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| Burger King Wheelchair Access Class Action Settlement |
 |
 |
- Wednesday, 31 October 2012 13:41
Burger King Wheelchair Access Class Action Settlement
By Mike Holter
A California federal judge on Friday approved a $19 million class action lawsuit settlement with Burger King Corp. over allegations its restaurants do not provide wheelchair access in violation of the Americans with Disabilities Act. Class Members of the Burger King settlement stand to receive over $8,200 each, according to the Class Counsel.
The Burger King wheelchair access settlement will resolve a 2011 class action lawsuit, titled Vallabhapurapu, et al v. Burger King Corporation, that alleges 86 Burger King restaurants in California have – or have had any time since October 2006 – barriers to customers who use wheelchairs or scooters. Examples of these types of barriers include: narrow “queue lines,” doors that are too narrow or difficult to open; inaccessible restrooms, seating and parking; inaccessible condiments, napkins and other items; and other wheelchair or scooter access problems.
Burger King denies any wrongdoing but has agreed to establish a $19 million class action lawsuit settlement to resolve the litigation, as well as to provide significant injunctive relief. The company has already removed most of the alleged access barriers at the restaurants involved and will be making additional improvements to access.
Class Members of the Burger King wheelchair access class action settlement include all customers who use a wheelchair or scooter for mobility and encountered access problems at one of the 86 California Burger King restaurants listed here and on the second page of the Settlement Notice.
Plaintiff attorneys estimate the average recovery per Class Member will be over $8,200, after deductions for attorney’s fees and costs.
The ONLY way to receive money from the Burger King ADA class action lawsuit settlement is to submit a Claim Form by November 15, 2012. You can obtain a Claim Form by visiting www.BurgerKingClassAction.net or by calling 1-888-569-9477. If you do not opt-in, you will not be eligible to receive any money from the settlement fund.
Further details on the Burger King Wheelchair/Scooter Access Class Action Lawsuit Settlement can be found at www.BurgerKingClassAction.net.
UPDATE 11.1.12: Top Class Actions readers have pointed out that the Settlement Website (www.BurgerKingClassAction.net) is not working at this time. You can also access the Claim Form and Settlement Notice by going to www.foxrob.com. The Claim Form is located on page 106 of the Settlement Agreement (link here). You can also obtain a Claim Form by calling 1-888-569-9477.
UPDATE 3.12.13: Court approves extension of settlement payout deadline to allow Class Members more time to submit documents supporting their claims. Some Class Members are already reporting having their claim denials reversed!
Updated March 12th, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
Top Class Actions Legal Statement
Last Updated on Tuesday, 12 March 2013 11:04
Comments
Paranoid Personality Disorder
but at least she got the numbers right
wonder if she got a check or the mail man lost hers lmao
Plus waiting just didn't get 2nd check yet; that does not make them the fraud you are...
Glad it is over, I am sorry if you need closure: I moved on, you should too.
I WON't be back, i have a life, and no, I do not even watch TV and wait for the commercials like you as you said "#793 honny bobo 2013-04-04 11:54
LMAO "flame wars" but its just to easy scott and i have nothing to do during the commercials"
Sad you cant get past anything. They have doctors for these things you know!
Paranoid Personality Disorder
Suspicious
An unmistakable sign of paranoia is continual mistrust. People with paranoid personality disorder are constantly on their guard because they see the world as a threatening place. They tend to confirm their expectations by latching on to any speck of evidence that supports their suspicions and ignore or misinterpret any evidence to the contrary. They are ever watchful and may look around for signs of a threat.
Anyone in a new situation-begin ning a job or starting a relationship, for example-is cautious and somewhat guarded until he or she learns that the fears are groundless. People suffering from paranoia cannot abandon their fears. They continue to expect trickery and to doubt the loyalty of others. In a personal relationship or marriage, this suspiciousness may take the form of pathological, unrealistic jealousy.
Hypersensitive
Because persons with paranoid personality disorder are hyper alert, they notice any slight and may take offense where none is intended. As a result, they tend to be defensive and antagonistic. When they are at fault, they cannot accept blame, not even mild criticism. Yet they are highly critical of others. Other people may say that these individuals make "mountains out of molehills."
Cold and Aloof
In addition to being argumentative and uncompromising, the people with paranoid personality disorder are often emotionally cut off from other people. They appear cold and, in fact, often avoid becoming intimate with others. They pride themselves on their rationality and objectivity. People with a paranoid outlook on life rarely come to the attention of clinicians--it is not in their nature to seek help. Many presumably function competently in society. They may seek out social niches in which a moralistic and punitive style is acceptable, or at least tolerated to a certain degree.
anyhow, out of here. Glad to have the honor to chat with MOST of you.
and planting crops on her farm maybe she sells beef or potatoes to burger king lol
waiting, I bet yours will show up tomorrow. As for them turning people to a recorded message now, I really am surprised they did not do that a lot soon.
and yeah, gcg asked for more paperwork from some who sent in paperwork but they couldn't verify it, though it seemed maybe valid but they could not validate it; they gave people another chance who asked for it properly and whose claim form had the correct problems listed for the bk they visited. Sadly due to the amount of fake claims put in, some who filed real claims got denied in the shuffle, but that was because their documentation wasn't able to be validated.
me, I enjoy reading the near thousand comments; it is interesting and hilarious too
case in point!! gcg ask for a letter from a doctor stating that you were in a wheel chair for mobility! not what your disability was! gcg asked for a receipt from a medical equipment provider!! they never check these and may have lied about the fact that they did your just boasting and yes i did get my checks
these cases. Your claim and the information you provide will be subject to review and verification by the Claims Administrator. You may be asked to provide additional information to support your claim. If you do not respond to a request for additional information by the date such response is due, your claim will be denied.
So I think since you received nothing, then yes you can. But you should read about the new law that passed at the beginning of the year first. http://www.jacksonlewis.com/resources.php?NewsID=4205 you should ask an attorney, they can tell you best and usually at a no cost consultation.
#65 honny bobo 2013-03-15 21:21
$10,000 (effective January 1, 2012), except that a plaintiff may not file a claim over $2,500 more than twice a year. Limit for local public entity or for businesses is $5,000. $6,500 is the limit in suits by an individual against a guarantor that charges for its guarantor or surety services.
#64 honny bobo 2013-03-15 21:14
when a company does business in the state of california you can sue them in smalls claims court for $10,000.
Me, tired of playing w/ those w/ 0 integrity. Post what you want, you both are on ignore, permananyly; have fun making further fools of yourself with more posts regarding this. As someone said, we are laughing, but at you, not with you.
(vacationing in So Cal with a friend is cool)
If Scott wants me submit over proof of my check (well the stub now) GUESS WHAT... I can, & my deposit slip to go along with it.
SAY IT ANIT SO
I might come back later after I get mail, I might not. I see no reason to share with you when you never shared with us; instead you made it seem you were sent a notice of rejection....
And honny, how the heck could you miss me? you don't even know me... LOL What will you do once the last checks are received????
"2nd checks R between 7 & 21 hundred got mine today 2,100, my friends was 700. hope this helps U."
How many visits did you yourself claim and get a first check for?
And yes, we have pranktsters here in these boards who claim to have received checks just to get the conversation going, when they actually didn't, as well as those posting truths. So some feel unless facts are posted instead of just "I got a check, notice, etc, showing Scott what was received verifies it all, is all.
"#668 Diane 2013-03-07 17:00
Well, I went into pacer to see what it said. This was filed for those who are disputing it and are still in the process of waiting for GCG to approve or reject their claims ( I saved a copy if Scott wants me to email it to him):
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mohan Vallabhapurapu, et al., on behalf of
themselves and other similarly situated,
Plaintiffs,
vs.
Burger King Corporation,
Defendant/Third Party Plaintiff.
vs.
Antelope Valley Restaurants, Inc., et al.,
Third Party Defendants
))))))))))))))
Case No. C11-00667 WHA (JSC)
[---------------] ORDER GRANTING
PLAINTIFFS’ UNOPPOSED MOTION
FOR LEAVE TO EXTEND BY FOUR
WEEKS THE PERIOD TO
DISTRIBUTE A PORTION OF
SETTLEMENT FUND
[PROPOSED] ORDER EXTENDING DEADLINE TO DISTRIBUTE SETTLEMENT FUNDS [CASE NO. C11-
00667 WHA]
Case3:11-cv-00667-WHA Document242 Filed03/05/13
On October 29, 2012, the Court entered an Order (ECF 238) finally approving the
Settlement Agreement in the above captioned case. The Settlement Agreement specified time
lines in which the Administrator is to distribute the net settlement fund to the damages
claimants. The deadline to distribute the net settlement fund to class members who submitted
valid claims is March 5, 2013. Having fully considered Plaintiffs’ Unopposed Motion,
IT IS THEREFORE ORDERED THAT:
Plaintiffs’ request for leave to extend the deadline for GCG, the claims administrator in
this case, to distribute 15% of the net settlement fund (approximately $2.1 million) so that
certain damages claimants with potentially valid claims have time to submit additional
documents in support of their claims, is granted. The deadline of March 5, 2013 shall be
extended to April 2, 2013 for disbursements for these damages claimants.
GCG is to send approximately $11.8 million on March 5, 2013 to damages claimants
that it has already determined are eligible, and disburse the remaining $2.1 million on April 2,
2013 to additional damage claimants that it may determine are eligible on the basis of
supplemental documentation, with the remainder going pro rata to the original eligible damages
claimants.
IT IS SO ORDERED.
Dated: _______________ _____________________________
The Honorable William H. Alsup
United States District Court Judge"
Thanks,
Scott
http://www.ghananewsagency.org/sports/gaa-to-offer-disabled-athletes-slots-at-its-next-grand-prix-33615
miss you
but as said, time will tell
$1344.x 6 vist =$8064. total settlment $24004.00 what do you think
attorneys got 25% (approx 4,750,000), half (approx 2375000) upfront and then to get half (approx 2375000) when done, from that remaining half unpaid claims can be taken from according to court doc BUT they set it up so that unpaid claims come out of approx 15% of the 14,250,00.00 set aside for claimant disbursement. Plus the Claim administrators fee came out of the 19 mil too so that left 14,150,00.00 for disbursement.
They disbursed 11,800,000.00 , leaving 2,350,000 PLUS the interest still to be disbursed by the 2nd of April. Unless there were some 177+ claimants with 6 visits each granted that extension to get their proof in then the original eligible claimants should still get something more, but only time will tell us that for sure.
