s shoreline by the time migratory birds return to roost or rest on their way from Central and South America in the spring, Hayward said. The hope is also to assure clean beaches in advance of the tourist season on Grand Isle, Elmer’s Island and Fourchon Beach.




       
The 3,086 miles of targeted coastline in Louisiana, which makes up the SCAT western district, dwarfs the 1,598 miles of mostly beaches targeted for clean-up in Mississippi, Alabama and Florida, which comprise the eastern district. Hayward said cleanup efforts also are aimed at February completion in those states.

“There’s a lot of pressure to get it done because of the loss of the last tourist season, and they want to get open for the winter months and they want to get open for spring breakers,” he said.

Unlike Louisiana’s rough texture beaches, a mix of sand, Mississippi River sediment and organic material, beaches to the east, especially along the Florida Panhandle, are a sugary, powdery white sand that’s more difficult to separate from the weathered remains from the BP spill.

“It’s really not oil. It’s not sticky, it’s not tacky, it’s basically a very crumbly, weathered oil residue,” Hayward said. “You can pick it up in your fingers and crumble it and it will just disintegrate.”

However, the cleanup plan is still struggling with tar balls and other material washing ashore from mats of weathered oil that are located in the surf zone just off several key beach areas, including Pensacola, Fla.; Bon Secour National Wildlife Refuge at Gulf Shores, Ala.; and the barrier islands off Mississippi’s coast. Officials are concerned submerged tar mats may also be the source of tar balls that continue to be spotted along Grand Isle, Elmer’s Island and Fourchon Beach.


“People are concerned about the chunk of oil that they can’t find counted” in the federal description of how much oil remains in the Gulf of Mexico, Hayward said, and the tar mats explain a small part of the missing oil.

“These tar mats can be three or four or five yards wide and a couple hundred meters long, and they’re discontinuous,” he said. “They’re being found in 2 or 3 feet of water, just below the low-tide line.”

“These are areas where tar balls keep washing ashore,” Hayward said. “The shallow water (where the tar mats are believed to be located) precludes a lot of vessel activity. It’s a very turbulent area.”

Mark Schleifstein can be reached at .(JavaScript must be enabled to view this email address) or 504.826.3327.


When the BP oil spill erupted in the Gulf of Mexico, members of our Times-Picayune photo staff sprang into action to cover this tragedy. Here’s a look at what it was like to cover the spill, in the words and photographs of some of those staffers. The interviews conducted here and the photo selection was done by staff photographer John McCusker.
Related topics: bp, oil spill gulf of mexico 2010


Comments Feed View: Oldest first | Newest first
toulousegoos5 December 30, 2010 at 7:41PM
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The fat Lady has yet to sing!


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mw90396 December 30, 2010 at 8:59PM
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You’re right toulousegoos5, she hasnt even cleared her throat!

But that being said, we have been set up to battle our own government just to survive. The current administration has no idea what to do in any situation ,certainly not one like this. Their montra of “never letting a crisis go to waste” will take us all to hell. Don’t they say the oil is gone? Humm??

They are working to take the entire fines from BP, even those that arise from our own coastal waters, and put them in the Fed coffers!! Guess what? They will do it too. The state will get nothing or just whatever the fed thinks we need.


Remember, the only agency to ISSUE ANY POTENTIAL NOTICE OF PENALTIES OR FINES is LDEQ!!
No one else, NO ONE ELSE, has issued anything!! Not even the Fed! God help us.


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art vandelay December 31, 2010 at 5:08AM
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With stories like this, is it any wonder why the rest of the country still has doubts about the safety of Gulf of Mexico seafood? Are we fooling ourselves or what? We can’t have it both ways.

I believe the truth lies more in this piece than the feel-good stories we’ve seen in the TP and elsewhere about the safety of the seafood.


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Casey_Nunez_347 December 31, 2010 at 5:13AM
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Yet They Try And Convince actually Lure People Into eating This Toxic Gulf Garbage


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namdol December 31, 2010 at 5:27AM
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I live in Grand Isle and try to walk the beach every day. I am escorted off of the beach by BP workers. They come up with a different reason each day why I can not use the beach. I think that they just do not want anyone to see exactly what is still coming in on the beach. Some days I have to walk several hundred feet before I see a tar ball,but other days it looks like the tar balls are only several feet apart. Every day is different and I WILL BE THERE LOOKING and being run off the beach regularly. This is my home and I will check it out as I see fit. The Jefferson parish police have left the beach so now I only have to deal with the BP workers.


