Feinberg says emergency oil-spill claims to individuals will be paid in 48 hours, to businesses in 7

Posted: Thursday, August 19, 2010 Feinberg says emergency oil-spill claims to individuals will be paid in 48 hours, to businesses in 7 SEAFOOD.COM NEWS [Times-Picayune] By David Hammer - Augsut 19, 2010 - In his direct and emphatic style, Ken Feinberg promised that everything will change Monday when he starts his independent administration of oil spill claims. He announced a three-month emergency claim period, during which anyone can file a form available at 35 claims centers or online. Feinberg said BP will be turning over to him all existing documentation, so anyone who has started the claims process does not have to start from scratch. But, he said, everyone, even those who have already filed claims with BP, must file a new form with the Gulf Coast Claims Facility, starting Monday. He promised that all documented emergency claims filed before Nov. 23 will be paid to any eligible individual within 48 hours and any eligible business in seven days. Claimants will be able to collect monthly payments or as much as six months worth all at once, he said. Fighting rumors to the contrary, Feinberg made it clear that nobody will have to waive any right to sue by collecting emergency payments. That waiver will come only after the emergency period if claimants accept a final payment from Feinberg. 'At 12:01 a.m. Monday morning there is no more BP claims. It's over,' Feinberg said. 'BP claims are replaced by the Gulf Coast Claims Facility. It is independent. It is not part of BP. It is not part of the government. It is an independent program and I am beholden to neither of them. I am working for you.' After the initial 90-day period, Feinberg said claimants will have to make a decision to get a final settlement payment. They will be offered final payment by Feinberg's team, and if they accept it they must waive the right to sue BP for further payments. If the offer is not acceptable to the claimant, there will be a review panel, and if that second determination is not acceptable, the claimant will have the right to sue BP, without having to give up any of the previous emergency payments. 'If you want a lawyer, we got lawyers for you. Don't worry about that. We'll put you in touch with counsel,' Feinberg said. About 250 people attended the hearing at the Pontchartrain Center in Kenner. U.S. Sen. Mary Landrieu, D-La., started the meeting and introduced Feinberg. She said that in addition to $20 billion set aside for Feinberg to pay claims against BP, the company and other possible responsible parties will be on the hook for potentially billions in fines. Landrieu said she filed a bill in Congress to claim 80 percent of any fines for the Gulf Coast. At least 100 Vietnamese fishers and their families were in the audience, and a system to allow simultaneous interpreting of Landrieu and Feinberg's statements was malfunctioning. Feinberg said he understood that people may not trust him because his law firm is being paid by BP and is distributing BP's money. But the former administrator for Agent Orange claims after the Vietnam War and for Sept. 11 claims after the 2001 terror attacks said he wants to earn that trust with fair, quick payments. He also promised to not be bound by the limited documentation BP was requiring to pay business claims, and said quick payment to businesses in limbo was a top priority. He said he would release his methods for determining eligibility and payment in the coming days, but he said he wouldn't shy away from handling different situations differently. He said the easiest claims to find eligible are the ones where a business or individual makes money directly off the Gulf waters, but he wouldn't be limited by geography. He also said he will pay emergency claims to all those 'damaged or perceived to be damaged by the spill,' making it clear that losses due to unscientific concerns about visiting beaches or eating Gulf seafood will be honored. To a woman asking about her dead oyster beds, Feinberg said he'll clearly be able to pay emergency payment for the lost oysters and the damaged beds, but he said he won't pay under the emergency process for restoring the beds. To questions from several Vietnamese community representatives, Feinberg promised to use the existing claims centers and staff while improving services for the Vietnamese claimants. He said he was 'sort of reluctant to subsidize legitimate non-profits to assist claimants when I have lawyers and others ready to step in and help pro-bono.' But he didn't rule out all help to non-profits after he's had a chance to review their services. Landrieu said she would work to help some of the nonprofit groups, but she didn't feel the BP claims fund was meant for that. © 2010 New Orleans Net LLC. All Rights Reserved. Ken Coons Seafood.com 1-781-861-1441 kencoons@seafood.com