First round was 11.8 mil with 2.1 set aside to be disbursed by or on 4/2/13. so that is 13.9 mil; only they know what happened to the remaining hundred thousands plus all the interest but given they said 2.1 mil is an approximate amount
That all should be part of what will be disbursed on or before 4/2/13 as well (knowing then, it wont go out until 4/2/13, not before)
This is a case of smoke and mirrors-nothing more.
2012-11-01 12:45 even then people could see what was about to happen
Blessed Be (to those truthfully worthy of the disbursements they got)
Though I did receive a Kmart payment back in 12/06 and it was not 1/4 of this and when you consider they have not paid out everyone yet, this was a larger than normal payout and the when you consider good ol' (idiot) Brown made it near impossible for there to ever be another class action like this in our state ( CA); just be glad you got what you got and use it wisely, that is my motto.
"Diane. Maybe some of us never lived or visit California (wink) (wink)." Well then that would be fraud if filed a claim; wouldn't it?
@#735 Big Al 2013-03-09 13:14
"What is the number to call to see when they will be mailing out my check? Or to check the status?" 888-404-8013
@#736 honny bobo 2013-03-09 13:41
"theres this women in a wheel chair and her attendant got a check but she didnt" Well, did the attendant file the claim for the woman? One would think that the attendant is legally bound to use the funds on her charge/attendee but given only she and GCG know the terms of the actual claim she filed, who knows.
(I dont have a chase account (and refuse to give Chase a dime LOL) and each of my banks wanted to put a hold on it so I just said ok and am waiting.)
Alex at GCG is the one who told me if checks weren't received by 03/15/13 to give em a call.
I am curious how come so many moved out of the bright, sunny and happy state of CA (& yes, being very sarcastic about the "late, great, golden state") ;)
And yeah, it sucks that with a bank check like that, you go to cash it and the banks put a 7 working day hold on most of it. I just deposited mine and will wait a tiny bit longer. =])
=])
You all do not mind that, right?
I did not claim 6 visits so you are buying more than me....
Take care all!
THIS CHECK IS A PAYMENT TO U AS AN ELGILBLE CALMANT THIS PAYMENT REPRESENTS THE AMOUNT TO WHICH YOU ARE ENTITILED UNDER THE TERMS OF SECTION 9.3, EACH ELGIBLE CLAIMANT RECOVERY WAS LIMITED TO THE NUMBER OF QUALIFYUING VISITSACTUALLY DESCRBED BETWEEN OCT 16 AND OCT 26TH ON THE CLAIM FORM. no elgible claimant recieved credit for more than six qualifying visits. ---- soo it doesnt say- but i put 6 on the form.
and 11800000/2666.6 6 = 4425 valid claimed visits.
The estimated total amount for disbursement is supposed to be 14250000 so 1425000/4425 = 3220.33
3220.33 - 2666.66 = 553 per visit some might (and I say MIGHT) still get next month according to that court doc filed 3/5/13.
Please email me a copy of the letter and part of the check:
EDITOR'S NOTE: all posts asking for copies of checks and letters to be emailed out will be deleted! Please only email these to staff
It sounds though they only gave you 2 of the 6 or does it say 6 visits? They reported each visit at 8k
Scott (& his staff) is the only one with access to the ISP addresses used here and I doubt a claimant used an email with their actual name in it.
Do not be mean or threatening; it does no one any good, ya know?
I feel bad about who got denied, but why stir the pot, over and over....STOP. mean people do suck:(
For those of us really waiting for checks, somebody give us news please this must be the most reloaded page on the net for the last 24 hours LMAO
Any good news all ????? Did you get all your visits? I'm praying all of you did!!!
"@ claimant we already know GCG was up to something, if the Lawyers got paid off top good and fraud would all have gotten a check."
So, are you advocating that those who filed fraudulent claims and do not suffer from limited mobility disability as per the US code should received a share of the disbursements when they were not wronged at all and them collecting a part of such disbursement is fraud and a felony?
Not sure, that is just how it sounds. I think the way each claim was handled was handled differently and according to the way the claimant filled out the paperwork.
Do I think those who are truthfully disabled with limited mobility and went to one or more of those BK's does deserve a share and that those who filed fraudulent claims are not and it appalls me to think someone condones those who filed fraud deserve something at the expense and suffering of those truly deserving is all.
Still, as the court docs say, those who were wrongfully rejected and can provide proper documentation to support their allegation will get apart of the money set aside.
I wish you the best.
I think if whoever uses my info right will be able to get these cases of denial fixed quickly. But I refuse to cause a domestic disturbance over it. Not one time I went to court and I went a few Shelia, did people come up and offer help and assistance. The fact I even opened my mouth about this was huge because I would like to help but I want to guarantee I'm good. And since not one other person in the world takes care of me or offered, that's how its going to work. Talk smack, care not. I am sure this will be helpful to some. But cgc aren't the only bad guys that went with it...
So on that my mouth is closed ans hopefully the Intel I will share will help. Really its more then you knew so in the right hands (certainly not mine) maybe something can be done... but that is a maybe.
So I posted my email and I'll let honey or who make their own minds up on the value here.
Goodnight. And yes I find it sad when people don't get involved to do the right thing, but how can they when people are acting like you right now. Makes a sane person question do I want this?? And hard to answer when you know certain people thrive on the drama not the better good. So I'm covering my better good.d
Miled you too honeym
please pass this on to me i have a few friends that have ben fucked by GCG
wilborsmith
That, only time will tell.
If someone was able to get their letter today and wants to share here, then until people actually get that letter in hand, no one knows.
As for tax forms, I can't see anything more than a 10-99 but with the way the IRS is these days, who knows.
And you say you claimed 11 visits, but according the the court docs, the maximum visits a claimant could have claimed (at least received a portion of the settlement from) is 6 visits so no matter if you put down 1 or 100, the maximum amount you can get is for 6 visits.
I might post an email addy here, but I have not decided yet.
and Brunson, no worries, but thank you. =])
Congrats to you both.
I being one that harshly criticizing you, now applaud you for your continued assistance in guiding us through this process.
Bless you and thank you.
Me, I was surprised to see that last line in the last paragraph "with the remainder going pro rata to the original eligible damages claimants." Those who get a check this round might very well get another (smaller) check next month as well. (notice I said might)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mohan Vallabhapurapu, et al., on behalf of
themselves and other similarly situated,
Plaintiffs,
vs.
Burger King Corporation,
Defendant/Third Party Plaintiff.
vs.
Antelope Valley Restaurants, Inc., et al.,
Third Party Defendants
))))))))))))))
Case No. C11-00667 WHA (JSC)
[---------------] ORDER GRANTING
PLAINTIFFS’ UNOPPOSED MOTION
FOR LEAVE TO EXTEND BY FOUR
WEEKS THE PERIOD TO
DISTRIBUTE A PORTION OF
SETTLEMENT FUND
[PROPOSED] ORDER EXTENDING DEADLINE TO DISTRIBUTE SETTLEMENT FUNDS [CASE NO. C11-
00667 WHA]
Case3:11-cv-00667-WHA Document242 Filed03/05/13
On October 29, 2012, the Court entered an Order (ECF 238) finally approving the
Settlement Agreement in the above captioned case. The Settlement Agreement specified time
lines in which the Administrator is to distribute the net settlement fund to the damages
claimants. The deadline to distribute the net settlement fund to class members who submitted
valid claims is March 5, 2013. Having fully considered Plaintiffs’ Unopposed Motion,
IT IS THEREFORE ORDERED THAT:
Plaintiffs’ request for leave to extend the deadline for GCG, the claims administrator in
this case, to distribute 15% of the net settlement fund (approximately $2.1 million) so that
certain damages claimants with potentially valid claims have time to submit additional
documents in support of their claims, is granted. The deadline of March 5, 2013 shall be
extended to April 2, 2013 for disbursements for these damages claimants.
GCG is to send approximately $11.8 million on March 5, 2013 to damages claimants
that it has already determined are eligible, and disburse the remaining $2.1 million on April 2,
2013 to additional damage claimants that it may determine are eligible on the basis of
supplemental documentation, with the remainder going pro rata to the original eligible damages
claimants.
IT IS SO ORDERED.
Dated: _______________ _____________________________
The Honorable William H. Alsup
United States District Court Judge
[PROPOSED] ORDER EXTENDING DEADLINE TO DISTRIBUTE SETTLEMENT FUNDS [CASE NO. C11-
00667 WHA]
-2-
March 5, 2013.
Case3:11-cv-00667-WHA Document242 Filed03/05/13 Page2 of 2
Christie wasn't available but I spoke with Alex.
Due to privacy laws, they can't say what is in the envelope but all she could confirm is that an envelope was sent out registered mail and I would get it either tomorrow, Monday, Tuesday or Wednesday.
Nothing like stinging out the suspense.... LOL
And I thought my kids stressed me out...5y29g
Living where I do so sucks... ( very rural, always a day behind...) sigh
Are you going to send a pic to Scott?
The waiting is the hardest part, right?
'
and Tut, I am glad they cleared you all up. I also heard they denied someone because they at GCG could not find the Dr or medical supplier in an internet search. In the future, if the need arises, including their medical license number and such might help smooth your paths...
Now in regards to to gcg, Leo is a nightmare. Alex, he is a doll, just to show you the polar opposites and have some faith in cgc, marge rocked too. I will personally make it my duty to see that someone sees this blog. And I read there is another? Where please?
I hope you all do well and get big checks. Above that the changes to be made because if suits like this and others brave enough to file. I hold up my mental cocktail glass and toast all of you.
And the soup nazi reference.... bravo:-) spot on! And honey Bob to you too.
Faith
@644: Well, we all have our own different sense of humor; given your teases and mis-leads in the past, #642 seemed like yet another pot-stir (to me) was all and many are on edge as it is; saying things in the wrong way can set some off (I am a prime example).
BUT, If you end your jokes with a wink and a smile or , it lets us with the drier sense of humor instead of silly sense of humor realize you are kidding, ya know?
By the way, DIane, I think you are one hell of an intelligent (MAMACITA) no disrespect intendend.
Besos for everyone and hopefully we will all be blessed and received our "Cheques" by the end of the week.
Adios Amigos.
Latin Lover
Editor's Note - I didn't delete this because I chuckled. It's obviously a joke. "Neither rain, nor sleet, nor gloom of night, nor Burger King settlement checks stays these couriers from the swift completion of their appointed rounds." Isn't that how it goes? ;)
any one else got their status info?? perhaps and amount?
Now that being said I'm not saying this because he told me nothing, I'm saying this because he is so rude, it was just unbelievable.