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balize December 31, 2010 at 5:32AM
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as we see clearly here….we need federal intervention and action


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bobjr December 31, 2010 at 5:56AM
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sunra54, your absolutly right it’s skull and bones along with the upper folks running those secret hand shaking operations. The Obama, Bush #1 and #2 group are all in the same occult. It’s all on youtube. They are using these connections to gain control. Their first line of attack includes attorneys and judges. As George #1 said they have a chance to create a one world order they just want us to pay for it. Believe it or not this whole oil deal was a plot for cash to pay for that new world order. Thats why no matter what, no one seems to know what happens to this or that huge amounts gone to places other than the victims. Think about the bigger picture. Force the people away from the state build a big refinery and lift the drilling ban which now stops anyone but what the Mason’s or the skull and bones group want.


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I was checking the website just a minute ago and am wondering what has happened to all the money paid out.  Everyone I know who got a bunch of money didn’t lose anything and are still working.  I lost my job and got a very small 6 month and am still waiting for answers.  There is no transparency because it is not an honest system, it has nothing to do with actual loss.  It is politics, pure and simple.  The big business owners wrangled big payments for themselves and their employees that they favored here on the Alabama Gulf Coast.  I know because I worked for one of the companies but was not one of the relatives or buddies, so I got shafted.  I know employees who have lost nothing and got $20,000 payments on their EAP.  Not just one employee, but several. The managers wrote letters to the GCCF and they got paid.  How can that be fair?  That’s just one reason I know of why there is no transparency.

The information supplied by Mona Lisa illustrates a pattern of behavior of a government that has decided that the citizenry have far less value than the pollutants that are a few meters underfoot.

It can not to overstated that our LIVES and that of the people we love are in immediate danger.

The GCCF/BP/Obama media propaganda machine will be in full blame the Gulf Coast Communities mode starting the 10th of January 2011.

Unfortunately, we claimants have nobody in our corner, but each other. I don’t know about anyone else but when I feel threatened I learn everything I can about my attacker, and i retaliate, without pity, or conscience, using the laws available.

Paid claims will help us heal economically, but there are no US agencies looking into the health concerns we will face in the future.

Florida ground water, the purest water in the world has an intrusion zone close to the AL / FL border. It has been penetrated by the BP corexit dispersant, yet no one has publicized the extent of the danger.

Mr. Feinberg, be a true American and Pay our Final and interim claims, it is the honorable thing to do. Honor, you remember the meaning of the word don’t you, President Obama, Mr. Feinberg, BP?

I have begun a conversation with the World court. Since the Gulf Of Mexico is not property of the USA, we still have recourse on the world stage, for criminal and civil recovery.

This is just to bizarre to not be true, especially when you realize that the BP Media machine is retooled with additional money for the new year. The following is from the AP 12/ 30/ 2010
===========================
The administrator of BP’s $20 billion fund for Gulf oil spill victims says BP money is being used to pay $950 an hour to a law professor who backs his assertion that he is independent from the oil giant.

Fund czar Ken Feinberg told The Associated Press on Thursday he has agreed to pay New York University professor Stephen Gillers for his advice. Gillers produced a letter stating that Feinberg is neutral and not subject to BP’s direction or control.

Feinberg said the fund is billing BP separately for the advice.

Feinberg has come under fire from some victims, lawyers and Gulf state officials who have questioned his independence and suggested he is a pawn in a BP effort to limit its liability.
===================================

So anyway, just forget for a minute that I proved using Mr. Feinberg’s very own words, that he does indeed work as the GCCF Administrator only at the PLEASURE of the President and BP.

If you don’t believe me visit MSNBCdotcom and search for the Nov 29, 2010 interview with Mr. Feinberg on the program Morning Joe.

So why pay someone to teach ethics, to a lawyer that is known as the nations arbiter?
Could it be because that very same lawyer is having trouble deciding if he is treating the Claimants in an ethical fashion?

Nope, it is to get a respected mouthpiece of ethics to offer Mr. Ferinberg a public, your doing a great job, Brownie pat on the back. This would be comical if the fate of thousands of Gulf Coast Businesses weren’t being decided by a man who needs ethics training and support.

