Eight years?

Just a quick note...  Just got off the 800 # with gccf in Ohio.  Spoke with a young man named Michael Gray.  Michael said that the call center is not in touch with the claims processors, and that our claims might be paid tomorrow or eight years from now.  At the current rate of two claims paid a day, it would take about eight years to pay all 5853 claims already filed.  And what about the next wave of claims about to be filed?

13...

Wow.  Thirteen?  Really?  The gccf established its "Final Rules" for paying Interim and Final Claims on Friday Feb 18.  The gccf pledged to begin paying Interim and Final Claims in "mid-February".  OK.  After one week, 13 out of 5853 Mississippi individual Interim Claims have been paid.  Thirteen?  Really?  At the rate of two a day, we are all in serious trouble.  Could this really be an eight year process?  And yet, Mr. Feinberg can deceptively, but truthfully, say "We are paying claims".

Included is a letter to State Legislator Bobby Moak and local Councilman Windy Swetman, who met with gccf representatives on Feb 9.  Also included is a letter to gccf-casino liaison and Feinberg-Rozen representative Bill Mulvey.  We continue to try to get accurate information, but continue to get mostly stone-walled.


Bobby, Windy,

Thank you both again for your interest in the future of South Mississippi.  There seems to have been some sense projected from your meeting with the gccf on Wed 2/09 that perhaps casino workers would see some positive resolution in about "two weeks".  We must point out that at seventeen days, we have seen only 13 of 5853 Mississippi individual Interim Claims having been paid, no casino claims that we know of.  The gccf established its "Final Rules" for paying Interim and Final Claims on Friday 2/18, seven days ago.  Paying at the rate of two a day leaves us all in serious trouble.  HELP ! ! !

Bill,

..."Final Rules" were put in place a week ago on 2/18.  As of this morning the gccf website reports that of 5853 Mississippi individual Interim Claims, only thirteen have been paid.  At the rate of two a day, we are all in serious trouble.  What's happening?  Please let me know.

12...

As of this morning, the gccf website shows twelve Interim Claims having been paid in Mississippi.  They average a little less than $5000 each.  We know of no one personally who has been paid.  Still would like to see the first few casino claims get paid.

just a note...

We understand that Diane Sawyer will be featured on ABC's World News Tonight sometime this week with a story on the "outrage" over Ken Feinberg having distributed only $3 billion of a $20 billion fund intended to rescue the Gulf states from the effects of the bp oil blow-out ten months after the event.  Not sure what day it might appear.  Probably depends on how coverage will be required for current events world-wide.

Still hoping to see the first Interim Claims paid soon.

Good news?

Good news?  Who knows, as we all have come to realize, things seem to change daily.  Getting a straight answer from the gccf 800# has proved impossible.  When we make three consecutive calls, we speak to three different people and get three different interpretations of their lack of real information.  Confused?  So are we.

There are several things we have come across in our personal review of the "Final Rules" that SEEM to work in our favor.  The "proposed methodology" showed comparing 2010 income to the average of '08 and '09 income to determine loss.  Final Rules seem to indicate that 2010 will instead be compared to the higher of '08 or '09.  Most of us were expecting 2010 income to be at least back to '08 pre-recession levels.  This should help, though most of us were projecting 2010 to be even better than '08.  Second, it seems that Interim Claim amounts will be rounded up to the nearest thousand.  If a claim is approved for $2500, it will be paid $3000.  Third, a Final Claim amount will be offered, matching the Interim Claim.  If our calculated Final Payment Offer is below $5000, our Final Payment Offer is the $5000 Quick Payment Amount.

As we know, things have tended to change rapidly with the gccf.  At this point, we would just like to see the first of our claims get paid. 

information and misinformation...

Wow.  Suddenly, things have turned yet again.  Really, who knows what to think now?  The "proposed methodology" for figuring claims seems to now be finalized into the "Final Rules" with very few changes.  According to the gccf, there were over 1400 public comments on the "proposed methodology".  Anyone reading through them could easily see that the comments were almost universally strongly against the proposals.  And, of course, the comments and suggestions were almost universally ignored by gccf.  Not surprising, given how totally unresponsive gccf has been to the plight of real people.  Potential good news is that "...the gccf will now commence the next phase of the Payment Program:  the payment of Final and Interim Claims..."  gccf'f'rs on the 800# are sticking by "mid-February" for the beginning of payments.  By "mid-February" do they mean sometime between Feb 2 and Feb 27?  We shall see...     

letter to Bobby Moak and Windy Swetman...