OK folks fingers crossed all is good over at gcg and they are doing what they are suppose to.
PS Leo if you read this I'm sure your coworkers would agree, your accent is the farthest thing from sexy I have ever heard, I'm sure you'll know who I am now but what you said ...wow.
And I say...Not.
I will now by next week.
"SPAM SPAM SPAM SPAM"
pulling at my belt
I do not care really what they say or think; they have nothing to back anything the claim, it is all lies and since I am secure with myself, what they lie about or post falsely affects me not at all.
& If I got rejected or not is MY business, not theirs unless I wish to make or so, Got it "oh boy"?!?!?
and no, you cannot use my computer again LOL
can you comprehend that?
Not me.... I never said I had or had not been so definitively as of yet....
I wash my hands of the ranter trolls, you guys are just sad....
I just state the facts as presented to me AFTER I logically reason them out as a mathematician would do; point-blank.
Another reason I was qualified as a court mediator.
And yeah, I love researching and knowing facts, that comes from why I was a really good deputy and was really good at my law office job...; so shoot me!
I know I understood that if the barriers one claimed to have been met at one of the 86 locations did not meet with the barriers listed for that BK, the visit could be rejected from the claim. I understood that when I filed my claim, But I am too smart for my own good...
http://www.facebook.com/burgerking.rejecklist
i know of 5 people that have had there claims deined due to the fact that there visits to burger king where not valid GCG deind there claim due to the fact that after GCG deemed the visists not to be valid that they then had no claims! cause they had no visits
so if you wrote 4 vists and GCG deind all 4! then at that point you have no claim!!!! just anouther way of thinning the heard. so now if you dont understand that then i dont know what to say. thing is that i said this last month and now it has come true. its a fact this is true it is happing to people. this is not some thing im making up
And
So what, it is over...
all to do is email Scott a check IF you get one.
Me, I am flying away fro here yet again with no concern to anyone here as they too have no concern for me nor should they ( unless mentally unbalanced.) Only posted again as I KNEW you would have to say something but now I am the kid, but instead of running, I am flying away, fingers in ears saying lalallala, I can't hear you lalalalalla, etc..."
[ I do feel sorry for you though that you have nothing else to do...].
over & out! and outta here cos I am moving to a simpler life with no internet WOOHOO!
or better yet they dont pay you for all of your vistas that you listed. you list 5 but they only pay you for 1 wow
#325 honny bobo 2013-02-19 12:28
even if checks where mailed out on friday it dosent mean that YOU WILL GET A CHECK!! the other shoe is about to drop here stay tuned as to who didnt get a check and the resons why rember there are no apeals
#412 honny bobo 2013-02-22 22:21
i dont feel that there were any flags. i think they were random Notice of Deficency letters sent out to people im not talking about false claims im talking about people like you that got these letter and seeing that you got one makes me wonder more and im sure it made you wonder what the heck was going on. rember i didnt get one and you did
#387 honny bobo 2013-02-21 16:43
and then we get to see who dosent get paid!! i want to hear those stories and i bet it was leo's fault lmao
Why are you so mean, seriously???
"Impact of Personal Injury Settlement
Acquiring money from a personal injury settlement could result in a temporary or permanent suspension of your monthly Supplemental Security Income benefits. Under the rules of the Social Security Administration, a person is only eligible for monthly government support payments if he has virtually no income or assets. Under the rules governing the SSI program, an individual must have less than $2,000 in assets ($3,000 for couples). The value of her home and personal belongs do not count as assets. But earned income, gifts, gambling proceeds and money from a personal injury settlement are considered cash assets. So, if an SSI recipient received a settlement in excess of $2,000, he would, in theory, become ineligible to receive SSI government assistance. There are exceptions to the rule. In some cases, SSI recipients who acquire cash assets may be able to continue receiving benefits if they spend their assets, give them away or legally entrust the assets to someone who would help them pay for certain living expenses."
I dont think vegas gambling will fly if you are on ssi since big brother thinks only the rich deserve vacation. I would call and ask what okay expense's are.
You can go read this becuase it tells you what to do http://www.disabilityrightsca.org/pubs/550001.pdf
Why don't you call your local SS office and ask them what to do as they can guide you the best. The 10-99 has your social security number on it so will be in the federal system... Calling them is your safest bet so you then know what to do as every situation is different.
Can ANYBODY answer on what to do about Taxes or if your on SCSI not allowed to get big sums of cash. ANY insight would be helpful PLEASE :-) !!!!!!
And to all that are fighting to get heard, your in my prayers for a big recovery.
Please if anyone can help thanks ahead of time.
People, go to the Facebook page and make your initial complaint there.
If at the end of the claims process the 2.3million dollars of the Lawyers fees have not been touched, case closed.
Also, Lots of people say March 7, thinking 'ok, 3 months. thats 30 days times 3 plus 20 days so March 7th' but December and January both had 31 days so march 5th would be the day according the the court order. At least that is what my calendar says ;)
and yes, "honny bobo" here went to Facebook and did indeed create a page called Burgerking Rejectlist so if people here wanted to go public over there, and talk in a different place and way then here, then they could do that, that is all. It was not made by BK, GCG or the likes. If you go to facebook (if you have an account that is) and search Burgerking Rejectlist, you will find it.
Anyhow, it will be interesting to see what occurs as time goes by. The court docs do say that any money remaining after all disbursements have been made is to "pay any otherwise valid claims that were excluded from the Class Monetary Distribution through error or omission of the Claims Administrator, or for which the Claims Administrator determines good cause exists for payment", and ya, pay attorney fees and additional GCG expenses if any, but there is a cap on the amount they can take as I understand it. Then whatever is left is to be donated to Disability Rights California.
So, hopefully those who were denied in error will be able to indeed receive a check once they have provided the right information. That would be cool, huh?
(EDITOR'S NOTE - I'm deleting posts that are abusive. I understand many people are upset, please keep the comments constructive and helpful. I haven't banned "Dick" yet as I hope he's toning down his posts. Thanks for keeping things constructive folks! -Scott)
Sadly, I don't think we've seen the worst of it. The checks will be coming shortly, some of them will be posted on this website, and when that happens, the haters and mentally deranged posters will really fly off the handle.
& I read every document in the case too, as I am sure many here did.
You are yelling and cursing why? because before those final determination notices went out, you had not said a peep here before and now you are being abusive to us here? go write your swearing to GCG and the attorney's, not us as we didn't wrong you.
think about it...
& where the heck is Scott? lol
honny bobo was saying THEY themselves created the page for people to go post on if they wanted to; NOT that Burger King, the Court, or any attorney made it. honny bobo created the page.
GESH!
GCG is conducting a campaign of deception and people like Dianaa are the surrogates. The are not taking the claimants side. They a just justifying GCG's CLAIMANT CLEANSING PROCESS. I guess people like Diane posess a sickness that cannot be curred.
As for the claim process, the complete process was supposed to be done BY February 13th. No additional processing was sanctioned by the courts afterwards.
I went to the facebook site and that is a good start. The only problem is Diane is doing her thing over there too. She's sick.
just to shut up whats his name burgerking.rejecklist
its new so maybe you have to wait
where is diane?
Dick: reported.
Anyway, this is my first suit and I'm on SSI and am not suppose to have lots of money (not that this is a huge sum but....) does ANYONE know how this works with this and TAXES:-)
Any help would be great.
"The settlement agreement, which is purported to include the largest total recovery amount ever obtained in a disability access case, was found to be in the best interests of the class and fair, reasonable, and adequate."
what they are saying is the largest per person settlment for a case like this. but if there are to many people then it dosent even come close to this
http://traderegulation.blogspot.com/2012/11/19-million-settlement-approved-in-ada.html
LOL
Have fun; all the nice ones and the meanies, just the same.
I have every right to voice my opinion here just as you however, you do not have the right to be mean or rude about it, as you very clearly are doing. Stop judging and let people speak freely as is their right. >=([
Hope, no one has any figures but those at GCG. Hang in there, you should know for reals in about 10 days how much each visit was worth. =])
Tut is a clear example of my allegations of fraud on the part of GCG and Our Lawyers. If you read the GCG response, like the Deficiency Notices of December 19, 2012, the Final notice is extremely vague.
TUT. like you I will be contacting the Judge in this matter to investigate what is going on her and give us a remedy to our concerns.
I did speak to Tim Fox on the phone a couple months ago, he told me all the remeaini g monies that were distributed: will be going to a organazation that supports handi-americans . Also that they will be enforcing all the changes to BKs. So that made me feel better.
I hope everybody gets a check. And if you didn't, I'm sorry. I wish they thought of a appeal process and my eyes are wide open if I ever enter a law suit again.
On the goodness of another lawsuit...skech ers is giving you free tennis shoes and a 100$ check if you say you bought those stupid shoes that form your butt. I got those and nearly tripped getting on my scooter, walking 1 foot:-) !!!
Daine, your words are outrageously offensive to those of use who truly are disabled and deservant of what Burger kings failure to follow ADA guidelines. Your attack upon the disabled by assuming they are lying and are unlike you in this effort to be compensated. I know that your the type that will not accept true criticism, but those that read your constant written banter attest to your abnormal opinions.
Please stop you analytical analysis of everything. Besides, your not the only one with legal training but yours is plain crazy.
Keep writing and gloating over others pain and dis pear. Continue showing your true colors
Their phone number is 888-404-8013 office hours are M-F, 8:30AM-5:00PM PST
I hope that is help for you to go shout at them instead of us; we all feel your pain.
Sadly, technically those who filed false claims could have more to worry about than just that. Technically, Perjury is often charged as a felony. In the United States, at the federal level and in most state courts, it is punishable by a year or more in prison. Still it is rarely a crime a person is prosecuted for.
Yep, the know-it-all is chiming in...
Understandably so, people are upset that they were unable to meet the terms that GCG set in their determination of the validity of claims. GCG knew what was wrong with each BK; if a claimant did not claim the proper issues for the BK they claimed visits, then even if they did submit what was asked for in the Notice of Deficiency, I am willing to bet GCG had cause to deny the claim per their procedural guide, MOU, or whatever they call it....