F%$king Unreal!!!!!!!

John Que 3000

Jan. 3, 2011, 10:40 a.m.

good catch Beach here is his contact info….......


Steve Gillers
The Crystal Eastman Professor of Law
New York University School of Law
40 Washington Square South, 422A
New York, NY 10012
Telephone: (212) 998-6264
Facsimile: (212) 995-4658
E-mail: .(JavaScript must be enabled to view this email address)

The “Freedom of Information Act” could be used to get all of the contract information, as well as the anonimous paid claims information.  The press knows how to do this and should.  If they don’t, at some point I probably will.  It only takes a form letter that is probably available online since the proliferation of internet.  Might have to pay for copies although most government agencies will provide free.

I was sent a reply from Ken Feinberg’s ethics coach. If you remember the Bill Clinton deposition and testimony, you’ll recognize the It depends on what is, is. similarities.
+++++++++++++++++++++++++++++++++++++
Thanks for your email. Here is the explanation. If you read my letter, which I think is now public, you will see that I was asked to address whether Mr. Feinberg’s status as a lawyer created conflict of interest problems or other issues under the governing rules for lawyers. That’s what I did. The conflict rules in particular inform the meaning of independence (among other things) in the work of lawyers.

You are using “independent” in an entirely different sense – not a legal sense but a motivational sense. You are saying that because (let us assume) that BP can fire Mr. Feinberg or that he would resign if it sought to do so, he is not independent.

But your use of the word is different from mine. It asks whether a person can be trusted to be objective when in some way he is dependent on another who may have an interest that may influence his decision.

In the law governing lawyers, the rules allow a lawyer to accept payment from one person to represent a client so long as the lawyer acts for the interests of the client and not the source of the funds. So a father can pay a lawyer to represent a son. The son is the client and we trust the lawyer’s independence even though the father can stop paying the bills and even though the father may wish the lawyer to pursue a different strategy in the work for the son. 

In the same way, here, Mr. Feinberg can accept payment from BP to be Administrator of the GCCF, to help BP fulfill its obligations under the law.

Similarly, we can say that a general counsel of a company may not be able to give the company independent advice because his or her job and income are dependent on keeping the officers and board happy and if their interests may diverge from those of the company, it may prevent the general counsel from reaching a conclusion the officers or board do not like.

Indeed, the way you use the word, you can say that I’m not independent of BP or the Facility or Mr. Feinberg because BP is paying me through the Facility.

Outside law, you might say that a newspaper cannot be independent in writing stories about its biggest advertiser.

You can use “independent” in all these different circumstances. My opinion addressed whether Mr. Feinberg was independent within the constraints of those rules and he is, just as the lawyers in the other situations I have described are trusted to be independent.

++++++++++++++++++++++++++++++++++++

I guess I owe Mr. Feinberg an apology, in spite of overwhelming evidence and his own declaration that he must please BP to keep his job, he is actually being fair.

I have to call the Easter Bunny now and order a few apology eggs be delivered to Feinberg & Rozen.

A Friggen mazing

Freedom of information act only applies to government entities. BP is not and I don’t think the GCCF would fall under a governmental entity either but not 100% sure.

I called to check on my final. They said Final claims will be reviewed based on when you file and not grouped by industry or other ways like the EAPs. They also said it’s not 90 days from when they receive it but rather 90 days from the time they start reviewing it. Not that THEY know their asses from a hole in the ground anyway…

Would some be so kind and tell me what ” full review final claim” means /received I dying over here I was one one the first to file and get on list I believe the list is over 19,000 but I got the comment on my status page received when their was only 1000 claims filed does that mean I will be reviewed soon

How do I find out if the company I worked for received a claim because if the company got compensated how could they not pay mine ????? it’s crazy

Mike
When I originally sent my Final claim in August 27th 2010. I listed the profit we would have been made from our October 2010 Clearwater beach event. I asked if I should list the individuals and contractors I would have used so they could get properly compensated by the GCCF or by our company.
I was told not to list employees or contractors because the profit loss would not be affected by a payment to our company.
I said, what the fuck does that mean?
The GCCF told me that they will be the only authority to determine who would have made income from employment with our company.

I asked, well if I offer you a list of people and companies that were contacted to be associated with the event wouldn’t it make it easier for the GCCF to make educated decisions?

The GCCF again told me that I need to only worry about my lost profit and income and the others should fend for themselves.

