letter to all...

email to Bobby Moak, Mississippi State Legislator in charge of the Gaming Commission; Mary Perez, Sun Herald journalist; Anita Lee, Sun Herald journalist; Mary Jo Perez, Mississippi State Attorney General's office; Bill Mulvey, Feinberg-Rozen employee appointed gccf-casino liaison...

Bobby, Mary, Anita, Mary Jo, Bill,

We are now TWO weeks out from the enclosed news.  We keep a very close ear to the Mississippi Gulf Coast casino network.  There are no "checks-in-hand" that we know of.  There are six confirmed "denial" letters, all stating the same reason, "losses not related to the oil spill."

---Brad...

Friday, Apr. 15, 2011

Moak: BP checks could be headed to casino workers

By MARY PEREZ - meperez@sunherald.com

BILOXI -- Casino employees could soon receive payments for their BP oil claims, Bobby Moak, D-Bogue Chitto, chairman of the Mississippi House Gaming Committee, said Friday.
Moak said he got the word from Bill Mulvey, the casino liaison for the Gulf Coast Claims Facility.
“He told me this morning some folks should have checks in their hands next week,” Moak said.

“I would like to see something get paid,” Brad McDonald said. He and his wife ... said they remain skeptical.
"This is simple stuff," he said.  "It's not big money and it's not very complex."
They filed their first claims in October and Interim Claims in December and were told there would be a determination within 90 days of the claims being presented to gccf.


Read more: http://www.sunherald.com/2011/04/15/3032322/moak-bp-checks-could-be-headed.html#ixzz1Kz3IZCsi

killing me...

Bill Mulvey,

 

Don't even know how to start...

 

We are receiving a sweep of denial letters again.  Bill, this is NOT American tax money we are taking out of each others' pockets.  This is not entitlement money.  This is money from a foreign corporation who's profits are up, who are making many hundreds of billions of dollars, and who are, themselves, suing Transocean for $40 billion!

 

PLEASE ! ! !

 

Can somebody get real here and stand up for America?

 

This is money already fully committed for the specific purpose of re-energizing the American Gulf Coast economy.  One year later and you have only $4 billion of $20 billion sent out.  BP buys full page ads down here every day saying they have committed $20 billion to our economic recovery, including covering lost income.  It's a year later!  We are dying!  There IS no covering of lost income!  Why are you sitting on all this foreign money, when we all need it so badly?  Have you read the thousands of responses to the "proposed methodology"?  There is catastrophic loss and pain in this country that Ken Feinberg is ignoring in favor of a foreign country.

 

Let GO of the money!  This is taking WAY too long!  We don't care if anybody gets overpaid, it's not money out of Americans' pockets!  Any money coming into our community immediately spreads around and benefits all.

 

Very Sincerely,

 

---Brad McDonald... 

So...

Mary Perez, Sun Herald reporter, called me today.  She spoke with State Representative Bobby Moak, Chairman of the House Gaming Commission, who reportedly spoke with Bill Mulvey.  Bill is the Feinberg-Rozen representative assigned as "gccf-casino liaison".  WLOX news has a telephone interview with Bobby Moak as well.   Mr. Moak said about his conversation with Bill Mulvey, "He had told me this morning that he expected some workers to start receiving their checks next week."

Ah so, we shall see... 

90-day doubletalk...

The "Protocol" seems very clear.  We "presented" our claims to the local gccf office on Dec 20.  90 days is Mar 20.  A gccf 800# rep then told us that 90 days begins when they receive and enter the claim in Ohio.  For us, received Jan 4, 90 days being April 4. 

"Gulf Coast Claims Facility Protocol
for Interim and Final Claims
February 8, 2011

V. REVIEW PROCEDURES

A. Determination of Claims

1. After an Interim Claim or a Final Claim is presented, the GCCF shall determine within 90 days whether to make a payment to the Claimant and if so the amount of such payment."

We spoke with another 800# gccf rep yesterday who told us that the 90 days begins, not when a claim is presented, as the protocol states, but when a claim is "substantiated", as put forth in the "FAQ" as follows...

"Frequently Asked Questions

SECTION 5 - INFORMATION ON FULL REVIEW FINAL PAYMENT CLAIMS

40. Do I have to submit documents to be paid a Full Review Final Payment?
Yes. To be considered for a Full Review Final Payment, you must submit documents that prove the losses or injuries you claim you suffered as a result of the Spill. A Full Review Final Payment Claim requires complete substantiation and documentation of all damages sustained in the past.

50. How long will it take for me to get a Full Review Final Payment?
The GCCF will fully evaluate and determine your Full Review Final Payment Claim within 90 days after receipt of your substantiated claim. You will be notified of the amount of the Final Payment Offer or of any missing documents that are necessary to be able to evaluate the claim within this 90-day period. Claimants who previously submitted a Final Claim will have their claim reviewed on a priority basis.

66. How long will it take for me to get an Interim Payment?
Within 90 days of receipt of a substantiated claim for an Interim Payment, the GCCF will evaluate and review the submitted documentation. The GCCF will mail you notice of your eligibility and calculated amount for payment of your Interim Payment Claim."

The scary part is this:  there is no information posted about what constitutes "substantiation", and there is no time frame posted on the "substantiation" process.  In fact, I was told that there is no information available to anyone at the gccf call center or the gccf "Research Department" on if or when our claims have been "subtantiated" at all.  At the current rate of claims payment, we could be waiting several years for our claims to be "substantiated" before our 90 days even begins. 

"63. What if my claim is missing any documents needed to prove my Interim Payment Claim?
If you fail to submit the required documents to prove your losses or injuries, you will not be paid for them in an Interim Payment. The GCCF will not send any deficiency notices to you to notify you of any documents missing from your file. Instead, your losses will be determined solely on the basis of the documents you have submitted."