Sadly, The Settlement agreement states that there is no appeal the the Notice of Rejection. The judge signed it as did all attorney's in the matter. I would fight it if I could afford it, but I think of how much it will cost to do so, well I just do not have it. The main thing is, getting the Procedural Guide or whatever they used to determine a valid claim is going to be a long and hard battle.Then there is getting an attorney that is not in conflict of interest in the matter to listen and be willing to take the case but the biggest hurdle is going to be finding a judge to not dismiss the case given the wording of the settlement agreement, plus you only have a small window of time to dispute this. AND , on top of all this, you still have to provide to the court that you do in fact meet the requirement of use a wheelchair or scooter for mobility and each claim to be a person with a disability as that term is used in the Americans with Disabilities Act as according to GCG, the denied claimant did not prove that. Furthermore, it has to be proven how the person was "injured" at any one or more of the BK's and those damages have to meet the damages known to have occurred at that/those Bk(s) at the time frame within the settlement agreement. At least, that is how I would approach it, make sure I have all the facts and my ducks in a row before I quacked...
Still, I wish the Very Best of luck to those) with the deep pockets) who pursue it.
Me, if i get a NOR, well sure, as a person supporting herself and two kids on under 2k a month, it would help me out a lot, yeah and fixed things I need fixed. BUT, as was mentioned below, I, nor anyone here, was physically injured in this matter; it was all a matter of pride and the expectation of being treated like everyone else, even if suffering (or enjoying) a limited mobility disability. It is not like any claimant put money into the case and are now losing it and had a claimant not known about the case, they never would have missed the money.
Is it sad that there were fraudulent claims filed and ruined it for may with valid claims; yes it is. I am sure it is very frustrating indeed.
Anyhow, you all take care and blessed be.
DOCUMENTS FROM THEIR DOCTORS, ACCIDENT REPORTS AND SSA TO SHOW THAT THEY HAVE A MOBILITY/DISABI LITY. ALSO PEOPLE IN THEIR 60-70-80 ARE GETTING DENIED. THEY MAKE A BIG DEAL ABOUT WHAT IS A INVOICE OR RECEIPT WHERE SOMEONE PURCHASE A WHEELCHAIR OR SCOOTER FROM. A FEW PEOPLE WHO DIDNT RECEIVE A LETTER IN DEC 2012 TO SHOW PROOF ARE ALSO BEING DENIED. IF SOMEONE DIDNT GET A LETTER IN 2012 THEN HOW COULD THEY BE DENIED IN 2013 WITHOUT GIVEN THE CHANGE TO SHOW PROOF. THE COURTS STATED THAT ITS UP TO THE CLASS ADMINIST. TO DECIDE WHO IS APPROVE OR NOT, I CALLED THE ATTORNEYS AND THEY SAY THE SAME THING ALSO. SO WHO IS WATCHING THOSE CRAZY/CHEATING PEOPLE IN SEATTLE. ARE THEY POCKETING THE MONEY OR GIVING TO IT THEIR FAMILY MEMEBERS. ALSO THE CLAIM FORMS STATES THAT IF SOMEONE IS DISABLE OR UNABLE TO SIGN THEN SOMEONE IN THEIR FAMILY CAN. GUESS WHAT, THIS GUY APPLIED TO HIS LITTLE BROTHER WHO HAS BEEN DISABLED ALL HIS LIFE AND USES A WHEEL/SCOOTER AND WAS DENIED BECAUSE THE LITTLE BROTHER DIDNT GIVE THE OTHER BROTHER CONSENT. WHO WOULD THE LITTLE BROTHER GIVE THE OTHER BROTHER CONSENT IF THE LITTLE BROTHER CANNOT READ OR WRITE BUT YET THE SETTLEMENT NOTICE STATED THAT A FAMILY MEMBER CAN SIGN FOR A DISABLE PERSON. ALSO PEOPLE APPLY FOR A DEAD RELATIVE AND YET THEY WERE NOT DENIED. CAN A DEAD RELATIVE GIVE CONSENT WHEN THEY DIED BEFORE THIS CLASSACTION SETTLEMENT CAME OUT. SOMEONE NEEDS TO SUE THE CLASS ADMINIST. AND THEN WE ALL CAN START A CLASSACTION AGAINST THEM. THEY HAVE THE MONEY AND INSURANCE AND THEY ARE GIVING OTHER PEOPLE MORE TIME TO SEND IN PROOF. THIS IS ONE OF THE BIGGEST RIP OFF CASE I HAVE EVER HEAR IN MY LIFE. PEOPLE ARE GETTING (F) IN THEIR ASS. THEY SYSTEM IS AGAINST US, WAKE UP PEOPLE.
http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/3618-claim-denial-letters-sent-in-burger-king-wheelchair-access-settlement
GCG is not going to listen to you, they will only listen to another lawyer or someone from the JUSTICE DEPARTMENT.
This would not be happening if the Judge in this matter did not set aside $2,220,000 of the lawyers fees to be used, if necessary, to pay the claimants. The number of claimants don't matter- they will simply do simple division. But when the 2.2 million dollars become part of the equation, then the problem began for us claimants. Plus GCG get paid from the lawyers fees so this is to their advantage.
We are not ignorant people. We can accept credible and logical decisions. We know when something is not right. This is not right.
He is the attorney for the plaintiffs and see what he has to say about all these shenanigans.
Now, yesterday I received the Final Notice Determination letter (rejected)
My Dr. said she never got a call from anyone.
Again, I'ts the set aside money of 2.2 million dollars of the attorneys fees that the court withheld if more money is needed to pay claimants. Don't be thrown off regarding the logic of GCG in this matter-their job is to save the attorneys money.
mary, I can see that happening.)
I concurred as well...
I did not get a NOR and I am not GCG. What I AM is very strongly opinionated about the letter of the law and GCG should have to show proof and accountability somewhere soon regarding their actions. Write Tim Fox, an attorney for the Plaintiffs ( us) in the matter and see what he has to say; he is a reasonable person.
and the kmart question is not a trick question? what makes it a trick question? It was a simply question stating I got a settlement check from them, no questions asked yet GCG makes people try to jump through hoops and do stuff in a very short amount of time when the people they are asking this of are disabled and kinda have a hard time getting around as it is, that was the whole purpose of the suit... LOL
Anywho, I feel sadness for those who received the NOR letter. I say {big group hug} to all that did.
yeah Honny, keep saying the same thing; it won't get you any more attention; sorry.
your so stupid to say some thing about some one looking for attention.look at all your post! check your mail and then come talk to me rember i never got a NOD
you told me i was wrong to say people would get rejection notice now that it has come to light you must eat your words check your mail or lie to every one
I just want to say now it was great being able to "converse" with many of you. I know many feel robbed, but were we really robbed? it was a shot int he dark to get anything and as Alex said to me, "this money should have just gone to charity" so it seems it will be... really sad to be "cat-fished, as greatness put it.
take care all; hopefully tomorrow will be a better for many.
Tut, that is really weird. Sadly the wording they gave you is different from whqat they gave me, still given what Alex said and inplying we all didnt deserve a dime and it should all go to charity, time will tell. I am sure lawsuits will arise from this given what you just posted.
but i did write this
#400 honny bobo 2013-02-22 19:55
@LB, this is what i have been saying for a while. ever one here could get a rejection letter even diane!!!
just using you as a example diane
It sucks my dr went into the referral dept, leaving me with a different dr who doesn't really know me, only my four volume medical record & who wants to read that? LOL.
Still I hope all of you, whether you were nice to me or nit, do not receive rejection notices.
#325 honny bobo 2013-02-19 12:28
even if checks where mailed out on friday it dosent mean that YOU WILL GET A CHECK!! the other shoe is about to drop here stay tuned as to who didnt get a check and the resons why rember there are no apeals
CONFIDENTIAL
DISABILITY/LIMI TED MOBILITY VERIFICATION
Please provide limited mobility verification for Diane X. XXXXXXXXXXXXXXX XXX
1. Diagnosis: RSD w/Limited Mobility. 09/1992: suffered internal derangements to left knee. 01/1993: Suffered internal derangements to right knee. Approx 03/93: Dr XXXXXXXXX (XXXXXX), ordered no extended standing or walking, no walking on uneven surfaces, no squating or no kneeling and no running, retiring Diane permanently from the sheriff’s dept. 10/1999: suffered internal derangements to left and right knees. no surgery to correct due to no insurance. 03/2006: Suffered Fracturing and shattering of Right Tibia, and Fibula and the dislocation of ankle. 3/2008: fractured tibia of left leg. Since 3/2006 injury has suffered RSD (reflex sympathetic dystrophy syndrome (causalgia). Her Dr. at the time, XXXXXXXXXXXXXXX X. (Ca medical board license # XXXXXX) ordered wheelchair/assi sted walker use only. She was wheelchair bound through 07/2007 after which she regained some of her ability to walk or stand short distances, walker/cane/cru tch assisted, but still is limited to no extended standing or walking and requires her wheelchair, (which she paid for herself, out-of pocket, as she had no insurance at that time), on a regular, daily basis for regular daily activities within and outside of her home. There was a prescription written for her to purchase a wheelchair upon her release from the hospital in 3/06 as well. She suffered the broken left leg in 03/2008 due to attempting to walk without use of canes or crutches, losing her balance and falling. She uses her wheelchair for mobility on a daily basis and as permanently disabled with limited mobility/impair ed physical mobility will require to do so for the rest of her days. She is permanently disabled through the Social Security Administration and her vehicle displays the proper CA disability placard and/or license plates.
2. Duration of Disability is: Permanent/Chronic
3. Condition is: Prone to exacerbations
Verifying Licensed Professional License# XXXXXXX
Date:01/04/2013
Name:
Dr. XXXXXXXXXX SIGNED:________ ____________(si gned copy mailed in)_______________________
Address :
XXXXXXXXXXXXXXX XXXXX
Phone: (XXX) XXX-XXXX
So, i just do not know, on pins and needles. All the research, All the conversations telling me my claim was in order; well, right now that doesn't mean a thing. Plus the fact they supposedly did not send out second notices to these folks or grant them an extension... WOW
LOL
info
1:01 PM (7 hours ago)
to me
Dear Diane,
If you have questions, please contact us by phone. Our office hours are M-F, 8:30AM-5:00PM PST and the toll free number is 1-888-404-8013.
Thank you,
GCG, Inc.
I didn't call, don't see the point as tomorrow's mail will tell if I was lied to or not...
@Diane, I never received a 2nd notice to produce anything else..well Ill see what the mail brings me tomorrow or whenever.
and Lucy, no one wants you to prove anything.
I for one and curious to see one is all and I thought i read somewhere in here Scott saying that if you anything from them (not his exact words) to send it along and he would post it to show it is real and not a false post was all due to amount of false postings and people pretending to be other people and such, or so I read.