The GCCF management is a sloppily administered collection of mentally challenged necromancing BP paid dim wits who get off playing god with the future of Gulf Coast businesses and families.

2011 has begun where 2010 ended, with more denials and opaque windows to cover the processes that are trampling on the civil rights of every claim holder with the nerve to ask for honest answers to pertinent questions regarding recovery from loses caused by the BP Spill..

Still Waiting

Jan. 4, 2011, 8:52 p.m.

Umm….stopped paying EAP’s?? I still have 4 supplemental claims waiting to be paid!

i was at gccf today and was told feinberg’s adjusters were off for 10 days and just got back to work monday.  the people at the gccf offices were off for 2 days, xmas and the day after.  i guess that may have been the hold up with the interims and finals.  some other people do the quick pays.

Corexit plus HAARP…we’re in stellar shape down here.

I finished adding documentation to my original Final claim. Now I’ll submit the Final Claim form they sent me referencing the previous documentation as well as a list of Claimant Bill of Rights violations that have occurred during the time of the EAP review and to date.

The GCCF Claimants Bill of Rights either does, or does not have any teeth that will offer a remedy.

A simple, “we are sorry for any misunderstanding of the rules, ” reply from the GCCF Administrator can be swallowed by them and deposited in the same receptacle that Feinberg keeps his honor and ethics.

I noticed that the AGs are up min arms again. I hope it is more than just bravado and someone actually indicts Mr. Feinberg and crew. At the very least his is GUILTY of violating the ethics that the Bar in each state holds locals lawyers to account.

The Stephen Gillers spirited defense of his fellow NYU professor, Ken Feinberg, in spite of overwhelming facts that supersede his glowing assessment of the GCCF administrators abilities and honor, detail the out of focused view Mr. Feinberg is offering interested parties outside of the claims process.

I’ll lost marketing, sales and growth opportunities that push my claim value past the BP appeals threshold, so I imagine my fight to recover will end with a three judge panel. If that is unsuccessful then Federal and International court are my next steps.

I have not yet begun to fight, but in sparring with the process i have noticed weakness that can be exploited to bring truth to the process.

We need an unbiased citizen oversight committee a Ralph Nader type champion that will cut through the BS.

Thursday, 06 January 2011
By: Associated Press

NEW ORLEANS (AP) - Months of investigation by a presidential commission and other panels reinforce the likelihood that companies involved in the Gulf oil spill will be slapped with criminal charges that could add to the huge fines they already face, legal experts said Thursday.

The reports don’t blame a single person or group responsible for the series of mistakes. That means in the end no one may go to prison for the worst offshore oil spill in U.S. history.

BP, Transocean and Halliburton should survive thanks to their financial arsenal, though charges would take another chink out of their armor.

“The evidence of negligence is too compelling and the harm is too great,” said David Uhlmann, former chief of environmental crimes at the Justice Department. “The Justice Department is likely to believe that BP, Transocean and Halliburton were negligent and should be criminally charged. There’s no question about that.”

Uhlmann, now a law professor at the University of Michigan, cited excerpts released Wednesday from the presidential oil spill commission’s report, saying it alone shows the standard for criminal charges has been met.

Among the panel’s conclusions: decisions intended to save time and money created an unreasonable amount of risk that triggered the April 20 explosion in the Gulf of Mexico and led to the oil spill. The panel said another similar disaster could happen again without significant reforms by industry and government.

But the panel also concluded that the mistakes were the result of systemic problems, not necessarily the fault of any one individual.

The blast killed 11 workers on the rig Deepwater Horizon and led to more than 200 million gallons of oil spewing from BP’s well a mile beneath the Gulf of Mexico, according to government estimates. BP disputes the figure, but has yet to provide its own.

Gregory Evans, a Los Angeles attorney who is an expert in environmental law, said prosecutors have wide discretion about whether to bring criminal charges.

“It appears that the panel has concluded that BP, Transocean and Halliburton and several subcontractors working for them took a series of very hazardous steps which appeared to be motivated by economic concerns or at least efficiency,” Evans said. “This again can be seen by a prosecutor as evidence of an environmental crime.”

Evans also noted, however, that the commission blamed government regulators in its report, which could mitigate culpability of the companies.

“Given the wide latitude they have, I think they could go either way on it,” he said.

