Posts Tagged ‘quick payments’
For someone who claims his GCCF process has been “vindicated,” Ken Feinberg is really going through the legal maneuvers to make sure Jim Hood, Attorney General of Mississippi, can’t get a look behind his curtain.
The lawsuit, originally filed in Hinds County Chancery Court, came when Mr. Hood asked Feinberg to turn over the records of BP oil spill related claims by workers and business owners who gave Hood permission to review their personal financial information.
Feinberg said no, so Jim Hood filed suit. Then Feinberg said he wanted the case removed to Federal Court because the spill happened on the Outer Continental Shelf.
It certainly had nothing to do with the idea Ken didn’t want the case to be heard by a Mississippi Judge, presiding over Mississippi people upset about a spill affecting their Mississippi lives, beaches and businesses, nor how Hood was primarily concerned that Feinberg had violated the Mississippi Consumer Protection Act.
Why, that would be ridiculous…Feinberg’s just trying to follow the law.
And now, not content to stall this lawsuit by moving it to a potentially kinder judge in Federal Court, he now wants the case stayed:
“Feinberg, the administrator of the Gulf Coast Claims Facility, says all proceedings should be delayed until it is decided if Hood’s lawsuit should be transferred to the BP oil spill multi-district litigation in New Orleans, “this court should stay this case pending the (Judicial Panel on Multidistrict Litigation’s) decision whether to transfer it to MDL 2179 so as to prevent the needless waste of time and resources of the parties and the court and to avoid potentially inconsistent rulings.”
Needless waste of time and resources?
Well, Ken might know something about that…ask claimants still waiting for payment along the Gulf Coast. Ask people who had to wait for their interim payments while Feinberg worked first on claims more beneficial to his boss, British Petroleum, the quick claims, the final claims, that required claimants to waive their rights to sue BP.
This all continues to be about transparency. Ken Feinberg has consistently said he understands the GCCF should be more transparent, and he has consistently done little to nothing about it. So when a group of claimants gives permission to the Mississippi Attorney General to look at their claims, at their personal financial information to ensure everything is on the up and up, Feinberg again errs on the side of being opaque, and then he stalls.
And then he stalls some more. And then he requests a stay.
Really, it’s time for this to stop.
Read the article,
Have a nice day.
Your Musical Interlude…
Dax Riggs – I Hear Satan
Last year, I was hanging out at MRB’s on St. Phillip, primarily because it was one of the few bars I could find in New Orleans that had hockey on their several televisions, but also ’cause back when I lived round town, few years back I was good friends with one of the bartenders, the bar I worked at being only two blocks away…my year break from social work and all that…time off, refresh, have many drinks while serving many drinks over many days and months and drinks, and did I mention…drinks?
Anyways…once a social worker, always a social worker and it don’t matter if you’re taking a break or not, you pay attention to people and you look, at least I do, for signs exhibited by those around you indicating how their days are treating them…
And that night at MRB’s, I was watching the Detroit Red Wings get clobbered, made all the more amusing because the bartender was sporting a Red Wings t-shirt and truth be told, I was watching the people much as I was watching the game and I noticed a particular woman, hanging out, shooting pool. She was early thirties, but dressed like a school-girl, pale skin, goth black hair in pony-tails, short plaid skirt and bright red lipstick. The sexual suggestions were not suggestions at all, and she was not alone. She was attractive, if you’re into that kind of look, the Suicide Girl tattoo thing, but what I found most fascinating was who she was with. I’d say he was mid-fifties, rather large, stained shirt and drunk as fuck and it became apparent this wasn’t a one time hook-up between the two, it was something more regular, more familiar. The bar knew the guy and showed no reaction whatsoever to her volume, her arms wrapped round his neck, her hand occasionally dropped to his crotch and she addressed many by name, but while I drank my drinks and watched the game I did notice a glance my way, a smile framed by those red lips, her pitch black mascara round arched eyes and a suggestive leg draped over the pool table, showing a lotta skin and a lotta exhaled breaths, lost way too quickly. At one point she watched me watching and she leaned over the table to take a shot, cue stick in hands. Glancing behind she grinned, then flipped up the short plaid skirt to reveal her g-string…
I felt bad, especially as she went back to the greasier man to grab the cigarette he extended and a fresh drink…I didn’t know why for sure I felt bad, but I did. The whole thing just smacked of bad knowledge…soon to be made even worse when she slid over to me, cigarette extended and paused…
Obligingly, I flicked the lighter as she leaned in, and she inhaled, then exhaled, her larger eyes fixated briefly on mine as she said…”I hate my life. I want to die.”