(EDITOR'S NOTE - We received the picture! Thanks for sending it in! We're editing it and will post a formal update with your picture headlining it tomorrow!)
That said, I wish you all the best to come.
1. Those who try to find out actual information to be helpful here - we all know who these are,
2. Those who read those facts and are offended or put off by it - we all know who these are,
and
3. Those who are here to post false information and stir things up to create more activity and posts - we all know who these are.
It was said, and verified by GCG, that anything mailed regarding receiving a check or not would be issued at the same time and that was not happening until the 5th of March at the soonest. So I do find it interesting Lucy [supposedly] received a notice of rejection already. I wish she would do so as Mr. Scott Hardy has asked of posters here and to send him a pic of it some he can block out the personal information and post it for us to see and that it is actual fact. But I do have to agree, even if GCG was calling to ask a doctor if they signed a piece of paper, that is still legally confidential information.
Just saying...
But if it is true then Lucy, I am sorry for your loss.
As I also said, you don't have to read my posts, BUT if you direct one to me, I am obligated to answer. Stop addressing me ( while also mis-spelling my name) and I won;t be a problem to you.
I think you need a nap PP.
Ad no one forces you to read what I write, but I do have the right to defend my position and words. Just as you have the right but I never insulted anyone; I merely answered to Elizabeth, her question.
Again, have a great day.
Have a wondrous day.
This is just what I Know from working within the legal sector as standard practice.
Sorry if the truth offends you; I did not intend such.
Day 12/20
You may thing your right, but your are truely wrong.
and I left a bit out here (This is due to the fact that most people with a valid limited mobility normally already have on hand some form of a copy of their limited mobility through their doctor or such, say a copy of their application for CA DMV Disability Plate application which would have their doctors verification on it as well. AND it clearly stated on the claim form that "Named Plaintiffs each use a wheelchair or scooter for mobility and each claim to be a person with a disability as that term is used in the Americans with Disabilities Act." PLUS if a claimant received a Notice of Discrepancy, they knew what was required and that it included verification from a medial provider or a receipt showing the wheelchair or scooter was from a prescription of a medical provider (a receipt of such would show such ) If they merely sent in a receipt for a wheelchair or scooter they purchased themselves without a prescription, then that was not considered proper verification.)
And I do have an idea but it is just a generalized idea of how the process works.
Claims are received by the Claims Administrator and each one is read to confirm it is a valid claim.
If there is question as to the validity of a claim, a Notice of Discrepancy was sent out for verification of limited mobility, signed and dated my a proper medical authority that could concur the limited mobility status in question at the time of the visits.
If improper or non-verifiable verification was sent,, the verification was either rejected or addition verification from a physician was required, with very little time to obtain it.
(This is due to the fact that most people with a valid limited mobility normally already have on hand some form of a copy of their limited mobility through their doctor or such, say a copy of their application for CA DMV Disability Plate application which would have their doctors verification on it as well.)
Once all the verified as valid claimed visits are totaled, the total amount available for disbursement (X) is divided by the total valid claims (Y).
This leave the award amount for each visit (A).
That number is then used to calculate the total award for a claimant (C), multiplying the claim visit award amount by the number of valid claims of a claimant (Z).
X/Y= A A*Z=C
Hope that helps you. I know it is not much but not know the X & Y, it is impossible to do the actual math with any accuracy; anything would be merely guessing.
gesh I wasn't be rude or mean; you just did not read it correctly.
no, I am just picking on you like you like to pick on others LOL
but seriously, that show is a disgrace to a proud american and what they stand for , still not the pint. The point is I punked YOU back! hahahahah ;)
all in good fun of course, but still inquiring minds need to know...
Seriously though, now that we know mailed date, date given the USPS shows the maximum mailing date from Seattle to elsewhere in the USA is mainly 3 days, we know the 3/8 is the day to be there when the mail comes in for that card and what it brings....
& ya, I did write LB with my Runescape name... no answer yet. Maybe they wanna swap tea recipes? who knows...
take care all
zoegirlmin
you kinds have fun, I am off to play Runescape
and no, no hang over, I drink tea these days....
Seriously though, while yes, we have a tad under three weeks to sit and wait, and moving on with our lives until the powers that be send us what they will, sometimes idle banter is helpful on the nerves just as much as it is irritating on the nerves. Heck, if you don't want to know what is being said, don't open the board, like I think you said you were going to do already a few weeks back. Me? I don't have a life.... ;)
MAXINE
"My boss is always breathing down my neck. Which is pretty impressive for someone with their head up their butt." bahahhahahahahaah!!!!!!
ok, enough being silly... er hmmm,
Sweet dreams tea puts my brain to sleep but due to nerve disorder, the rest of me fails to realize such...
anyhow, night all, may March 8th find you all very happy.
not I, that was supposes to say IF LOL
nights all
no worries. I have a valid claim and documentation to back it up. (could be my paranoia setting in though.... LOL)
I am sure this makes some mad but they signed under penalty of perjury that they had limited mobility during the time frame stated in the court docs. They might be upset that they really did not and thought they could file a claim (since no proof was ask for in the claim form itself, YET they failed to read the entire document to see they WOULD have to verify their claim sometime within the process.
Honestly, if some one filed a false claim, it is a felony and they could be looking at a time behind bars if the attorney's in the matter should so choose to pursue such as a deterrent to others, to make them stop and think before they file a false claim.
I am NOT saying anyone here did such, I am just providing a possible scenario is all.
Anyways honny, there is a rhyme and reason; a method to how they follow through with the process to ensure only those who are truly suffering from limited mobility and did so at the BK's in the suit are the ones who receive a fair and just disbursement from the settlement amount. That is their job as claims administrators.
And yes, I know you were just using me as an example, no offense taken to that.
And, given I can out-drink any man drinking Jack Daniels double shots, most men find that more than a tad bit scary... and my kidneys yell at me something fierce, so I gave that up. No, I prefer the life of a recluse, other than conversations here and occasionally with my vintage VW bud's.
as I say, no worries.
past my bed time I do believe but it IS a Friday night, so I will share a glass of cheap Brut sparkling wine with myself ( as usual) and see if anything posts here i am inspired to comment on, that or just go watch Numb3rs reruns on Hulu...
But to me, that is no big deal. I tried to help people here and they think I am a know-it-all or stuck-up or something, when all I was doing was trying to help. Well, I helped those who wanted it, others can take it or leave, no biggy to me.
And I do not know if they did this on the first BK matter as I am not in that part of the state. But no worries Honny "sprang tooth" bobo, I know you are a kidster and enjoy the laughs and giggles you bring with your posts when you post as such. =])
And LB: I think IF they wanted more from you, you would have received the second notice, but I am guessing on what seems to me to be a common-sensed assumption. I do not know what you sent in as verification and as was mentioned before, you said your verification was post-marked 01/18/13, but the info had to be RECEIVED by GCG on or by that date, not post-marked. You also said you faxed it in; hopefully that counted. You can email and ask for Christie to answer your question and if she is not swamped, she will call you back. If she is, she will have someone else call you back. All I know for sure is what I was told and I am sticking with that.
"Everybody is a genius but if you judge a fish by its ability to climb a tree it will spend its entire life believing that it is stupid." (Albert Einstien)
just using you as a example diane
I will be glad when the mail comes on March 8th as I am 3 days mailing time away and I sure they are not sending the items priority mail ;)
fingers were still a block behind brain thoughts....
I know what I am receiving already (as in a yea or a nay), and I will be forwarding Scott a scanned copy of what I receive.
Well, back to bed. You all have fun & thanks again Edward! =])
And who is fighting?
I see frustrations building as time wears on, but not fighting
;)
Alex didn't want to pin-point a date exact, you could tell she was trying to not be put on the spot. & yeah, we each hear different things but still knowing it is so close it really good to know, no matter how frustrating.
Know-it-all's absorb everything to keep the title.
Still just because someone can write or speak in an articulate manner does not make them a "know-it-all" they might just be someone trying fall within the scope of the board and be helpful.
If stuff cannot be verified by Scott as valid, then he deletes it. Posting the name of who was spoken too helps him verify posts containing data (as opposed to funny-filled banter).
I suppose you feel a bit bitter and frustrated, and rightly so. Still this will all be over soon and hopefully you will have, at the least, a nice dinner in celebration. Best of luck to you.
BTW: Some folks on this site have the hardest time believing what could be useful information on this site...especial ly KNOW IT ALLS
@ Mary: Alex made no mention of this. There are no letters going out, those that needed additional verification had until 2/13 to do so. So, unless you are one of the ones you begged for an extension, everything has to be in and whomever asked for the extension, well they will not be getting a letter asking for Dr. verification ask the whomever's already have received notice of what is needed and have a deadline of when it has to be in by. I realize you are bored and find it funny to stir the pot and try to get a rise out of people and get them to flood GCG with calls. I feel sorry for you if this is in fact your only form of amusement. I got a house that needs to be cleaned if you have idle hands... ;) ;)
@Honny: no worries.
and thanks for the kinds words everyone. I think it is best to only print facts and try to be helpful; I am glad I was able to help those with a solid head on square shoulders. =])
Put your egos to rest.
Let me be clear. The court, not GCG is the controlling entity. If GCG is asking for more proof from you in order for them to issue you a check, then this proves that GCG has completed the claims process, and has submitted the required list of valid claims to the lawyers. The next step is the check issuance process which is required to be completed by March 5th, 2013. The question now is , if what Diane says is true, then GCG is required to give a person 30 days in which to respond. That alone causes this process to be in violation of the court order.
Case in point: October 26 hearing requires the claims due date be 20 days from the date of the hearing (November 20th). Any response to any requested information must be given 30 days to responed to (Dec 19 request due January 18 - the 30 day requirement). This shows that GCG is following the court order. Now we are to believe that GCG can decide on their own volition to ignore a court order is preposterous
If what Diane is saying is true, then such actions will cause GCG and the lawyers out of compliance with the court order. .
I believe it is now time to contact the court and have this matter investigated.
Some of us seem to have too much inside information that makes this process suspect.
as true as that statement is cowpatty now i bet we cant get her head through a door now. i just wish she had a since of humor and no i dont want to hear any long stories diane. but you have been a great help
OK ONE MORE TIME
DIANE YOU HAVE BEEN A GREAT HELP!! OHH IM SORRY I MUST HAVE FORGOT TO SAY
THANK YOU DIANE!!!!
I judge no one. That said, go pick on some one else.
But you go ahead with your game, I am not playing.