The Justice Department has an ongoing criminal investigation and has already sued some of the companies involved, seeking unspecified damages. Halliburton, the cement contractor for the well that blew out, was not named in the Justice Department lawsuit.

“We continue to aggressively investigate the causes of the spill, and will examine all evidence and facts that may be relevant to that investigation and all parties potentially responsible for the spill,” Justice spokesman Wyn Hornbuckle said.

The companies pointed fingers at each other - again - in statements after the presidential panel’s conclusions.

BP PLC said the accident was the result of many causes, involving multiple companies. Transocean Ltd., which owned the rig being leased by BP to perform the drilling, said “the procedures being conducted in the final hours were crafted and directed by BP engineers and approved in advance by federal regulators.” Halliburton Co. also said it acted at the direction of BP and was “fully indemnified by BP.”

Robert Force, a Tulane University professor who is an expert in maritime law, said it is increasingly possible some of the companies will face charges. He did caution that the question of negligence is a tricky one.

And individuals involved with the rig and well may be able to rest easier.

“I haven’t seen a revelation that said, ‘we have found something really bad,’ where there was an intentional violation of a regulation or improper conduct. Usually something like that would have been revealed by now,” said Steve Yerrid, a Tampa, Fla. attorney who until Dec. 31 was oil spill counsel to former Florida Gov. Charlie Crist. “The likelihood of an individual or a group being indicted for a criminal offense has waned with time.”

Big companies can usually survive criminal convictions, but not always.

Besides possible criminal charges, the investigations also could play a key role in the outcome of the hundreds of civil lawsuits. In those cases, attorneys for the fishermen, businesses, property owners and others want to prove gross negligence by BP and its partners, which could lead to bigger payouts.

___

Anderson reported from Miami. Associated Press writer Dina Cappiello contributed to this report from Washington.

i know one thing he promised to make the claims more transparent what bullshit i put in my final claim on october 11 2010 the site says claim recieved and they say on the phone it is in the review process well what the hell is the process not one single person that works there knows or they lie and say they dont and they are in review under priority basis what the hell is that no one knows that either i had a guy named josh today on the phone that said he doesnt care if any one gets paid or not wtf is that rude or what they need to get the ball moving and the lead out they have paid one final to some company for ten million dollars what about the rest of us i cant get a new job because of this i am sick of this crock of lies already pay the finals and do it fast

the gccf office told me the call center knows nothing and the people in the gccf offices know nothing.  there is no rhyme or reason as to how these claims are calculated.  i have talked to at least 50 people who have filed claims, received money, been denied, the whole gamut.  there are no two cases alike, at least not in my investigation.

you got that right they do not know one single thing it is funny how they started reviewing final claims almost two months ago and not one single person has even gotten a counter offer yet there is no exuse for them to be so slow now they need to step it up and get their head outta their
butts now

Any one had problems with their quick claim . I received some BS letter stating that the form I downloaded was ****VOID ***** wrong wording or some shit like that ... They say you can not be denied a quick claim .. But I think they can do anything they want ... you will be lucky to get the quick claim if you are a business ,But if you are an individual they will be more then happy to give you a 5 grand check .... Wow ... Individuals got the most advanced payments ... so the way it looks is they screw the business owners and take care of the people that work for the business that are closing now ... what sense does that make to you ... you let small business fail everyone loses ...

Reuters
By Moira Herbst

NEW YORK | Fri Nov 19, 2010 2:45pm EST

NEW YORK Nov 19 (Reuters Legal) - BP Plc (BP.L) had said for months it would pay all legitimate damages for the largest oil spill in U.S. history, but now it’s fighting a bid to legally force it to waive a $75 million statutory cap.

Lawyers for local businesses and individuals filed a motion this month asking U.S. District Judge Carl Barbier, who is overseeing the oil-spill litigation in New Orleans, to rule that a cap is inapplicable in this case.

Noting that BP itself had told the court it would waive the cap, the plaintiffs’ lawyers asked Barbier to rule on the matter to preclude BP from “re-urging this defense” in the future.

In a response filed on Wednesday, BP called the plaintiffs’ motion “unnecessary” and “premature.” BP also said it had voluntarily waived the liability cap—only it did so to justify the opposite position.

“There is no issue in dispute that the Court needs to address,” the company argued.