Really?  What is this about?  We are certain that several have already received requests for further documentation regarding their Interim Claims.

 

 

letter to the editor...

Gentlemen,

 

The Sun Herald issue of Sunday, April 3, printed a Page 20A full-page ad for BP.  We are particularly concerned over the conflicts with truth.  One line says, "We've committed $20 billion to an independent fund to pay for environmental restoration and all legitimate claims, including lost incomes."  The truth is that the fund has been ruled NOT independent by a Federal judge.  Kenneth Feinberg, BP's agent, has been quoted by the Sun Herald as saying that $10 billion should cover all the claims, and that there is nothing wrong with returning the remainder to BP.  Our thought is that, if BP wants the positive public relations of $20 billion, then they should instruct their agent to disseminate the entire amount.  If their agent wants to pay only $10 billion, then it is certainly unethical for BP to crow over $20 billion.  Regarding lost incomes, there have been over 19,000 Interim and Full Review Claims filed in Mississippi since November 24.  Only 847 have been paid.  To paraphrase President Reagan, "Mr Feinberg, pay those claims!".

 

stuff happening...

Long delay in blog because of news shortage.  Suddenly, more news!  The Attorney General Jim Hood claims meetings were encouraging.  Jim Hood is aware of our difficulties and is doing all his office can to force gccf transparency.  We can sign a release giving his office clearance to contact the gccf and share our information.  This may, hopefully, help him get a better look at what's really going on.

With the anniversary of the blow-out coming up, national and world media are refocusing on our area.  Two of our local casino workers are involved in interviews with the BBC.  "World-wide".  Diane Sawyer with ABC News is seeking comments from our area.  Check out the ABC News website.  If you're not already, please check out Coastal Justice on Facebook.

Speaking of deadlines, our personal "90 days" set forth in the gccf protocol for resolving our personal claims is up on Monday, April 4.  We are told by gccf representatives that we will then be able to talk to reps more closely involved with the actual adjust and pay process.  We shall see, and report back soon.

continued crapola...

The Sun Herald reported on Friday, March 4,  

"BP claims administrator Ken Feinberg has just announced that 2,500 casino claims will be processed beginning next week."


Here is my letter of today responding to the Sun Herald:

Here we are, 2 1/2 weeks later.  There has been no apparent processing of casino claims, or very few others for that matter.  We are keeping our ear to the ground from Biloxi to Bay St. Louis, and no casino claims have been paid that we know of.  When we call the gccf 800#, no one knows of any casino claims processing.  gccf has loosely tossed around the word "processing" since last October.  The word has absolutely no relation to "Paid".  When we ask about "Paid", and point out that at the current rate of payment, it will take four years to wade through all the Mississippi claims, nobody knows anything.  The various gccf representatives I have talked to can tell me only that we might get paid sometime up to four years from now.

 

You would think that any business or law firm would have very definite plans and time-lines for taking care of business.  These people can't really be this incompetent, can they?  Surely they do have definite time-lines here.  For some reason, they prefer to hide behind smokescreens and total lack of transparency.  Hidden agendas?

 

These numbers are from the gccf website today.  In Mississippi, there have been 19,050 total Interim and Full Review claims filed.  In the thirty-two days since the "Final Rules" were published, only 434 have been paid.  That's 2.3% or 13.6/day.  Any talk of pay percentages including "Quick Pays" are meaningless.  Any talk of "processing" is smokescreen.

 

For months now, Mr.Feinberg has said just whatever pops into his head to keep the public quiet.  None of it has turned out to be accurate, and no calls him on it.

 

The gccf promised in November to pay all Interim and Final Claims within 90 days of being filed.  We personally are past 90 days with still no concrete time-line being offered.  All we want is, for once, the truth.

letter to the editor...

Gentlemen,

 

The Gulf Coast Claims Facility, on behalf of BP, and as directed by Mr. Ken Feinberg, ended the Emergency Assistance Payment program on November 23, and began the Interim and Final (Full Review) Program on November 24, 2010.  According to published GCCF statistics, 18,970 Interim and Full Review Claims have been filed in Mississippi since then.  Only 372 have been paid.  LESS THAN 2%!  After much delay, the GCCF published their "Final Rules" governing Interim and Full Review Claims on Friday, February 18.  In the four weeks since, the GCCF has paid on average only thirteen Interim and Full Review Claims a day in Mississippi.  At the current rate, we are looking at a four year process.  The time element is central to a potentially great economic impact for our entire Mississippi Gulf Coast.  We must wonder why our legislators and local media continue to dodge this very key issue.

 

 

Hope this gets printed.  Is anybody listening?

Does this sound familiar?

From the Sun Herald, Wednesday, March 16:

Mr. Feinberg, March 15:

“I think the casino workers wanted some assurances from me and the Gulf Coast Claims Facility that if they filed a claim now as part of Phase 2, the final payment and interim payment phase, that they would be eligible and if they can document their lost tips in the casino and their damage as a result of the spill, we would pay the claims. And we have every reason to consider those claims and pay them where documented,” he said.


Read more: http://www.sunherald.com/2011/03/15/2945766/casino-worker-claims-under-review.html#ixzz1Gkzn5qaR

Mr. Feinberg, November 9:

   

 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."

Sounds eerily similar...

Within the next week and a half, ALL casino claims were denied.

You make the call... 

Are You Kidding Me ? ! ?

We respect our esteemed opponent Amy Weiss for creating such an outrageous spin.  We are disappointed in our own Sun Herald for reporting this as fact.  Sun Herald, Tuesday, March 15, page 5A.