Funny thing is when I was talking with Alex at GCG I brought up someone saying they were entitled to a disbursement due to a "sprang tooth" and she knew exactly what I was speaking of and gave a confirming chuckle of no, no valid claim... THAT is funny
We have the right to communicate with one another so long as it is on topic and not rude or mean, even it they are just theories. ;)
Hate Attorneys: read what Scott hardy wrote: they do not get paid until after the disbursements have been made.
LB: no exact date has been provided yet or I am sure Scott would post such.
=])
that said: What I thought of as I hit the hay last night:
Wouldn't it be nice IF GCG could declare an averaged amount for the possible Total Valid Visits?
This number would come from all the validated visits calculated within the 90 day period as well as those visits they are still waiting to validate. With this averaged amount, they send to those with valid claims, their disbursement. With those of so far known rejected claims, they send their Notice of Rejection (NOR. The remaining amount from the total award amount remains accruing interest until they are able to determine if these claims are valid or rejected and pay them the same dollar per claim amount as determined above or the NOR.
Example: say the interest rate on the account is what B of A supposedly pays their best savings account (0.20) but this is amount they pay on $250,000.00; we now the sum of $14,250,000.00 would earn a higher rate, the 0.20 is merely an example. SO, amount in interest bearing account is $14,250,000.00; and the annual rate is 0.20; the number of days in account 110 (3/5/13); interest earned $8,612.64; so the total balance as of 3/5/13 is $14,258,612.64. Say there are 956 total valid claimants with the total of 3824 POSSIBLE valid visits. 14,258,612.64/3 824 is $3,728.72. BUT out of these possible total valid visits, only 3402 are known to be valid so the claimant so those known valid visits receive their disbursement of $3,728.72 for each visit they had to one of the BKs listed in the matter. The rest of the funds remains in the interest accruing account until the deadline they have set of those claims determination and that that time, the remaining funds are disbursed to those claimants or NOR is sent. The remaining funds are donated to a California based charity which helps those with limited mobility issues. (I say CA based since matter is based in CA)
If I was working at GCG, this is what I would offer to the attorneys as a means to make everyone happy and stay in terms of the Settlement agreement, but that is just how my brain works….
9.5.3 No later than ten (10) days after the deadline for completion of the claims determination
process set forth in Paragraph 9.4, the Claims Administrator shall provide Class Counsel
and BKC with a list of the names, addresses, telephone numbers, email addresses, a copyof the claims forms, and the pro rata amount of the validated claim from the Net Settlement
Fund, of all persons who have submitted claims in connection with the Lawsuit
9.5.4 No later than twenty (20) days after the deadline for completion of the claims
determination process set forth in Paragraph 9.4, the Claims Administrator shall cause to
be mailed, via certified mail, return receipt requested, checks in the amounts specified in
the claims determination process, and 1099 forms to Eligible Claimants. All checks shall
be negotiable for no more than one (1) year from the date of mailing
(the 90 day deadline) The reason the letter was sent is because he only submited one form of verification of his mobility (a receipt).. This 2nd letter was slightly different from the first as it stated he could only send in a letter from the Dr. Once he received the letter he had only 1 week to respond. Now somebody somewhere is telling straight out lies... could this be the extended time GCG is referring to?
I made same argument you present to her but she made mention that they are in compliance with the order and have the okay from the attorneys and they all feel it is in the best interest of ALL claimants to give everyone a chance. It sounded to me like they are trying to avoid further court action,which would delay disbursement even more so. I told her I see the point of view they are taking, however it clearly states on the settlement which the claim form is attached to that plaintiffs each use a wheelchair or scooter for mobility and each claim to be a person with a disability as that term is used in the Americans with Disabilities Act. She said yes, but they are granting the extension and checks will be out the first or second week of March, the sooner they get the outstanding paperwork in, the sooner they can finish but they have a set deadline and will not allow anything past that, that the extension is in compliance with the settlement agreement and the checks or notices of rejection will be sent out in compliance as well.
It is frustrating, I know and so do they at GCG but they can only do what the attorneys and/or court told them to do and that is what they are doing, or so she said.
We spoke for like 10 minutes and I felt it was a productive conversation. But I am still frustrated, I really was counting on the check sooner than later like Christie had told me back in January but oh well. Good things come to those who wait, right?
anyhow, I am off for now to twiddle my thumbs cos I can't do much else... LOL
If GCG says the delay is because those who were asked to produce verification need more time, them I have an issue with that. The verification folks had a solid 30 days to submit the info GCG needed to validate their claims. To make everyone else wait because of their issues, weel I don't care for it.
I have been blessed with a job I can handle dispite my disability, with a fair salary and benifits, so I'm not under pressure to see the check, but there are those among us who needed the money yesterday. I think it's poor form for GCG to prolong matters when the affected group had time enough to do what they needed to.
I think what she was trying to say is everyone please relax and sit back and wait; it is not like the money is going to pay unpaid medicals bills from injuries in the matter and we all need to have some patience and please give them some breathing room.
I hope that does not upset anyone; but she did ask me to say that, so I did.
See you all in a few weeks =])
She also asked me to post this for all of you, in hoped it answers your questions.
EDITOR'S NOTE - I deleted the comments from those who said they received checks and banned them. If you receive your check email us a picture of it (camera phone image is fine, just make sure you're zoomed in on the check and it is in focus.) We'll edit the image so your information is removed and post a formal update. Email us - staff
Otherwise, there's no way of knowing who is doing no more than jerking people's chains for a laugh. Sorry to say, there have been a bunch of them in this forum.
Sorry LB, but I don't believe you.
My check is HERE. YAHOOOOO People should have there today and tomorrow!!!"
Liar Liar Pants on Fire, I just called and Leo told me they have yet to send a single check....LB get al life.
Good Luck to each and everyone, you all deserve to get paid.
Adios Amigos.
Carmen
We have some nice settlements in the pipeline which I hope you’ll be able to claim next week!
Have an AWESOME day! Happy birthday George Washington!
Warm Regards,
Scott Hardy
President
(EDITOR'S NOTE - Deleted and banned user posting comments which can't be confirmed.)
But if you do call, posting here what they tell ya would be awesome. =])
I don't live in a dream world nor do I believe in such LOL
Life taught me to trust the facts and only that.
nites all
sorry...
still, They told Scott this "#98 Scott Hardy 2013-01-17 14:00
Here's the officially UNOFFICIAL word. If you don't get your check by the end of March make sure to call GCG. All checks should be received by qualified claimants by the end of March.
Let us know when they start arriving!"
Honny: um, no! LOL
Judy: what happened to Judy????
Done with it. =])
and through the link I posted, it was clearly it was about the decertification of the Taco Bell case, not the Burger King case IF you read the link Silly. (In July, 2012 it was ruled to decertify the damages portion of that class action)
No one said anything that was or is, as you put it, "making assertions about this issue and making what you say is more factual than another." (unless Scott deleted something in the past few minutes that I missed) LOL
( #280 honny bobo 2013-02-12 20:42
diane do you want to kill this in the first hour shhhh!!
#279 Diane 2013-02-12 16:31
Honny bo bo the judge in that matter decertified the class action, meaning if you wanted monetary relief, you had to get your own attorney and file suit against them privately.
You can go to http://www.foxrob.com/current-cases/tacobellclassactionlitigation/ and read about it.
#278 honny bobo 2013-02-12 16:26
well here is some thing to think about while the days go bye and we all wait for march
what ever happen to the taco bell class action and the whole foods class action ok now run with that one lol)
God speed, everyone
You can go to http://www.foxrob.com/current-cases/tacobellclassactionlitigation/ and read about it.
what ever happen to the taco bell class action and the whole foods class action ok now run with that one lol
Is there a document that shows our names as plantiffs?
There was a list attached to a court doc regarding the final settlement and the claimants at that time BUT it is not made public due to privacy law. (I can't recall which one but it was attachment 7 as I recall). While it would be interesting to look at it is illegal due to those privacy laws and they are why GCG can't release the information either. Sucks, I know but I also know I do not want just anyone to be able to see my name on any list, especially as a claimant, ya know?
Have a great day everyone! =])
To me, the days since Christy at GCG told me that time to wait for have crawled slower than a snail-in a head-on-windsto rm by but only a few more days, only a few more days. You get up outta bed, go about life as normal and hope it will be a good day; if the postman brings a (welcome) surprise, awesome; if not, well there is always tomorrow to look forward to, right?
Have a great day all! =])
Please note that I'm not disrespecting those who had to jump thru the verification hoop. What I am saying is, GCG was obligated to do due diligence. They had a contractual obligation to try to weed out possible improper claims.
In the big scheme of things $15,000-$25,000 really is not that much money, but if you are living month to month, either paycheck to paycheck or benifit check to benifit check, that kind of dough can do wonders for your immediate situation.
I hope that by this time next week (Feb. 19) there are posts of great joy in this forum. Next monday is a postal holiday, so the 19th is the first day that checks could actually be delivered.
Remember, the terms of the settlement require that all checks be sent out via U.S.P.S. Certified Mail-someone has to sign forthe letter/check GCG sends you. If you come home and find a orange note on your door or in your mailbox, your wait could very well be over.
I hope EVERYONE gets what they are hoping for, the sooner, the better.
This will be my last post until the checks come out-unlike Brunson, I won't sit out 2 or 3 days and then come in again.
Be calm everyone, just a few more days now.
Thanks very much for your post. You offer the kind of insight that is really needed, considering there has been much misinformation and outright weirdness in this thread.
As we await the Feb. 15-March 7 period, the more legitimate information we see, the better off we are.
As a named Plaintiff, you will get an extra amount, something I'm sure you earned.
play nice kiddies...
Before you speak, ask yourself this: Is it true? Is it kind? Is it necessary?
Words have power, be they spoken or written.....
off-topic: if you go to Baker's facebook page they have a coupon for a free Cinnamon Coffee, good today and tomorrow.
(EDITOR'S NOTE - I'm no longer warning/editing posts for the most part. If your comment is malicious or rude I'm just deleting it. - Scott)
unless you make these =])
;)
It seems like some people can't help themselves. Brunson, for example. Brunson stated in post #216 that he would quit commenting. Since that post, he's posted 3 more times, with each one being more bizarre than the preceeding one.
Brunson, I would be glad to send you a $1,000 bucks from my BK settlement check to cover 3 or 4 visits to a good M.D. or Phd who could at least start to help you deal with the many issues that you appear to have.