Bobby and Windy,

 

All Mississippi casino workers very much appreciate your going to bat for us at the recent gccf meeting.  We particularly appreciate your confidence that casino workers will be treated fairly.  Since 2010 income was projected to be at or above '07 and '08 levels, the 2010 actual income plus 25% would be a minimum to cover 2010 losses fairly.  Since health, seafood safety, and tourism levels will be affected for years, a four to five year final claim amount would be the minimum acceptable in terms of fairness.  We also very much appreciate your "trusting everyone that was at the meeting in the Feinberg group."  We very much wish we shared your confidence.

 

My wife and I filed our Emergency claims on Oct 10 in the Jackson County gccf office.  We were told that our claims were well and completely documented, among the best that they had received, and that we should expect checks in three to four days.  Wrong.  Didn't happen.

 

Then we were told that the system was just backed up a little, and that we should expect checks within two weeks.  Wrong.  Didn't happen.

 

We made numerous calls over the next five weeks and were told every time that we were "under review".  Wrong.  Turns out that we had been denied from the start.

 

On Nov 9, Mr. Feinberg met with local casino and other business representatives, and, according to a WLOX interview, "The goal, according to Feinberg, is to make sure casino workers are considered just as fairly as others in the seafood and tourism industry.  "What we have to make sure of is that individuals are treated fairly, consistently," Feinberg said. "I'm here to pay claims, not to deny claims."  Wrong.  Within the next week and a half, ALL casino claims were denied. 

 

We were told the Interim Claims process would begin immediately after the Emergency Claims process closed on Nov 23.  Wrong.  The Interim Claims process began 3 1/2 weeks later on Dec 17.

 

We were told that a staff of attorneys would be available beginning Dec 17 to answer questions about filing and processing.  Wrong.  They didn't show up for two weeks.

 

We were told that the Brunini firm was entirely independent.  Wrong.  They handle work for bp, and were soon replaced by gccf.

 

Mr. Feinberg states that he is entirely independent.  Wrong.  Judge Barbieri has ruled otherwise.  And, more recently, the only Interim Claim paid, according to Mr. Feinberg, was paid without gccf review and at the direct order of bp. 

 

As published by ProPublica on Dec 14:  "Feinberg said that he would post a description of his methodology for evaluating claims online and in every claims office in the Gulf, and said he would release the methodology within the next 10 days. "We will have full transparency," he said."  Wrong.  Didn't happen.  The "proposed" methodology was finally released FORTY days later.  The "proposed methodology" is so simplistic and badly flawed, that it couldn't possibly have taken more than two or three days to write.  (Please scan the gccf website "Comments on Proposed Methodology".)

 

We filed our Interim Claims on Dec 20 in the Harrison County gccf office.  Again, we were told that our submitted documentation was full and complete.  Wrong.  Forty days later, the gccf published new requirements for Interim Claim documentation.

 

We were told that Interim Claims processing would begin immediately.  Wrong.  Not yet.

 

We were told that Interim Claims processing would begin in January.  Wrong.  Not yet.

 

We were told that Interim Claims processing would begin Feb 1.  Wrong.  Not yet.

 

We were told that Interim Claims processing would begin mid February.  Wrong.  Can't possibly happen.  Comments on proposed methodology doesn't even end until Feb 16.

 

We were told by a gccf-feinbergrozen representative in the Washington office that we probably would be paid within five to fifty days.  Wrong.  We are now past 56 days.

 

From our point of view, the gccf, from Mr. Feinberg on down, is, at best, 0 for 15 in truth-telling.  We have been alternately so hopeful and so crushed so many times over the last four months, the stress is literally killing us.  The gccf processed almost 1/2 million claims in the ninety days from Aug 23 to Nov 23.  In the ninety days from Nov 24 to Feb 24, one very suspicious claim only.  Thousands of servers and service people on the Mississippi Gulf Coast were treated very generously by gccf in the Emergency Claims process.  We ask only the same, and should in no way have to bow down and compromise on "some type of median ground".  What was fair for them should be fair for us.  This $20 billion does not belong to gccf or Mr. Feinberg.  It is not government money we are taking out of each others' pockets.  It is not even bp's money anymore.  It is money specifically allocated for the recovery, rebuilding, and stimulation of the economy of the entire Gulf Coast region, and should be spent to the very last penny for that purpose.  Goodness knows, we all need it.  IF any money comes my way, it will immediately be spread throughout the community for car repair, fence repair, roof repair, medical and dental expenses, etc.  Every dollar that comes into our area benefits every one of us.

