Feinberg: File claims, I'm coming

By JOHN MULLEN
Staff Writer
Posted 8/22/10

ORANGE BEACH, Ala., — Almost immediately, Kenneth Feinberg, the man in charge of dispensing BP’s $20 billion claims fund, recognized the second person to step up and ask a question.

“You’re the candy man, right?” he said with a thick …

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Feinberg: File claims, I'm coming

Posted

ORANGE BEACH, Ala., — Almost immediately, Kenneth Feinberg, the man in charge of dispensing BP’s $20 billion claims fund, recognized the second person to step up and ask a question.

“You’re the candy man, right?” he said with a thick New York accent. “Pee-cans.”

“Pecans,” Danny Fox, a Mobile candy shop owner, corrected him to much laughter and applause.

When it subsided, Feinberg, as it would seem for the entire hour-long session, had the right answer.

“I have the checkbook, so it’s ‘pee-cans,’” he replied, to even more laughter and applause.

And if all his answers hold true, it’ll be a checkbook that’s open to claims by businesses and workers damaged be the BP Deepwater Horizon oil spill.

An overflowing crowd at the Orange Beach Recreation Center greeted the man appointed by BP and the White House to decide who gets what part of the $20 billion fund. Parking lots across the street and as far west as the Fish Camp Restaurant were overflowing as well.

People from businesses varying from beach weddings, rental owners, fishermen, real estate brokers and agents to golf course owners all had questions for Feinberg.

The message from Feinberg was clear — File your claim now.

“In August, the claims facility will be up and running in Alabama,” he said. “Don’t wait. If you have a claim, file it right here in Gulf Shores with BP. Do not hesitate to file a claim with BP. You’re not going to have to file again with me. Don’t wait for me. I’m coming, but don’t wait for me.”

What was unclear was when that office would be open and when those checks would be written.

One change Feinberg said he will make will be in the emergency fund distribution. Currently BP is paying claims monthly and residents have to file monthly.

That will change when his office takes over.

“It will be for six months,” he said. “You give up no rights in taking these checks. These are emergency payments to get over your current cash-flow crisis.

“When you file and you’re eligible and if you prove your claim, you will get a check for your loss. And you will be able to do everything online.”

The caveat came later. If at some point claimants accept a lump-sum payment from BP for a year or two or three’s worth of losses, that payment would be a binding agreement. But the immediate, emergency checks are not final payments.

A vocal and well-presented group at the meeting were real estate brokers and agents.

“I have been constantly besieged by real estate agents and brokers,” Feinberg said.

Most have been told different things at different times by BP adjusters.

“To be honest with you,” associated broker Erick Haffner said before the meeting, “I don’t know what to expect. We’ve been told so many different stories.

“The thing is, one week I was told, ‘We’re only paying on deals that didn’t close.’ Then the next week, ‘We’re only paying on income lost.’ They keep going back and forth so I filed claims on both.”

Feinberg acknowledged the real estate brokers don’t have a good claim, if you go simply by letter of the law.

“As a beginning, I will look at the letter of the law of Alabama and the Federal Pollution Control Act,” he said. “If (real estate agents) went to court, they would not prevail. But it shouldn’t stop there.

“This facility will find a way to find compensation.  I will find a way to deal with this problem for brokers and agents,” he concluded to thunderous applause.

All claims will have to meet three initial criteria. First, proximity to the beach, how dependent  your business in on natural resources and exactly what industry you are involved in.

Feinberg said the facility will process claims for three years at local offices and he personally wants the process speeded up.

“I want this program to be accelerated and I want this program to be more generous than the current program,” he said.

Jim Walter, Director of Alabama’s Department of Homeland Security, opened the program by laying down ground rules and assuring the crowd Feinberg was there to help them.

“He does not work for BP,” Jim said. He does not work for the White House. He is your attorney. He is an advocate for you. He wants to learn from you so when he starts cutting checks, he know what your needs are.”

As for the candy man, Danny Fox, he came away still disappointed there weren’t more specifics.

“I still don’t have any idea of how much, if any, of my loss will be covered,” he said.