Luv ya too smart Dianne,"
Must not luv me much, you mis-spelled my name LOL
I bet whoever's mailbox that is is gonna be really mad some day when the junk mail starts pouring in LMAO
Equality is not just being treated the same, but also being looked at the same. I took a anatomy class and was told that the nerves in our body acts on a precise philosophy. That philosophy is what is called the "all or none" principle. In essence, if you going to strike the nerves of the body of the claimants, it will only be justified if you strike the nerves of all.
I see little men walking in circles around my wheelchair. They are wearing yellow poka dot hats carrying signs saying on one side, "Proof by January 18th" and "No Proof Needed At All" on the other. Oh, My, God! What am I to do? I then asked one of the little men, what proof must I send in. He spouted out "a receipt", "a Dr's Note", "an amputated leg", "a picture of you in your wheelchair while being pushed off a cliff", "a picture of a customized wheelchair hopped upon 21 inch rims", "a letter from the Salvation Army for you donated chair", "a picture of you in your wheel chair outside of GCG's main office", "a bill from a authorized solar system installer indicating that your electric powered scooter is now solar powered", and so on and so on. I was confused. Then I asked what will happen if I don't send in anything. The little fellow frowned and said........... ...'NOTHING".
-Editor's note. I know, but, I think it could be misleading to those who aren't following this three closely. That's why I deleted it. It's confusing enough as is. Thanks, Scott
Luv ya too smart Dianne,
mary: knock it off LOL
Honey BoBo: we are still waiitng on how a sprang tooth caused limited mobility under ADA terms... ;) ;)
Rita: They told Scott this "#98 Scott Hardy 2013-01-17 14:00
Here's the officially UNOFFICIAL word. If you don't get your check by the end of March make sure to call GCG. All checks should be received by qualified claimants by the end of March.
Let us know when they start arriving!
Thanks,
Scott Hardy
President & Founder of Top Class Actions" But from what I gather, the CA's tell each C differently as to whent o expect their funds, it just depends on teh status of their claim it seems.
LOL
I called GCG and they told me the checks will be out in April.
I called GCG and they told me the checks will be out next week.
I called GCG and they told me the checks will be out soon.
I called GCG and they told me to ask You!
THEY CANT HANDLE THE TRUTH!!!
http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap126-sec12102.pdf
Sorry. =([
and:
I thing a "sprang tooth" wpould fall under part B, which you fialed to read." should have said: I think a "sprang tooth" would fall under part B, which you failed to read.
and I thing a "sprang tooth" wpould fall under part B, which you fialed to read.
(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
I chatted for humor, but this is hilarious!
the 15th is friday the 18th is a holiday ok so the 20th and the 21st should make this a hot place to be lol
because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
)An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
and learn what they mean when they say "Named Plaintiffs each use a wheelchair or scooter for mobility and each claim to be a person with a disability as that term is used in the Americans with Disabilities Act. " k?
(can't sleep)
anyhow, anyone can call to request the information, but it is a violation of HIPAA for the doctor's office to disclose the information under most circumstances.
They why I said what I said and it if fact that no one can obtain any medical information about a person without that person first providing the asker with a release form and the asker has to show that release form to the medical provider in order to obtain the information; it is just the law. If they would have called me and said such, I would have asked them why a medical release form was not provided with the Notice of Deficiency or claim form.
But if you have seen all the posts here, you understand why some scoff at some posts and why some question others and why Scott steps in and takes many comments out.
And Brunson, don't be like that; we all enjoy your communications =])
is this honey boo boo as dreadful as the one on tv, ot is it humpty dumpty, clint eastwood & bill gates rolling out of Ted's imagination? wink wink
She said there going to send out letters next week to those people that need more info and that checks should be sent out by the first or second of march
She went on to say how they were calling to verafie all the info they received. I told her that's fine but that if they want more From me they'll have to send me a medical release form witch should have been done a lot earlier in my opinion
https://www.facebook.com/topclassactions/posts/417173861670636
(just in case you wanted to see it)
provisions of this Agreement, the Administrator shall so notify the claimant in writing." I hope that helps answer your question. =])
Plus, no one is saying they cannot complete their tasks sooner than the settlement required time-frame, only that (without court approval for an extension) they have to finish on and by the dates set forth in the settlement. =])
Folks, Feb.15-March 7 is the key period. Drowning GCG in calls and letters before the end of the payout period will do no one any good, and, in my opinion, could hinder the payout process.
Also, many people are forgetting that the court orders call for the process to be completed within 90 day. That does not mean the full 90days, especially when the CA completed its process far short of the 90 days timeline. Lets say, for examp[e, the CA completed the processing in 60 days from Nov. 15, that would make the second part of the process to begin
I don't know about a Facebook posting, but the court posting requirement called for information regarding the classaction lawsut to be posted in various Burger King establishment as well as ADA papers in california. That was done several weeks prior to the October 26 court meeting.
Now given that before I became totally and permanently disabled, I worked as a legal secretary w/paralegal duties and before that I was a deputy sheriff, I am used to the rambling wordings of legal documents. I also tend to still write in such fashion as that is how I was paid to write; legal documents, not an English Essay for grading so bear with me. . .
LOL wink wink wink ;)
That said, having read the settlement agreement and other case documents, in a nutshell it is said that the claim forms were due by 11/15/12. If the Claims Administrator (further referred to herein as CA) found a form incomplete or not signed, they returned it to claimant(furthe r referred to herein as C) and the C had 30 days from date the form was mailed by CA back to the C to have it back to the CA. If they didn't the C's claim would be denied.
If a claim was disputed and the CA did not see proof that the C had a documented and valid limitation of mobility then the CA could send a notice to the C for the C to provide within 30 days of date on the notice to the CA verification of the limitation of mobility. The C also had to right to submit additional proof of limited mobility to the CA within the 30 day period. If this was not done by the C, the CA could reject the claim.
If a claim was rejected, the CA is to notify the C. There is no time frame in which the CA has to notify the C of rejection of their claim.
The CA has until 90 days from 11/15/12 to complete its reviews of all claims and issue determination of which claims are in fact valid. This date would be February 13, 2013. Once a claim is determined, it is final and you can't appeal it if rejected. Nowhere in the settlement agreement does it say working days.
By February 23, 2013 (10 days from the 90 days after the filing claim deadline) the CA has to provide to the Class Counsel (further referred to herein as CC) a list of all relative personal information of valid C's and the amount each C is to receive as well as the info of the C's with rejected claims.
By March 5, 2013, (20 days from the 90 days after the filing claim deadline) the CA has to mail to the valid C's their pro rate portion of the settlement funds and tax forms (10-99) via certified mail and a return receipt will be sent to the CA to verify the C received the funds and tax forms (10-99).
Nowhere with the settlement agreement does it say the CA can request additional information, but then again, nowhere within does it say it cannot. So long as it is done but the 90 day deadline, they can request and accept additional documentation to support the validation of a claim.
Time is ticking down; it will be interesting to see the end result.
Excerpts from official court documents in respect to the number of claims filed up until October 27, 2012.
Case3:11-cv-00667-WHA Document238 Filed10/29/12
ORDER GRANTING MOTION FOR
FINAL APPROVAL OF CLASS
SETTLEMENT; MOTION FOR AN
AWARD OF ATTORNEY’S FEES
AND COSTS
"The class administrator reported that, as of October 11, 620 individuals had submitted
claim forms to recover damages."
"At the final fairness hearing, class counsel stated
that as of October 22, 677 individuals have submitted claim forms to recover damages."
If there were thousands of claims filed, they must have come in a two week window (Oct.22-Nov.15) . It is obsurbe to believe that Thousands of claims were received during that time. If someone knows how many, let them prove it.
(Editor's note, I updated Chad's post. Unsubstantiated numbers will be REMOVED. Show a link to a court filing or other official source supporting any numbers claimed and we'll won't delete the comment.)
As for the number of claims, I do not know, I did not ask but I know my claim number is in the high 1500's. What is the ballpark of others claim numbers (though I am sure just because there were over 1500 claims submitted, that does not mean there are that many valid claims).
And I have to agree, I do not understand what Chad was saying either other than I think he feels we are impatient as the consumers folks with De Beers claims haven't seen a dime yet and probably won't for a while, if at all. But most fail to realize the BK settlement has it written right into the settlement when the disbursements and tax forms have to be sent by where the De Beers settlement makes no time frame mention at all.
Me, I am patiently yet anxiously waiting the middle of the month ;)
Number of Claimants:
Circa July 15, 2012 GCG began accepting Claim forms.
(EDITORS NOTE # of Claims REMOVED from this post because it's all SUPPOSITION. No court documents support these numbers and our sources state there were THOUSANDS of claims, not hundreds. Don't post numbers that can't be substantiated by court documents.)
Fact: The December 18th Deficiency Notices are an indication that the Claims process would have been completed on or before the 12/19 defiency date. By sending out the Deficiency Notices, GCG thus extended the claims processing another 30 days. (Note: Dwight makes a cogent claim)
Why all this? Read below:
The following is the reason why GCG is putting you through all this nonsense. Read it and absorb it. It points out the reason why some and not everyone are requested to send in proof of disability.
4. The Court hereby awards to plaintiffs’ counsel attorney’s fees of $4,592,305.81 and
$230,776.77 in litigation costs and expenses, to be paid from the settlement fund. Plaintiffs’
counsel shall be awarded the $230,776.77 as well as 50 percent of the attorney’s fees now; the
remaining 50 percent may be recovered only after counsel certifies that the fund is completely wound up. If problems do arise and if management of this fund so necessitates, any shortfall in
funds to pay class members may be deducted from the unpaid attorney’s fees.
By making available about $2,250,000 of the lawyers fees to the management of the $14,000,000 set asside to pay we the claimants, the total availble is $16,250,000. Quite frankly, the lawyers don't want you to have their 2,5 million dollars and GCG is going to make sure you don't get it.
(EDITOR'S NOTE - It's in Counsel's best interest to make sure everyone is paid as quickly as possible. The faster YOU get paid, the faster they'll get the rest of their fee. There's no conspiracy to screw people out of money. They don't make MORE money by paying less people. In fact, the bigger the consumer award, the more they make. They're motivated to make your payment as high as possible.
The truth of the matter is that there were so many claims, and so many claims that may be fraudulent, processing took much longer than anticipated. Keep in mind folks, this is one of the biggest individual consumer payouts of the year, so BE PATIENT. If you're one of the lucky few who qualifies for a payment you should be CELEBRATING, not BERATING. There are no appeals holding up payment, it will come, just be patient. Once we receive confirmation payments are going out we'll post an update. Please keep it positive, those who qualify will likely get thousands of dollars. If that's not a reason to celebrate I don't know what is!)