     

 

 

hash...

...ran into Roderick Miller this morning.  We talked for most of an hour.  It seems the Beau Rivage was not so happy to be mentioned as an employer of a Gulf oil spill victim in a national newspaper (USA Today, Dec 27, 2010).  But, to their credit, are now on board with supporting employees in filing claims.  We rehashed a lot of this long gccf business.  And what a hash it has become.  The gccf continues to give us a little of this and a little of that, bits of hope, resulting in really nothing true at all.  We are happy to hear that our elected representatives believe that gccf will process and pay our claims in a positive and timely manner.  The roller coaster continues.  After having been deceived so many times since Oct 10, it is hard for us to be totally optimistic.

In the ninety days from Aug 23 to Nov 23, gccf processed almost 1/2 million claims.  In the next ninety days from Nov 24 to Feb 24, they will have processed exactly ONE claim.  That one claim defines irrefutably that gccf is NOT independent from bp.  That one claim was paid without gccf review (according to Ken Feinberg) simply because bp ordered that it be paid.

Mr. Feinberg, it is NOT your money!  That $20 billion is committed entirely to rebuilding the Gulf Coast.  LET IT GO ! ! !      

letter to Windy and Bobby...

Windy, Bobby,

 

Thank you very much for representing the Mississippi Gulf Coast at the gccf meetings.  The WLOX  3pm online report was sketchy on plan details.  We very much support compensation for a 25% loss in 2010.  That would just about match '07 and '08 incomes.  We would most definitely hope that the term "hourly wage" refers to hourly wage plus tips, as reported to the IRS by our payroll departments.  We expect this would be for our eight months of losses in 2010.  The real rub involves the factor "x 2" for Final Claims.  Does anyone really believe that our health, our environment, and our economy will be back to normal with no further ill effects at all by August of 2011?  Our part-time hours are down.  Our snowbird count is down.  Tourism can't be expected to rebound to '07-'08 levels while oil and health concerns remain in the news and in reality.  Long term health effects and seafood effects are just now becoming apparent.  Alaskan fisheries are not yet back to levels of twenty years ago.  We are thinking that a full three to five years might more closely begin to be appropriate for Final Claims.  Please work hard for a "x 4" to "x 6" factor.

 

As I have pointed out before, the crux of this matter starts at the top with a hoarding mentality.  The Sun Herald's AP report of Feb 4 attributes to Ken Feinberg "He has not committed to spending the entire $20 billion and has suggested previously that as long as he does his job there is nothing wrong with the idea of money being returned to BP."  It is VERY wrong to even think about returning any of this money to BP.  Again, this money does not belong to gccf or Mr. Feinberg.  This is not government money we are taking from each others' pockets.  This is not even really bp's money anymore.  This is a fund strictly allotted to the recovery, rebuilding and stimulation of the economy of the greater Gulf Coast.  Every single dollar should be spent for that purpose.  The committment must come from the top to spend every last penny.

 

Thanks again,

  

 

 

letter to Bill...

Sent the following email to Bill Mulvey, gccf-casino liaison in Washington, D.C.  CC'd Beverly Martin, Jim Hood's office, and media.

Bill,

Here is the crux of the whole problem: 

   

Regarding Mr. Feinberg:  "He has not committed to spending the entire $20 billion and has suggested previously that as long as he does his job there is nothing wrong with the idea of money being returned to BP."

Read more: http://www.sunherald.com/2011/02/04/2836407/us-to-feinberg-loosen-purse-strings.html#ixzz1DLUB8n8g

You know, in Table Games, people sometimes joke with us about holding on to the money.  We always say, "It's not OUR money.  We WANT to give it all away."  That's the case here.  This $20 billion does not belong to you, the gccf, or Mr. Feinberg.  It is not government money coming out of the pockets of our fellow citizens.  It's not even actually bp's money anymore.  The whole amount was set aside for the express purpose of rebuilding and stimulating the economy of the entire Gulf Coast region.  Yes, there is PLENTY wrong with the idea of ANY money being returned to bp.  It should be spent to the last penny for its original purpose.  When we hear a hoarding mentality coming from the very top, it's easier to see why all the minions are trying so hard to limit distribution.  This whole process is going in the exact wrong direction, and is getting scarier every day.