On November 2, BP raised its estimated cost of cleaning up the Macondo disaster by $7.7 billion to $40 billion. BP will likely try to recoup some of these costs from its Macondo partners, Anadarko Petroleum Corp (APC.N) and MOEX Offshore 2007 LLC, as well as such contractors as Halliburton (HAL.N) but the resolution could take years of court battles.

BP has already paid out hundreds of millions of dollars to fishermen, retailers, charter boat captains and property owners who suffered from the spill.

Under heavy pressure from the Obama administration, in June the company also established a $20 billion compensation fund for those damaged by the spill.

ALL LEGITIMATE CLAIMS

The cap issue was expected to come up at a hearing before Barbier scheduled on Friday.

Soon after BP’s Deepwater Horizon well began spewing oil into the Gulf of Mexico in April, the company said that it would pay all legitimate claims, even though the Oil Pollution Act (OPA) could have limited BP’s liability for the disaster to $75 million, plus clean-up costs.

But it was never clear whether BP’s pledge was legally binding, and signals from the company were mixed. During a court hearing last month, BP’s lawyers did not commit to waiving the OPA cap, which they called “not relevant.” After Barbier asked the company to clarify, it filed a statement with the court saying it was committed to waiving the cap.

A BP spokeswoman said on Friday that the company’s opposition to the plaintiffs’ motion “was not an indication that BP was wavering at all on its previous promises and commitments,” but rather, was “simply based on the legal deficiencies” in the motion.

Howard M. Erichson, a professor at Fordham University School of Law and an expert in mass torts, said plaintiffs’ lawyers now appear to be engaging in “a bit of litigation gamesmanship.” From the company’s perspective, he said, “there is no upside having the waiver locked in,” but opposing such a move could present a publicity problem. “The extraordinary thing,” he said, “is the backdrop to this motion—the fact that BP faced such an enormous public-relations crisis that it was willing to abandon some of its potential legal defenses early in the litigation.”

The case is In re Oil Spill, U.S. District Court, Eastern District of Louisiana, No. 10-MDL-2179. The plaintiffs’ motion was filed on behalf of the plaintiffs’ steering committee by Stephen J. Herman of Herman Herman Katz & Cotlar and James Parkerson Roy of Domengeaux Wright Roy & Edwards. BP’s submission was filed by Don Haycraft and R. Keith Jarrett of Liskow & Lewis in New Orleans and Richard Godfrey and J. Andrew Langan of Kirkland & Ellis in Chicago.

(Editing by Eric Effron and Howard Goller)

@Mona Lisa

stop printing this old crap .. we want current info .. so stop copying and pasting this crap ..

Mona Lisa post whatever you feel will help, I speak for myself. Looks like the legal wrangling might get hairy for anyone that breaks the Final Claim ceiling that BP has set to appeal to the three judge panel.

Thanks for all the hard work, it is especially appreciated by a final claimant looking for any weakness to strengthen the argument for recovery.

Norman Z. Taylor

Feb. 2, 2011, 12:10 a.m.

I am a resident of Venice La. from Plaquemine Parish, as of today we have not received anything from BP, they have been giving us the run-around so our property could be taken away from us, Our Parish president hasn’t been no help because he is in the conspiracy and corruption to steal black people land, since the oil spill I have become ill, I have difficulty breathing, nauseated all the time, high blood pressure, rash on my body, headaches, watery eyes, and also insomnia. I have documents from the doctor to prove my illness, I have medication that the doctor prescribed for me, and also I was a commercial fishermen, I sold seafood to people, I also have receipt what I sold. We need help in Plaquemine Parish we don’t have a leader, i have 500 petitions that people signed that didn’t get anything, Florida, Texas, Alabama, and also Mississippi got compensated they didn’t have anything to do with the oil spill, we want what belongs to us, the President had signed for $20 billion dollars for the resident of plaquemine parish, it is time that we get paid. we should not need any documents, just be a victim of the oil spill should be enough, it will never be the same down here, our livihood has been taken away from us, we don’t deserve this, Bp needs to pay up, we are not giving up.

@ Mr. Zaylor,
My heart goes out to you and yours. May you fully get every penny you deserve ! I hope your health comes back to you and the damage is reparable.