When she said the words, her face went blank and her eyes, they just kinda emptied…and over a year later, I haven’t forgotten her. She was a kind of photograph, a reminder of the many faces desperation can undertake, and a reminder how as a social worker, sometimes there’s nothing you can do, especially when you don’t even know if its any of your business…the whole thing just kind of sucked, really…
So, the moral of the story?
Feinberg is fucking over a lot of people, even the oyster fishers he claims to really have an eye out for, showing that GCCF fire just burns on and on…
Read the article:
Have a nice day.
Ken Feinberg, in an article from yesterday’s Times-Picayune, reports the pace of payments by the GCCF have improved, sped up and are finally hitting their stride. In the article by David Hammer, it is reported the average amount of final payments have increased, as has the percentage of final payments paid, also, the GCCF has processed 95% of the 300,000 claims that were filed before the month of May.
All true…and if these were the only measuring sticks we had, we should all be so impressed.
Unfortunately, there’s more to this story:
Yes, the average of the final payments are up from $16,000 to $20,000 dollars and whereas yes, this is an improvement, is it enough to compensate for all damages past, present and future, making the people whole? I don’t know, how much did you make last year? How much did the people in the Gulf make last year? Was it more than $20,000 dollars, and considering we know some larger companies have received payments as high as ten million dollars, what do these large sums do to the average payment of the average fisherman, average tour guide, average restaurant worker…average anybody, that’s a question I’d like an answer too. How much are the specific payments? Unfortunately, these questions will remain unanswered, because Ken’s promises of greater transparency have never materialized…
Yes, the percentage of final payments continue to rise. He has paid 26% of the final payments that have been filed, course it is fourteen months after the oil began to spill, and many have yet to get back to work while very few are earning what they did before the Deepwater Horizon exploded. It would seem that congratulating Feinberg for the percentage of claims paid rising is akin to congratulating someone for doing what they were hired to do, what they’ve been paid handsomely to do, and in this particular case, ignoring the exceedingly long time it took to get there…and, how much further Ken still has to go…
Yes, the GCCF has processed 95% of the 300,000 claims made. Impressive, except that 40% of those were denials and due to a lack of transparency, we don’t know why and according to many of those denied, they don’t always quite understand why either. Also, a large percentage of those 300,000 claims were of the quick claims variety which stipulated no questions asked, individuals get $5,000 and businesses get $25,000 dollars or in other words, the simplest of claims to process. This means the majority of those claims still waiting to be processed are the most complex and time consuming. Do we congratulate the high school graduate for demonstrating a mastery of addition and subtraction?
So, Feinberg still has three quarters of the claims to pay, continues to pay what would seem a small amount to claimants and has processed the easiest claims first…but he’s hitting his stride…all while financial desperation remains, with thousand upon thousands of claims waiting.
And there’s more…as the article continues:
“Catholic Charities case managers say they haven’t seen too many of the 1,300 fishers who have reportedly taken full-review final settlements from Feinberg. They have, on the other hand, seen thousands who have been denied interim payments on a quarterly basis. Federal law requires Feinberg to pay for ongoing losses without forcing claimants to sign away their rights to sue. But he’s made only 16,000 such payments.