Feinberg: 54 percent of claims paid

By KAREN NELSON - klnelson@sunherald.com

GULFPORT -- Those who handle claims against BP for the oil rig explosion and spill announced a milestone Monday -- 54 percent of all claims submitted since November have been paid.
The claims of casino workers are not included in these figures.
November marked the end of the emergency payment period for people injured by the Deepwater Horizon disaster in the Gulf.

Kenneth Feinberg, administrator of claims, said they have received approximately 256,000 individual and business claims of all types since November, that includes those asking for final, interim or quick payments.
Feinberg said they have processed 138,874, leaving 117,889 yet to be processed.
Hundreds of claims continue to be filed every day.
Of the quick payments of $5,000 for individuals or $25,000 for a business, 100,000 have been paid for a total of approximately $1 billion.
The final rules for claims were announced less than a month ago and Feinberg and his staff have made final payment offers to 18,562 people and businesses totaling $174 million. About 6,600 of those have accepted for $66.6 million. The others have 90 days to make a decision.
More than 2,700 interim payments have been made for a total of $37 million. And 19,400 claimants have received a letter asking for more information and documentation before their claim can be paid.
About 2,300 were notified that they would receive nothing for their claim. And 3,100 claims were officially denied.
“We are determined to continue to accelerate the processing of all individual and business claims,” Feinberg said.

Read more: http://www.sunherald.com/2011/03/14/2942145/feinberg-54-percent-of-claims.html#ixzz1GgYYX4Mh

 

Enclosed is our email to the Sun Herald:

 

Gentlemen,

 

I must respectfully ask for a retraction or correction of your story "Feinberg: 54 percent of claims paid" on page 5A of the Sun Herald, Tuesday, March 14.  This is a very sensitive issue to many who are hurting on the Mississippi Gulf Coast.  The issue is central to major economic impact for the entire Gulf Coast.  Whether it will remain the current negative impact, or perhaps turn out more positive remains to be seen.

 

The facts are these, as published on the gccf website this morning:  Since November, 256,621 claims have been filed.  100,252 claims have been paid.  39%, not 54%.  The headline is repeated as fact in the first paragraph as well.  Buried in the article are numbers showing that 54% have been "processed".  But those of us who have been struggling since the blow-out will tell you that there is a big difference between "processed" and "paid". 

 

The headline and the first paragraph are outright untruths.  The rest of the article is simply deception, misdirection, and smokescreen.  Almost all of the 100,000 paid are the Quick Claim sign-offs only for those who have already received emergency claim help.  They are rubber-stamp approved and require no additional paperwork or adjusting.  The very serious business of Interim and Final Claims is a whole different story.  Since November, there have been 157,143 Interim and Final Claims filed.  Only 3835 have been paid, about 2 1/2 %.  There is your real headline as it impacts the Mississippi Gulf Coast.

 

I speak for many when I say that we would very much appreciate active investigative digging into the gccf-Feinberg mess.  The gccf-Feinberg-Amy Weiss Public Affairs group has a history of publishing deception and misdirection disguised as press release.  Please try not to print anything from them without checking the facts.

 

We would certainly hope for an accurate rebuttal from the Sun Herald with at least as big a headline, "ONLY TWO PERCENT PAID", and at least as many inches.

 

 

eight more...

Wow, since yesterday, EIGHT more Interim Claims have been paid.  Still eight a day, with over 6000 having been filed.  There are many conspiracy theories surrounding the gccf-Feinberg process.  Generally, we do not subscribe.  But this is looking worse and worse. 

Perhaps Feinberg IS getting kickbacks based on amount of money returned to bp.  Too bad he's not getting paid based on a percentage of claims paid.  Bet we would see some money flowing then.

Perhaps Feinberg IS stalling until the April 20 deadline for filing suit is passed.  We are confident in the accuracy and efficacy of personal claims with gccf having been filed.  At this point, there is a lot of talk about getting involved in the Haliburton-TransOcean suits in Federal court in New Orleans.  We will personally be checking with the Rusty Gill office in Biloxi regarding that.    

stonewall...

Feels like back to Square One.  The gccf continues to move at a snail's pace.  There is no hard or reliable information forthcoming at all.  Nobody seems to know anything, and no one is talking.  Calls to the 800# are worse than useless.  Conflicting "we don't know's" are the norm.  The Sun Herald reported last week that Ken Feinberg said that they would "begin processing" 2500 casino claims "next week".  A week later, no casino employee that we know of has been paid.  No gccf employee that we speak with has any idea about any casino claims being processed. 

In Mississippi, there have now been 6133 Interim Claims filed by individuals, 171 paid.  There have been 9510 Full Review Claims filed by individuals, 67 paid.  We are three weeks out from the day the "Final Rules" were published.  These claims combined have now been paid at the rate of about 12 a day.  With almost 16,000 total filed SO FAR, and more being filed every day, we seriously wonder if gccf really intends to make this a three year process.  Do they plan to increase efficiency at all?  How?  When?  Does anyone really have a plan?  Is there any realistic estimate about when we might actually get paid?  Guess what?  Nobody knows, nobody's talking.  Stonewall...   

Happy Mardi Gras ! ! !

Special thanks to Anthony, Cliff, Jason, Dawn, Tim, Marla, and the whole Pitalo Tribe!  Very fine seeing so many people together.  Very heartening.  Life is obviously so much different and better here than up east in DC...

Diogenes of the gccf...

I really hate to be cynical, but the gccf has passed along so much information that has turned out to be wrong at best; deceptive; or, at worst, downright lies.  Does anybody really believe, as Ken Feinberg told ABC News, that he "can't remember" who got the single $10 million settlement from the gccf at the explicit direction of bp?   What a whopper.