BP discovers non toxic solution for Gulf spill, OSE II

BP will implement OSE II in the early spring of 2011
Testing of OSE II by Dr. Tsao of British Petroleum
David Tsao, Ph.D
BioChem Strike Team Leader; Deepwater Horizon


Regarding the Effectiveness of OSE II Remediating Oil from Deepwater Horizon, Blow Out, Gulf of Mexico
The major oil company British Petroleum tested OSEI Corporation’s product called Oil Spill Eater II (OSE II) at Louisiana State University from November 2010 through January 2011. Relevant sections of BP’s BCST (Bio Chem Strike Team) test results and summary “interim report” are attached.
British Petroleum formed a group named the Bio Chem Strike Team (BCST). Under the direction of Dr. Tsao, BCST was established in response to the Deepwater Horizon incident by the Alternative Response Technology (ART) program. The BCST consisted of experts from BP, LSU, LDEQ (Louisiana Department of Environmental Quality), USCG (U.S. Coast Guard), OSPR (California), SCAT, and highly experienced oil spill response consultants. Furthermore, BCST operated in conjunction with advice from EPA and NOAA.
OSE II was then slated for testing and the tests were started in November of 2010, and concluded in January of 2011. The tests were very thorough and measured several pertinent aspects in regards to remediating hydrocarbons/oil. The tests were conducted with Gas Chromatograph Mass Spectrometry EPA test procedures. Bacteria counts, as well as dissolved oxygen, nitrogen, and phosphorous levels were measured, and PAH and Alkane degradation was quantified.
The results from the tests of OSE II were excellent and demonstrated the statements we have made to BP regarding the effectiveness of the product as being factual.
OSE II showed a great ability in the closed laboratory test to be able to remediate PAH’s, as well as the Alkanes. In fact, by the conclusion of the testing time frame, OSE II had remediated 80% of both components of the oil released by BP which ended up in Bay Jimmy, Louisiana.
This test by a major oil company is the second major testing of OSE II on two of the largest spills on water in the history of planet Earth caused by Man. Exxon tested OSE II in 1989 at Florham Park, New Jersey and discovered OSE II was the most effective product in the world by a factor of better than 90% on the North Slope Alaskan Crude oil from the Valdez spill.
BP has now successfully tested OSE II on their spill in the Gulf of Mexico which is estimated, at this time, to be over 6,000,000 gallons of oil spilled.
Dr. Tsao wrote in his report “After nearly one year since the Deepwater Horizon spill, residual weathered oil remains in many locations. The need for a field trial to establish operational criteria for final bioremediation work plans should be initiated before early Spring 2011.”
The OSEI Corporation has alerted BP that, after over 16,000 spill clean ups in the past 21½ years, the logistics in regard to the successful application of OSE II were worked out some time ago.
The remediation of the PAH’s also verifies that OSE II is an extremely effective first response bioremediation product, and has among its many benefits:
) causes the oil to float which limits the negative toxic impact to the water column or ocean floor of the oil and dispersant
) the reduction of the adhesion properties so the oil cannot stick to birds, grass, rock or sand on shorelines
) the elimination of fire hazard
) proven non-toxic by the numerous formal toxicity tests, the fact that you can safely wash your hands with it, and the TV news program in which Retired Rear Admiral Lively drank some of it
) Boom deployment actually works and can help since OSE II causes oil to float
) OSE II causes the oil to float, because of the method in which it goes to work on the oil, it is still very difficult to see
) defined end point of turning the oil into water and CO2
The above clearly demonstrate that it is the best and only needed oil spill response and that it will, even at this late date, remediate both fresh and weathered oil and dispersant currently in the Gulf.


David Tsao, Ph.D
BioChem Strike Team Leader; Deepwater Horizon

Robert Johnson & Norman Flick

Nov. 24, 2011, 7:12 p.m.

BP should be seized by the USA, pay the poor people that were damaged, then if anything is left return that to the BP stockholders.
There are no laws to protect the poor,  Only ones protected are the
super rich.  The FB i not allowed to investigate the powerful and     rich when it benefits a poor person. Several attorneys and Judges
have stolen my Commericial Real Estate and Southerm District of Indiana Judge Sarah Elizabeth Barked covers up their white collar crimes and Public corrupstion.  my name. Norman Flick (317 418-7009
or at: .(JavaScript must be enabled to view this email address).  Thanks Norman

City Financial Services

July 14, 11:59 p.m.

Do you need a loan at 3%? if yes please contact us for more information through this direct email: .(JavaScript must be enabled to view this email address)

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