Tom Costanza of Catholic Charities said most of the interim payment offers are minuscule and are attached to final payment offers. Even if those final offers aren’t close to what the claimant requested, the prospect of another quarter without aid is often too much to bear. He said that 70 percent of the claimants who have turned to state-financed technical assistance advisers for help are still waiting for resolution. “I just can’t see how this is moving in the right direction,” Costanza said. The stalemate is most pronounced with subsistence claims, a crucial issue in the Gulf Coast’s fishing-centric Vietnamese communities.”
As has been the case since the GCCF’s methodology was put into place…the quick payments were done ASAP while the final payments were slowly worked on, but seemingly neglected for the most part in all this are the interim payments. The interim payments are the only claim one can file which does not require the claimant to waive their right to sue British Petroleum. As Tom Costanza says above, when miserly interim checks arrive to the claimant, also accompanied by a final offer…can we finally put to rest the idea that Ken and the GCCF aren’t trying to coerce as many as possible into signing away their legal rights? Because yes, it would certainly seem the message being sent to those filing interim claims is as follows: not only will you wait the longest, your checks will be quite small, but take a look at what you could have if you accept the final payment…all you gotta do is sign by the “X”.
Meanwhile, it remains quite obvious that many, many people continue to be upset with the GCCF process…hell, as recently as this past week, people continue to post comments on this blog expressing their dissatisfaction…but of course, Ken has his supporters as well, Mike Voisin, owner of a Motivatit Seafood is mostly pleased with Feinberg and the GCCF, “I think Ken’s gonna make it right,” Voisin said. “We have a responsible party that I believe is acting responsibly in this case. Will people fall through the cracks? Certainly. You have this many claims, it will overwhelm even Ken Feinberg…”
Okay, but what of those people who fall through the cracks? Of the the well over 100,000 people denied outright by the GCCF, how many of those claims might have been legitimate? How many of those were indeed claims that simply fell through the cracks?
Want to know how many should be allowed to so fall?
Yes, this is a very exacting amount, something that will be very difficult to do, but so what? Nobody on the Gulf Coast or beyond asked for the oil spill, therefore nobody should be left behind. Nobody. It isn’t like the escrow money is running out. By Ken’s own estimates, he’s still sitting on almost $16 billion dollars of the $20 billion allotted. Nobody should be left behind, because when someone falls through the cracks, this is what it looks like:
“The chief engineer aboard a supply boat that was near the Deepwater Horizon when it exploded, and whose company quickly began working for BP in the cleanup, claims he was pushed into accepting a settlement for debilitating oil spill-related illness before the extent of his injuries was known.
Clayton Matherne says he accepted a $21,000 settlement from Guilbeau Marine without realizing that in doing so he was giving up his rights to get anything from BP. He says his medical bills have come to $700,000 and he still is dangerously ill, “The president of the United States and the federal government of the United States promised to protect us, but since the oil spill in 2010, they’ve chosen to turn a blind eye,” Clayton Matherne told Courthouse News in a telephone interview.
At an oil spill summit at the Hilton in New Orleans on anniversary of the Deepwater Horizon explosion, Kenneth Feinberg, who oversees BP’s $20 billion claims process at the Gulf Coast Claims Facility abruptly ended a public meeting shortly after Matherne asked him how it was that the Gulf Coast Claims Facility had managed to lose all of Matherne’s medical records seven times. “The GCCF says they don’t have enough documentation to pay a $100,000 claim, when in fact this amount is only half – I’ve faxed my medical records seven times,” Matherne told Feinberg at the meeting. “Where are medical claims going?”
“We will honor all claims,” Feinberg said, then asked: “Was there evidence the medical condition was on account of oil?” Feinberg told Louisiana lawmakers this month that the GCCF had not seen a single claim for oil-related illnesses on the Gulf Coast. “Did Feinberg follow up? No!” Matherne said in the interview. Neither did Louisiana Senator Mary Landrieu.”
Nobody should be left behind…
Feinberg should stay at it for as long as it takes…
And so the Gulf Coast can be sure anyone entitled a payment receives a payment, Feinberg should finally open his books, once and for all…without greater transparency, the Gulf Coast will never really know what is happening here.