The one honest man I have found in the gccf is Bill Mulvey, the Feinberg/Rozen-gccf-casino liaison.  At that, Bill has been reluctant to pass along any more than the most general information, and nothing recently.  Local representatives and 800# people accurately pass along the very limited information that they are given.  Sadly, that limited information never turns out to be true.  And I mean NEVER.  (please see blog "letter to Bobby Moak and Windy Swetman" of Wednesday, Feb 16.)

The news articles regarding Ken Feinberg's recent announcement about casino claims, rather than being hard news, are only more questions posed.  When Interim Claims were opened in December, the gccf website stated that Interim and Final Claims would be paid within 90 days of being "presented" and "filed".  On Dec 20, we presented our claims at the local gccf office, and they filed them.  We expect payment before Mar 20.  When we speak to ten different gccf representatives, we get ten different stories.  So, of course, we never know what to try to believe.  Some representatives have told us that when the gccf said "presented" and "filed", that they did not actually mean presented and filed.  They said they actually meant within 90 days of the beginning of processing.  We were told that "processing" would begin Nov 24, after the end of the Emergency program.  We were then told that "processing" would begin Dec 17, Jan 1, Feb 1, mid-February, and when the Final Rules were established on Feb 18.  Now, two weeks later, we are told that "processing" of casino claims will begin "next week".  Are we now looking at another 90 days?

Again, we must note that in 15 days of processing, 119 Interim Claims have been paid in Mississippi, an average of about 8/day.  With about 6000, Mississippi has a very small number of Interim Claims.  However, at the current rate, we are looking at about two years to get them all paid.

We have no idea why any particular "methodology" would be required to settle any claims.  Aren't all claims best decided on individual merit?  The gccf still has over $16 of $20 billion left in the bank.  The word from the top should be "Find a Way to Pay these Claims!"  The secrecy and continued total lack of transparency is appalling, and very scary.

We are very grateful to our elected representatives and to our news media for standing up for Mississippi and our local economy.  Now we are asking for their help in finding the real truth about how our claims will be evaluated and when claims will actually get paid, not "processed", but "Paid".  The gccf is very good at blowing smoke, but is totally avoiding answers to meaningful questions.                

more prouncements...

From the Sun Herald, Saturday, March 5, 2011:
 

The Gulf Coast Claims Facility will begin processing 2,500 claims filed by casino workers next week, claims administrator Kenneth Feinberg said Friday.

Feinberg’s Mississippi liaisons, attorneys from the law firm Watkins, Ludlam, Winter & Stennis, have been working with local officials and casino operators to clarify how the casino industry fits into Coast tourism and how casino-employee compensation works.

Feinberg declined to comment on the methodology developed to process the claims.

The 2,500 claims GCCF will re-examine are from casino workers who have filed under the current interim and final payment process. Casino workers who previously filed emergency claims that were denied must re-file interim or final claims applications before their claims will be considered.


Read more: http://www.sunherald.com/2011/03/04/2916553/casino-worker-oil-spill-claims.html#ixzz1Fj7OucQu

We would very much like to feel good about this.  However, Mr. Feinberg and gccf have a strong track record of being wrong about projected time-lines.  There is apparently absolute lack of transparency regarding altered "methodology".  Very scary.  The gccf so far is processing and paying Interim and Final claims at a glacial pace.  How long might it take to move a claim from "begin processing" to "check delivered"?  If they start next week, how long might it take to process 2500 claims?  What is the methodology, and why is it secret?  Transparent?  No one is talking.  The gccf is answering none of these questions.

Please note that this is regarding Interim and Final Claims.  If you haven't already, please refile.  Most casinos' human resources departments should be able to help with appropriate infomation.

good news, bad news...

The Sun Herald of Wednesday, March 2 front-paged a story headlined "Claims rules for casino workers due Friday", by-lined Geoff Pender.  Good news:  the general feeling is that perhaps casino workers' claims will be handled in a positive way, though that is never actually stated in the article.  Bad news:  the process of paying claims will be postponed indefinitely yet again.  The story contains way more questions than answers.

The first paragraph alone raises at least nine questions.  gccf "Final Rules Governing Payment Options" were put in place a week and a half ago.  Are casino claims actually going to be decided under a new and different set of "Rules"?  If so, will the new rules be any better for us?  How?  Who is actually establishing the new rules?  What criteria are being considered?  Who, specifically, is advocating for casino workers?  How much research has been done to determine the best ways to get the most money pumped into our Gulf Coast economy through these claims?  If the new rules are actually finalized Friday, when and where will they be published?  When will payment of casino workers' claims actually begin?

We are approaching a year from the time of the catastrophic blow-out.  We have been fighting this claims fight since early October.  With so much potential economic impact for the Mississippi Gulf Coast, we must wonder where our concerned legislators have been for the last four months?  There was some noise about being in session and not being aware of the two-week comment period.  What?  The comment period was announced well in advance, and any seriously concerned legislator should have been apprised and prepared well in advance.  For those of us who have been suffering interminable delays for months, it was sad disappointment to see our elected officials delay the process yet again.

Are we "light years ahead of where we were 30 days ago"?  Have we "come a long way in 30 days"?  Perhaps.  We should have been light years ahead 90 days ago when Mr. Feinberg came to town and announced that casino workers would be treated the same as all others.  Only to have us all categorically denied within the next two weeks.  We do believe that with the appointment of Bill Mulvey as gccf-casino liaison, our claims became payable.  The "proposed methodology" stunk.  The "Final Rules" gave us a little more hope.  We made the "light years" leap 60 days ago.  The last 30 days have offered us only more postponements and delays.  We are very anxious to see the "final rules for casino workers" tomorrow to see if, perhaps, we will have made another giant leap, or if it is, again, just so much smoke.