By now, there are hundreds of comments posted on the proposed "methodology".  Those who have written all are smart enough to clearly see the truth.  You have hundreds of different people from hundreds of different backgrounds who are independently ALL coming to the same conclusions.  Averaging is seriously wrong.  The x2 factor is disastrously wrong.  One well-compensated, non-independent teacher from Texas does not a case make, by a long shot.  Business figures are very wrong.  Stall tactics grow more egregious.

By the end of this "review" period, we will be almost three months out from the end of the Emergency Claims process.  And we have nothing at all to show for it except an over-simplistic and badly botched "proposed methodology" that obviously couldn't have taken more than two days to write.  You can clearly see why we have no confidence in gccf or anything they say.  You can clearly see why so many people are so angry.  All we see from our point of view is gross incompetence from top to bottom.  And it really is so easy to fix.  The committment MUST come from the top to spend ALL of the $20 billion as quickly and efficiently as possible.

Thank you,

---Brad McDonald...

        

more interesting...

More interesting than any blog is reading the comments on the "methodology".  On gccf website, click on "Comments on Proposed Methodology".  There are many hundreds of comments from many hundreds of different people, all saying the same thing.  Basically, this proposed methodology STINKS ! ! !  There are two main arguments.  The idea of averaging '08 and '09 income is horribly wrong, benefits no one, and is, in fact, destructive to everyone.  Those who managed to make improvements in their lives from '08 to '09 are penalized.  Those whose lives were adversely affected by outside circumstances in '09 are penalized.  And the bizarre notion that future Final Claims need cover no more than equal to our past eight month's losses is naive at best and pure evil at worst.

Those of us in Table Games love to give away money.  We often say to guests, "We want to give you this money, it's not ours!"  In the Sun Herald, Friday, Feb 2, by Harry R. Weber, AP; "He (Feinberg) has not committed to spending the entire $20 billion and has suggested previously that as long as he does his job there is nothing wrong with the idea of money being returned to bp."  OF COURSE THERE'S SOMETHING WRONG ! ! !  This money was allotted by bp specifically and totally for the recovery, rebuilding, and stimulating of our entire Gulf Coast's economy!  It would be purely criminal if it were not spent to the very last penny on Gulf Coast economic recovery!

This is not Feinberg's money, not the gccf's money, and not US government money that we are taking out of each others' pockets.  This is foreign national money that is promised to our region.  Every single cent of it should be spent for it's designated purpose.     

questions about "methodology"

There is so much wrong with the published "methodology" that it will take several days of discussion to cover it. 

Re: Attachment A - Sample Calculation for Individual Claimant:

Calculation will apparently be based on a comparison of May - December wages for each of '08, '09, and '10.  Nice, except that none of the information asked for by gccf and submitted by us offers any breakdown of wages by month.  Can't imagine how this will be figured accurately.

Loss will be figured comparing 2010 wages with the AVERAGE of '08 and '09 wages.  Very unfair for all whose '09 wages were badly suppressed by big money's and big government's running us over an economic cliff into recession.  We shouldn't be punished for their mistakes.  Haven't we all been punished enough by fiscal gross mismanagement?  Also, circumstances beyond our control caused many of us to miss significant work time in '08 or '09.  Definitely shouldn't be punished for that.  Very unfair to many who managed significant raises or promotions in '09.  Why should they be punished for managing to make significant improvements in their lives?  Obviously, the only right thing here is to compare 2010 with the GREATER of either '08 or '09.

What ever happened to evaluating each claim on it's own merits?  This cookie cutter crap is just unfair and wrong for everyone.  

"methodology"

This "methodology" published by gccf today is the most vile, cheapest, lowest pile of dung.  We had not personally believed that even the habitually-lying, bottom-feeding gccf could possibly stoop so low.  All we have ever wanted is to be treated as our tip-earning brothers and sisters were treated through emergency claims.  First, casino workers were wrongly excluded from badly-needed emergency payments.  Now we are being asked to settle for toothpicks.  With the emergency claims there were many who claimed $1000 and received $5,000 or more.  It looks like those of us who have filed for $5000 through the interim claims will be lucky to receive $1000.  And Final Claims will cover only 16 months, May '10 thru Aug '11.  What a bad, sick, twisted joke.

Further, there are questions about the "methodology" which would seem likely to create further delays and even more information being required of us.

I am absolutely ill over this latest sick and twisted trick by gccf.