Taking Ken’s word for it, as I’ve written before, is as much a thing of the past as Bobby Jindal’s sand berms.
Feinberg is the man who said he was neutral until Judge Barbier said he wasn’t. Feinberg is the man who said there were no health claims, and then quotes popped up where he discussed the health claims he’d received, and denied. This is also the man who told many claimants at town hall meetings he would follow-up with them personally, then never did. Finally, he’s the man who said he was coming to the rescue of the Gulf Coast, only to make too many, far too many, feel they needed rescue from his Gulf Coast Claims Facility.
So ultimately, yes…Ken Feinberg can “say” whatever he wants…that he is hitting his stride, but what he is actually “doing” still leaves much to be desired.
Have a nice day.
In a great article about the GCCF, Riki Ott attacks both Feinberg’s recent declaration that he’s received no health related claims, and also how being the scientist he is, hasn’t seen any scientific evidence of the link between BP and Nalco’s chemicals and Gulf Coast sickness:
“Recently Kenneth Feinberg, the lawyer overseeing the $20 billion Gulf Coast Claims Facility to “make it right” for people harmed by the British Petroleum oil blowout disaster, told a Louisiana House and Senate committee that he had not seen any claims, or any scientific evidence, linking BP’s oil and dispersant release to chemical illnesses. Feinberg also stated that chemical illnesses take years to show up — conveniently well after his tenure with the compensation fund.
Instead of tossing the media a juicy bone, Feinberg tossed a red herring. He is wrong at worst, or intentionally misleading at best, on all points.
The GCCF process makes it difficult for people to be compensated for medical claims or even raise illness claims, while making it easy to release claims and rights to future medical care and benefits for chemical illnesses or other medically-proven illness related to the BP blowout and disaster response…”
Have a nice day.
They both hired Guidepost Solutions to investigate their victims.
When Feinberg decided his “no strings” offer of quick payments for claimants was too, “no strings,” he hired Guidepost Solutions to begin investigating their already paid EAP claims and If the EAP claim was then found to be fraudulent, no quick payment…
And when Strauss-Kahn, the now former head of the IMF gets charged with sexually assaulting a hotel maid, not only does Ben Stein inexplicably come out and defend him(?) by saying hotel maids are a general pain in the ass, but according to the New York Times, Strauss-Kahn’s attorneys hire Guidepost Solutions to investigate the background of the alleged victim…
So, Guidepost Solutions’ll apparently work for anybody, won’t they? Hopefully somebody reminds them some day what mother said about the friends you run with – their character has a way of rubbing off on you…
Have a nice day.
Barack Obama finally releases the birth certificate, quelling a distraction to his campaign…and conspirators of the world begun their new narratives…it’s a fake or, if you read between the lines, it admits he worships Allah…
Give it time, it’ll happen.
And now, it’s Feinberg’s turn.
Ken has been claiming all along the reason he can’t pay claims is because claimants aren’t providing the documentation necessary. He says his motivation is not to save BP money, his payouts are not unequal, too small, or arbitrary. He claims people who challenge him, the claimants, the writers, the local politicians just don’t have the facts and don’t know what they’re talking about…
Then open it up, Ken.
Prove to us how wrong we are about you, the GCCF and British Petroleum.
From the Pensacola News Journal:
“So here is our suggestion to clear the air and brush away suspicion: Allow public scrutiny of the claims.
Not all the claims, of course. And names and businesses can and should be redacted.
But it is not unreasonable, we think, to have a designated university in each affected state audit the claims, compile the aggregate data of a scientific sample and release that data to the public. No names, no privacy violations, just raw data that would allow the public to see how efficiently — or not — the fund works.”
People believe you are stalling the claims.
Prove this is not the case.
Until you do, this issue will not go away, not even after you’re long gone from the Gulf Coast.
It’s time for the GCCF to release their birth certificate.
Read the editorial:
Have a nice day.