There is very serious concern about the long-term health of our Gulf.  We heartily applaud our legislators for fighting this fight.  Obviously, final claims should be way beyond a "x 2" factor.  Every sane person locally knows that our Gulf and our economy cannot possibly be healed in the next year.  Who, specifically, is pushing for a much longer final claim factor?  Is there any hope of getting a realistic final claim factor from the monolithic gccf?  Who is pushing for a real bp clean-up of the Gulf floor?

Former Gov. William Winter "assured lawmakers that concerns and comments about the claims process would be evaluated every four months, and changes would be made regularly as a result".  How will this really help anyone?  Most of us need relief now.  Very few will be able to play the Interim Claim game quarterly.  gccf knows this and will continue to encourage final sign-offs in every way possible.  "They also assured lawmakers any scientific reports of prolonged damage to the Gulf would extend damages and claims..."  Again, like insurance companies, they are playing actuarial tables.  Extended damages and claims would be available only to those who have not signed off for Final Claims.  Most of us who have been damaged, desperately need money now.  Most of us will sign off now, and "prolonged damage" won't cost them anything.

"Winter also said his firm would work closely with Coast legislators on their constituents' concerns and pass them along to Feinberg and bp."  Has Feinberg ever changed anything based on concerns passed along?  Could we not hope for more serious advocacy from our local law firm?  "Watkins, Ludlam, Winter & Stennis, a Jackson-based law firm recently hired by bp claims administrator Kenneth Feinberg."  Really?  Why do we continue to even address and entertain co-opted counsel?     

  



 

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.

attorney public meetings...

On Tuesday, February 1, two public meetings will be held by Biloxi attorney Russell Gill.  These will be at the Sheraton Four Points in Biloxi at the foot of I-110.  Meetings are scheduled for 8:30 am and 6:30 pm.  We understand that these will be informational meetings for anyone interested in oil-spill recovery through legal means.  Mr. Gill has worked in the past with Sheller, P.C., of Pennsylvania and New Jersey, a major personal injury firm.  We understand that there will be Sheller representatives on hand for these meetings.

As we have said before, we may be very close to positive resolution of our Interim Claims with the gccf.  For this reason, we do not recommend hiring an attorney quite yet.  However, this may be our best chance to become aware of our legal choices, and help us make the best decisions for our families and futures.  We will try to attend both meetings and report the results.

good news, bad news...

The Washington D.C. gccf-casino liaison attorney called yesterday with updates on the process.  The good news is that we are on the front burner with favorable prospects for positive resolution of our Interim Claims.  The bad news is that the gccf continues to create delays.  We are now told that the "methodology" will be trotted out for a two-week period for public comment and input early in February.  Interim Claim processing will follow.  When?  Who knows?  Perhaps late February.  This is in direct contradiction to what was said by a local gccf office manager yesterday.  Our local gentleman stated most sincerely that our claims would begin processing February 1st.  A call to the gccf 800# tells us that the methodology is still a work in progress, and that it might be published in three to four weeks.

Here is our email to D.C.:

 

 

Bill,

 

Thank you for your phone call yesterday.  Do you ever get the feeling that we are caught up in some sort of European circus?  ...some sort of theatre of the absurd?

 

by Sasha Chavkin
ProPublica, Dec. 14, 2010, 2:46 p.m.

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.

Bill, I am rarely at a loss for words, but, here, I am totally dumbfounded.  Really, is the boss out of touch, or not in control?  It obviously must be one or the other.

"full transparency" means, perhaps, that "nothing we say has any substance at all".  Ten days?  MAYBE forty-five days...  Who's actually running the asylum? 

"full transparency" means having all gccf staffers telling every claimant who asks that Interim Claims will be processed beginning February 1.  Oh, SORRY!  We meant the END of February.

What kind of funky idea is it to trot out the "methodology" for public input?  Nobody out here cares about the #^@&*+% methodology!  That's the gccf's job.  The "people" have been given short stick all along.  Why pretend now?  Consider the bizarre possibility that the gccf might actually entertain public input.  There would be so many hundreds of different suggestions, that if, actually considered, would take YEARS to implement and form a new, improved methodology.  Is nobody there getting the message at all?  WE DON'T HAVE TIME FOR THIS!  The gccf doesn't have time for this, either.  Every day that goes by brings more lawyers and more punitive damages.

Can't we PLEASE just start processing claims?

Mississippi Attorney General Mr. Jim Hood !

Mississippi AG Jim Hood has just made a strong statement on behalf of all Mississippi bp claimants.  So far, gccf processes have been cloudy and deceptive, perhaps unfair, and slow.  We doubt that the court will take control of the gccf, and we certainly do not wish for needless litigation and expense.  We have been discussing these same issues with our personal contacts within the gccf for at least a month.  Speed, accuracy, transparency...  Thank you, Jim Hood, for delivering a swift kick...

HARRISON COUNTY, MS (WLOX) -  Mississippi Attorney General Jim Hood has filed a motion asking the federal judge handling the BP multi-district litigation to take control of the Gulf Coast Claims Facility claims process.

In a statement filed Monday Hood asked the court to take control in order to correct the deficiencies in the GCCF in order to facilitate the timely and just processing of claims.

Hood said, "I want Mr. Feinberg to continue paying claims, but I want the process to be transparent, fair and fast.  If the court does not take control, we will be sending Mr. Feinberg a civil investigative demand which will inevitably lead to needless litigation and expense."

This filing follows numerous letters between the Gulf States Attorneys General, BP and Gulf Coast Claims Facility administrator Kenneth Feinberg, which have met with only limited success.

Copyright 2011 WLOX. All rights reserved.

local gccf office visit...