I'm not sure they probably didn't want to spend the extra money. Maybe if they had an actual website they would have been flooded with way too many claims.
back on topic:
Anyone know why the actual website for the issue never seemed to work? (I suppose they didn't want to have to spend money on internet fees....)
I say to each his own and if you are lucky enough to be able to provide some of your funds to the less fortunate, that is awesome.
We should stop calling people liars and mean spirited and take what is written here with a grain of salt. We are all in this together. We are all looking to be compensated. Let's be civil.
EDITORS NOTE- I deleted a number of comments from people I think are just raising Caine. If you post similar comments that i can confirm are from the same person (I see more info than just your name) i will remove them. Email me a photo of the check (Scott.hardy
again, need proof sent to Scott, somehow I tend to believe Jim and mike are Ted....
NO ONE posting on this forum is better informed that Scott Hardy on this matter. Just in the course of going about his business, I'm sure he has contacts with GCG that would enable him to have insight that enables him to make calls on deleting comments when he thinks it's warranted. Scott did'nt call you a liar,I did......he just deleted your comment because because your comments could not be proven. For you to respond to being called on your behavior by saying GCG gave you false information is laughable. Tut, there are people who really need this settlement money, they are hanging on every comment made about the class action. For you or anyone else to knowingly put out statements about this matter that can not be verified as factual just is'nt cool. I'm glad Scott did what he did to your post.
Just based on what is in the final settlement papers, we're not far from the complete resolution of this matter. For those who have helped the rest of us out with their valid opinions, thanks veery much. For those of you who have used this forum to spread misinformation, I think it's become clear that your juvenile antics have been brought to heel.
(ver·i·fy: Make sure or demonstrate that (something) is true, accurate, or justified. val·id: 1. Actually supporting the intended point or claim; acceptable as cogent: "a valid criticism". 2. Legally binding due to having been executed in compliance with the law.)
But you all have fun bantering over it all; I am going to go enjoy the weekend. =])
I myself submitted doctors verification of my limited mobility and was told my claim was accepted and proper so now I am waiting for the time period to pass to see what occurs. it will be interesting, as is reading all these posts. =])
Dear Lagarall,
Thank you for your email.
To better assist you, please contact us at 1-888-404-8013 Mon-Fri 8:30am - 5pm PST.
Sincerely,
Settlement Administrator (CJ)
(According to counting # of weeks from 11/15/12 times 7 plus adding days to get 90 days and then the additional 20 days)This calculation puts the date of mailing to be February, 27, 2013. and determination of claims to be February 6, 2013. They have be be in compliance with the time frame of the court order, that I know.
Thanks for looking out.
By the way he was very rude, it was like pulling teeth.
PS.
As far as the payout goes, I'll stick with my 12/31 prediction $4,000-$5,000 per visit).
Anyhow, Until the total amount of visits is made public ( not happening) no one will know the specifics to make a close estimate. All I was doing was explaining to John12 the example so he could see it will not be $20k and it is not $20k plus the divided visits amounts.
"9.5.2.1 By way of example, if (a) the Net Settlement Fund is $14 million; (b) there are 1500 Eligible Claimants, and (c) the sum of all Qualifying Visits for all Eligible
Claimants (with no single class member eligible for more than six visits) is 4500, then the amount that an Eligible Claimant would recover for a Qualifying Visit would be ($14 million / 4500), or $3,111.11 per Qualifying Visit. Under this scenario, an Eligible Claimant seeking recovery for one Qualifying Visit would receive $3,111.11, and an Eligible Claimant seeking recovery for six or more
Qualifying Visits would receive $18,666.67." The article you read is pure speculation; and without knowing the total of valid claims and total of valid visits, there is no telling the amount to be received by any one.
source: http://www.impactlitigation.com/2012/11/19/vallabhapurapu-v-burger-king-19-million-ada-settlement-approved-average-award-of-over-20k-per-class-member/
Thank you very much for your efforts to stop the spread of misinformation on this class action that means a great deal to many of us. You are the only person with the wherewithal to deal with those who seem to get a kick out of scaring people, and the time you are spending and effort you are putting forth has not gone unnoticed.
I guess you found out who is not an imposter on this site, he just had to edit your post for you to get the message.
Also, please improve up your spelling....you can start with the correct spelling of peace (not 'piece').
Editor's Note - Brunson, I edited your comment so you KNOW I'm really Scott (Scott Hardy, President and Founder of Top Class Actions.) I have confirmed that all checks should be sent out by the end of March. I'm monitoring the comments on this settlement closely because of all the disinformation posted by troublemakers. Anything false I'm deleting. Thanks for posting a comment!
Editor's Note - Nice catch Mel! I already deleted his comment. - Scott
(EDITOR's NOTE) Ed, you are correct. I'm deleting his comments. - Scott Hardy
(Editor's Note) Anyone intentionally listing incorrect information will have their comment deleted. Keep on coming 108.240.13.83 and we'll ban you completely.
-Scott Hardy
Peace be with you.
Here is the written facts about what I previously stated: The following is verbatim of what the court said about the fee distribution:
4. The Court hereby awards to plaintiffs’ counsel attorney’s fees of $4,592,305.81 and
$230,776.77 in litigation costs and expenses, to be paid from the settlement fund. Plaintiffs’
counsel shall be awarded the $230,776.77 as well as 50 percent of the attorney’s fees now; the
remaining 50 percent may be recovered only after counsel certifies that the fund is completely wound up. If problems do arise and if management of this fund so necessitates, any shortfall in
funds to pay class members may be deducted from the unpaid attorney’s fees.
As for Scott Hardy, I believe he is just like Ted- a made up individuals to spread falsehoods and deception. If this gets back to the defense, oboy!!!
p.s. Like Ted , Scott Hardy, I am not Brenson, but I will not make false comments or crude assumptions to others regarding this case.
If you don't get your check.....Get yourself a lawyer and sue them all.
Let us know when they start arriving!
Thanks,
Scott Hardy
President & Founder of Top Class Actions
Take that money and put it you know where. An investigation is warranted, I use a wheelchair since I was young and I dont need their money. GIve it to the greedy lawyers. Thank you BURger King for Nothing
I am just curious........ ..but then again, who am I to ask.
FYI everyone, I reached out to my contacts at GCG today to see if I can get an "official" update. I'll let you know.
Thanks,
Scott Hardy
President & Founder of Top Class Actions
Folks, please disregard any posts from Ted.
Ted-You are an idiot. You are not the GCG General Manager, and judging by the nature of your posts, you're a sick turd with way too much time on your hands. Instead of trying to rile up some claimants who might not be familiar with the claims process, you should crawl under a rock and stay there...and have your mother get your application for SSI in too, your mental problems would surely qualify you for a mothly check.
havent received the verification claims in the mail until
January 18,2013. All claims must be paid with in 90 days plus 20 more, so there are no stipulations in court
order and the hippa law requires authorization of anyone's medical record before releasing any information on anyones personal records. All clams must b paid with in 90 day court order and all claims not
just some of them. GCG is not doctors and hurry the process so these people who have been violated and discriminated be paid in due justice without all this unjustice and bickering.
hmm cuck and ted.,,, = whos telling the truth?
His major lie is the payment amounts will range from the smallest to largest check being 6x the amount. For ex: smallest ck $1000, largest $6000.
I can't believe people waste life telling lies.
I mean, reading your messages, it seems like u know more than we ALL do, so why not just write it all out, you know to make it easier for all of us who have questions/doubt s/confusion. That way, YOU, as "mister know it all", can just clear our heads of questions and not bother you as you seem to be alredy.
Thanks!
go ahead, spill the beans Chucky Cheese.
Brunson-Read the language of the settlement. It clearly states that the funds are to be paid out within 20 days of the end of the 90 day waiting period (the 90 day waiting period runs from November 15, 2012 to February 7, 2013). The last day of the 20 day waiting period is March 7, 2013. If you don't accept what I'm saying, call one of the class counsels, I'm sure they can spell it out for you.
Lynn-The issues you reference can all be addressed by GCG, call them M/F,8am-6pm Pacific time.
not 1000.
plz infm.
http://www.foxrob.com/wp-content/uploads/2012/10/2012-10-29-238-Order-Granting-Final-Approval.pdf
anyone?
... any updates?..
Thank you for taking the time to offer your insight on this matter. As I realize you've noticed, this has turned into a matter of great interest on this message board. I am in agreement with you that GCG is exercising due dilegence in this matter. This approach is understood, as the ultimate payouts will be considerable.
Best-
Chuckie
This is Scott Hardy, I'm the President of Top Class Actions. I wanted to address a few things. The comments weren't deleted by GCG. We are in NO WAY affiliated with any settlement administrator. Occasionally they pay us to post a settlement but we don't get paid for 99% of the settlements you see here. We (Top Class Actions) only delete comments if they're offensive. In this case comments were lost during a major server upgrade on the 27th so any comments posted on the 26th or 27th may have been deleted during the transition. I'm sorry about that. It had to do with the content syncing between two servers before we made the new server "live" and comments were lost across the site. This settlement wasn't the only one impacted. I try to guard against stuff like this but unfortunately it happens.
Just to reiterate, we weren't paid to post this settlement and Top Class Actions is not owned in whole or in part by ANY settlement administrator.
Remember, this is a great place to speak with each other, get feedback on who is submitting claims and how, and also to puzzle out when claims are paid out. Because we aren't connected to any settlement administrator we rely on YOU, our viewers, for many of the updates. Once we read comments about them we may verify them with the settlement administrator or counsel in the case but we can't proactively track every one since we're not paid to do so. I don't charge consumers to access this site and don't plan to ever do so.
I hope this helps! Remember we are NOT a settlement administrator and you must go through them for any updates regarding your claim. Garden City Group has a lot of good people who work there so be patient. They really do want to make sure everyone who has a valid claim gets paid. They just have to do their due diligence so that everyone who qualifies gets a check and those that don't aren't paid (and don't take money away from those who truly are qualified to receive payment.)
Good luck! I hope everyone who is qualified gets paid! Please make sure to post here once you get a check! Feel free to email me a photo of it and I'll get the article updated with the picture (taking out your personal information and the checking account number if you don't before you send it.) I'm Scott dot Hardy at Top Class Actions . c 0 m. You'll find my email address at the end of every newsletter as well.
Good luck in your claims! Thanks for making a settlement I didn't think would get much following into one that's been VERY interesting to follow!
Warm Regards,
Scott
President and Founder of Top Class Actions
wheres all the comments.. i was hoping for an update.. :-/
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