Our recent visit with the LeMoyne gccf office was mostly unproductive, as is often the case.  We mentioned that there were some legal questions about the gccf protocol that should be addressed and cleared up, in the name of transparency, and asked to speak with one of the lawyer team.  It turns out that the lawyer team is in D.C. for "four or five weeks" of training.  We asked to speak with the managers, Tony, Patrick, or John.  The were "in a meeting" for an indefinite time.  (Perhaps they happened to look out a window and saw me coming.)

We did have a brief meeting with another gentleman.  The only answer he had was that, yes, claims processing is set to begin the "first week in February".  We haven't heard anything from our Washington contacts since January 7th.

We remain optimistic about positive resolution for "casinos" claims.  The third and fourth weeks of February should prove to be most instructive.  Many are tired of being abused by the process and are consulting lawyers.  We will try to attend an informational meeting on February 1.  At this point, consultation may prove instructive, especially regarding possible punitive damages.  Hiring is not yet recommended.  Resolution, whichever way, should really be not far off.  Any legal recourse may be a very long process.  Let's see how the Interim Claims process works over the next month, then hire lawyers if we need to.

stay tuned...

A meeting, phone calls, and emails are scheduled today.  A number of questions have recently come up regarding gccf "protocol", procedures, and time-lines.  We will try to get some accurate answers.  Stay tuned...

At this point, we have some degree of confidence that positive resolution of casino claims may be coming soon.  We should know in three to four weeks.  Again, stay tuned...

first week of February...

The first week of February, now from several different sources, seems to be when gccf will start processing Interim and Final Claims.  Conflicting information (not surprising, I know) is all over the place regarding the "90 days...".  The original information was that Interim Claims would be paid within 90 days of having been filed.  More recent rumors say the 90 days will begin when processing begins in February.  That would be a 45 day difference for the claims filed on "opening day", December 17.  We are trying to confirm.

The Sun Herald and WLOX are both very much appreciated for their continued publication of the Mississippi Gulf Coast's claims battles.  ProPublica carries some of the most extensive coverage of oil spill and claims information, as well as extensive public debate in the "Comments" sections following articles.  Check them out at http://www.propublica.org/.   

local gccf smokescreen...

We spoke by telephone with John at the local gccf office in Harrison County this afternoon.  He told me, "Mr. Feinberg said that the gccf will start reviewing Interim Claims the first week of February."  And, "information regarding calculations most likely will be released in approximately two weeks."  There was other discussion including phrases such as, and there are no quotes here, clarification, 90 days, and, we don't know.

John seems a marvelous individual of impeccable integrity.  Given that, he has obviously been given wrong information from above on a regular basis.  The first week of February?  Really?  We just don't know what to think.  Does it take 2000 billable hours to establish a "methodology"?

gccf opened the Interim Claims process on December 17.  And they are saying they will START to review claims the "first week of FEBRUARY"???  45 DAYS LATER?!?!?!  WTF?  REALLY?!?!

"information regarding calculations most likely will be released within approximately two weeks"?  Really?  "most likely"?  Really?  Maybe?  Probably not.  "approximately"  Really?  Maybe?  Not even close?  Do we really believe that actual calculations might actually be released?  How welcome that would be, but how bizarre to contemplate, since every single thing, but one, we have been told by the gccf has proven false.

Why stall until the first (or second) week of February?  And why didn't you just tell us this in December when we first filed Interim Claims?

   

letter to gccf, Washington, D.C. ...

We have just mailed the following letter to our gccf casino-liaison in DC.  Still hoping to hear some kind of concrete time-frame news.  Will keep future information posted.

How's that "methodology" coming along?

 

As Mr. Feinberg found out on his recent road trip, there are many very ill-treated and very angry residents here.  We have been suffering in the gccf pressure cooker for three months.  We have encountered denial, stone walls, half-truths, total lack of transparency, and no real information at all on any of our claims.  We are beginning to suffer loss of houses, cars, and fishing boats.  Loss of health and livlihood  Worst of all, is that we are suffering the fracturing of families under the strain.

 

Have you noticed that there have been relatively few Interim Claims filed here?  Many families have totally lost faith in the gccf process and have have already lawyered up.  Many more are about to.  It is reported that at least one office here has connections with a large personal injury firm with offices in New Jersey and Pennsylvania.  Very large punitive damages are being discussed.

 

I respectfully suggest that life would be better for everyone if the Interim and Final Claims process would move off of ground zero (the number of claims that have been resolved so far) and move into action as soon as possible.

 

Thank you for your help.

follow the news...

The Sun Herald, WLOX, and the Times Picayune all have the latest on the Ken Feinberg visits to Mississippi and Louisiana.  We thank them all for their involvement in our challenges.  The oil blow-out created a huge negative economic impact for our entire Mississippi Gulf Coast.  Recent contacts with top gccf people though, do give us hope for positive resolution.

National media attention is a double-edged sword.  We all wish to press bp and gccf to pay legitimate claims quickly and efficiently.  However, national oil news, of course, damages our January-March snowbird business and our April-August tourism business.  It appears that work hours are still being cut, and business may continue to be off.  Interim Claims will continue to be recommended.    

Feinberg's meetings...

If your are reading this, then you already know what today's news is.  Mr. Kenneth Feinberg held "town hall" meetings in Moss Point and Bay St. Louis, Mississippi.  These were very well covered by the Sun Herald and WLOX.  Please visit both websites for details.  http://www.sunherald.com/  http://www.wlox.com/

Thanks again to our Mississippi Gulf Coast media for caring and covering.  Particular thanks go out to Doug Walker for asking some very hard questions in Moss Point, and to Anita Lee for incisive reporting from Bay St. Louis.

Not surprisingly, there was a lot of distress and anger expressed by local citizens, and no really new information forthcoming from Mr. Feinberg.  We do give Mr. Feinberg a lot of credit for coming down here and taking the heat, and there was a lot of heat at both meetings.

At this point, we feel that the gccf will positively resolve our "casinos" claims.  We and Bobby Moak, Mississippi state legislator in charge of the Mississippi Gaming Commission, both hear from a very high gccf source in Washington, that we are on track toward positive resolution soon.

We did have a brief chat with Mr. Feinberg, and a very nice meeting with Amy Weiss.  We met briefly with Beverly Martin, Executive Director of the Mississippi Casino Operators' Association, and continue to seriously value her contributions to our cause.   

attorneys at gccf...

We have personally met with three attorneys in our local gccf office in D'Iberville.  They seem very delightful and competent people, very interested in our cases.  However...

Published:  Sunday, January 09, 2011, 6:01 AM   By Press-Register Editorial Board

WHEN LAWYERS from Brunini, Grantham, Grower and Hewes counsel Mississippi oil spill claimants, they should wear name tags that say: "I root for the other team."
Otherwise, people will believe they’re getting objective, professional advice — not "help" from BP’s hired guns — on whether to accept an offer from the Gulf Coast Claims Facility or sue the oil giant.

Sound ridiculous?

So was Kenneth Feinberg’s decision to bring the Brunini firm on board as one of three firms chosen to give pro bono advice to oil spill claimants. The firm has been working for BP since June, at least.
In fact, its attorneys were described as "BP attorneys" in contracts the oil giant sent to university scientists when it tried to buy them for its legal defense.
Mr. Feinberg is a smart Washington, D.C., lawyer — so seasoned that he was hand-picked to manage funds for victims of 9/11 and the Virginia Tech shootings before President Obama chose him for the Gulf Coast Claims Facility. He must know better than to believe that attorneys who work for BP for money could also, ethically, help oil-spill victims for free.

Come on.

It’s disturbing that Mr. Feinberg would bless this hire at a time when he is hurting for credibility along the Gulf Coast. He has improved the claims process, but only after heavy criticism that he was slow to pay out of the BP-funded facility and that he treated companies unfairly.

Most recently, he made a no-questions-asked quick pay offer to claimants who have gotten emergency payments and are willing to promise not to seek future compensation from BP or others involved in the spill.
When he is criticized for encouraging claimants to settle, Mr. Feinberg shrugs and says the program is voluntary. People don’t have to take the offer, he says; they can appeal to the U.S. Coast Guard or file suit against BP. Yet, he has warned claimants publicly and on more than one occasion that the legal system would not be so kind to them.

It’s time to find a different law firm to do the Claims Facility’s pro bono work. In fact, if Brunini were the only firm on the Mississippi Gulf Coast — which it’s not — then Mr. Feinberg still should have looked elsewhere for a lawyer licensed to do the work.
Some people have called for the Claims Facility and BP to release all documents and contracts connecting the two.
That recommendation doesn’t go nearly far enough. Brunini chose its master way back in June. Let someone else work on behalf of the people.

Feinberg to visit...

We had thought perhaps that January might bring slow news for "casinos" claims.  But the news just seems to keep on flowing.  The big news today, of course, is that Mr. Kenneth Feinberg will be in Mississippi and Louisiana for a series of "town hall" meetings on Monday and Tuesday.  These meetings were just announced Friday.  One wonders from where the motivation came to schedule these meetings so suddenly.  We must note that there has recently been a lot of interest and print in the national and international media about the Gulf Coast's distress.  His reported agenda is so that he "can explain the three options people have to receive oil spill claims."  These three options have already been clearly explained in gccf mailers and on the gccf website.  Surely, he can't present any more information than has already been made widely available.  Every concerned citizen should already be aware of the options.  We are thinking that he wants to put out fires, ironically enough, by blowing smoke.

We do definitely endorse the three options.  Interim Claims, particularly, have merit.  We recommend every casino worker make an Interim Claim.  Resolution of an Interim Claim should carry with it a Final Claim offer.  Decisions on Final Claims can be made after the offer arrives.   

Better news...

The good news is this.  We filed our claims on Monday 12 / 20.  They have finally shown up on the gccf website under "Check Claim Staus" and marked as "Received".    It feels like we are back in the game.  A trusted gccf source tells us that we will be treated very fairly in the Interim and Final Claims processes.  It's just a matter of time in getting the Interim Claims process rolling.  The official gccf information tells us that our Interim Claims will be resolved "within 90 days".  Our source indicates that we may actually be looking at about half that time or even less.

We have been on a roller coaster ride of huge up's and down's for three months.  There has been so much stress associated with the gccf process, that it has become a fairly common topic of discussion among those seeking legal remedies, punitive as well as actual.  At this point, the phrase "trusted gccf..." is a strong oxymoron.  So much information from all levels of gccf has proven to be directly contradictory or patently false in spirit.  However, we are currently on one of those up's.  We very much wish to trust our source, and recommend patience in the Interim and Final Claim processes.   

Questions and Answers, Part One...

QUESTIONS and ANSWERS...

1.  Q:  Press-Register, Sep 25, 2010,  Dan Murtaugh:

"Now he (Kenneth Feinberg) will be clustering claims by industry and applying the same formula to each claim."

     A:  All "casinos" claims were clustered under "denied".  Statistically proven by gccf published statistics, and by conversation with both local and Ohio gccf representatives.

2.  Q:  ProPublica Oct 14, 2010, Sasha Chavkin:

"Feinberg said that although the employees he is putting in the field in the coming weeks will not have the authority to make payments, they will be able to offer answers to claimants on the spot."  “They will have direct access to the particular claim where they will be able to get particular information right then and there to respond to inquiries,” Feinberg said.

     A:  No relevant information regarding time frame or probability of payment is available at all from either Ohio 800 number or local gccf offices.  Of course, there is no access at all to the adjuster/processors.

Questions and Answers, Part Two...

3.  Q:  Amy McCullough, Mississippi Business Journal, Oct 28, 2010

"While Mississippi Gulf Coast casino workers' BP oil spill claims for lost wages are being denied, some New Orleans restaurant workers are hitting the lottery -- despite the fact that that many Big Easy restaurants didn't suffer a devastating tourism blow like Mississippi businesses.  The Sun Herald reports that only three of hundreds of claims filed by casino employees have been paid by BP.  The rest have been denied.  GCCF claims administrator Kenneth Feinberg said in many cases, casino employees have been unable to show economic damage caused by the April blowout of BP Deepwater Horizon oil well.  The New Orleans City Business reports that bartenders, waiters, cooks, and dishwashers are receiving checks for as much as $25,000."

     A:  Really?  How would Kenneth Feinberg know about any casino cases when all gccf resources, both locally and in Ohio, tell us that casino claims are not being looked at at all, and have been categorically denied without any review?  Further, New Orleans is fifty miles removed from any oil, while the Coast of Mississippi is covered.

4.  Q:  casinobpclaims blog, Nov 23, 2010

"As published at http://www.casinobpclaims.blogspot.com/, "We spoke with both an office representative and a supervisor.  They continue to provide very little hard news.  They did confirm that all "casinos" claims were categorically denied without individual review.  They did confirm that the reason that Mississippi claims have been so statistically skewed toward denial is that we have such a high percentage of "casinos" claims having been categorically denied.  They did confirm that what Mr. Feinberg had to say about casino claims being treated equally with tourism claims had not been implemented in a manner timely enough to prevent our tidal wave of denials."

     A:  See #1 and #3.  Recent conversations with gccf local and 800# representatives confirm that all "casinos" claims were denied categorically.

Questions and Answers, Part Three...

5.  Q:  BILOXI, MS (WLOX) Dec 06/2010

Emergency claims filed by Mississippi casino workers with the Gulf Coast Claims Facility were arbitrarily and categorically denied according to the Mississippi Attorney General Jim Hood.  "Hood said, "It was denied solely on the basis of these claimants' place of employment."  Hood's office has received several complaints from the casino workers and said, "I appreciate that the GCCF has admitted it's mistake in assessing casino worker claims as a whole based solely on reports of overall casino gross revenues, an inaccurate indicator of employee revenues. However, I find it unacceptable that the GCCF has refused to correct the error by re-evaluating these claims on its own initiative without the need for the claimants to submit new claim forms."

    A:  We agree, and are very disturbed that all gccf sources tell us that casino workers' Interim Claims are, by quotes from gccf representatives in Ohio,  "being held to different standards", "more in depth investigation", "authentication process", "more meticulous evaluation", "different calculations", and "scrutinized a little bit more", when our brothers' and sisters' claims on the Coast have been processed so accurately and efficiently before.
  

6.  Q:  Sun Herald, Dec 09, 2010, Anita Lee:

"Attorney Kenneth Feinberg, who heads the GCCF claims process, said each claim, including those from casinos, was examined on its merits. But casino employees, Attorney General Jim Hood, State Representative Bobby Moak, and others believe the employee claims were rejected...while oil gushed into the gulf.  In fact, GCCF denied hundreds of claims for casino workers but paid residents with similar jobs in non-casino establishments."

    A:  Every individual that we have contacted with the gccf in two local offices, as well as several levels at the 800 number in Ohio, has confirmed that "casinos" claims were categorically denied, without even a glance, much less having been examined on it's merits.  In our own place of employment, servers in the leased restaurants have been paid, while servers in the casino-owned restaurants have been denied.
 

7.  Q:  ProPublica: Dec 14, 2010,  Sasha Chavkin :

"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."

    A:  Methodology?  Transparency?  When we spoke with Tom Bender of the Ohio gccf office on 12 / 29, he said the "gccf is finalizing the methodology for evaluation of interim and final claims."  He was not sure if or when it would actually be finalized.  Oh, by the way, we were told earlier by the gccf that the Interim Claim process would begin Nov 24th, the day after Emergency Claims access expired.  Five weeks later, and the methodology is still not finalized?

"Full transparency"?  Really?  Everything is still so privatized and compartmentalized that nobody knows anything.  We filed our claims locally on 12 / 20.  As of 12 / 28, Ohio had no record of us having filed.  Our local office had no way to show that we had filed.  Our local office's attorneys have no contact at all with Bill Mulvey, the gccf-casino liaison.  As of today, Ohio shows that we have filed, but cannot tell us if or when the filing might be indicated on the gccf website, and no time-frame estimate at all (except, "within 90 days") on resolution.  They are quoted as saying that they currently have 9000+ claims to process within 90 days.  We must point out that 400,000 emergency claims were processed within 90 days.  By that math, two to four days would seem adequate to process these 9000.
  
8.  Q:  iStockAnalyst.com, Dec 27,2010:

Ken Feinberg, who oversees the Gulf Coast Claims Facility, a $20 billion fund for victims of the oil spill, said, "I'm sensitive to the casino workers' claims. We have every intention of honoring documented casino workers."  Feinberg denied casino workers have been categorically shut out of the claims process.

    A:  Casino workers' claims will prove to be the most properly and well-documented claims of any group to file on the entire Gulf Coast.  If Mr. Feinberg is, in fact, sensitive to that, then why didn't the gccf honor them in the the Emergency Claims process?  Again, see #1 and #3.  Every gccf employee, both locally and on the 800 # phone line tell us that "casinos" claims were categorically denied.