CLAIM SUMMARY/DETERMINATION FORM

Claim Number N10036-1630

Claimant Ashley Ford

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earning Capacity

Amount Requested $56,000.00

FACTS 

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater 

Horizon) exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil 

was discharged. The Coast Guard designated the source of the discharge and identified BP as a 

responsible party (RP). BP accepted the designation and advertised its OPA claims process. On 

23 August 2010, the Gulf Coast Claims Facility (GCCF) began accepting and adjudicating 

certain individual and business claims on behalf of BP.

CLAIM AND CLAIMANT

On 5 January 2012, Ms. Ashley Ford (the Claimant) presented a claim to the Oil Spill Liability 

Trust Fund (OSLTF) seeking $56,000.00 in loss of profits damages allegedly resulting from the 

Deepwater Horizon oil spill.

1

At the time of the Deepwater Horizon oil spill, the Claimant alleged to have been working as a 

stylist at The Shores Salon of Destin.2 The Claimant alleged that she had been working at the 

salon since 2008.3 The Claimant provided signed tax returns confirming her employment at the 

salon in 2009, and indicating that in that year, she earned profits of $43,550.00.4

 The Claimant 

also provided a notarized letter, signed by the alleged owner of the salon, stating that the salon 

had closed following the Deepwater Horizon oil spill, causing the Claimant to lose her position.5

The notarized letter stated, “[t]his letter is to confirm that your position as a stylist is being 

eliminated as a result of the Deepwater Horizon Incident on April 20, 2010.”6

 

The Claimant seeks $56,000.00 from the OSLTF in income lost due to the loss of her position 

following the closure of the salon, allegedly caused by the Deepwater Horizon oil spill.7

APPLICABLE LAW 

Under the Oil Pollution Act of 1990 (OPA), at 33 U.S.C. § 2702(a), responsible parties are liable 

for removal costs and damages resulting from the discharge of oil into or upon the navigable 

waters or adjoining shorelines or the exclusive economic zone, as described in § 2702(b) of 

OPA. 

The OSLTF which is administered by the NPFC, is available, pursuant to 33 U.S.C. § 2712(a)(4) 

and § 2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136, to pay claims 

1 Optional OSLTF Claim Form, received on 5 January 2012. 

2 2009 Schedule C (Form 1040).

3 PHONECON: NPFC Staff and the Claimant, 6 January 2012. 4 2009 Schedule C (Form 1040).

5 Notarized letter from the Shore Salon of Destin, dated 26 April 2010.

6 Notarized letter from the Shore Salon of Destin, dated 26 April 2010.

7 Optional OSLTF Claim Form, received on 5 January 2012.

 
for uncompensated damages. One type of damages available pursuant to 33 C.F.R. § 136.231 is 

a claim for loss of profits or impairment of earning capacity due to injury to or destruction of 

natural resources.

Under 33 C.F.R. § 136.233 a claimant must establish the following:

(a) That real or personal property or natural resources have been injured, destroyed, or lost.

(b) That the claimant’s income was reduced as a consequence of injury to, destruction of, or 

loss of property or natural resources, and the amount of that reduction.

(c) The amount of the claimant’s profits or earnings in comparable periods and during the 

period when the claimed loss or impairment was suffered, as established by income tax 

returns, financial statements, and similar documents. In addition, comparative figures for 

profits or earnings for the same or similar activities outside of the area affected by the 

incident also must be established.

(d) Whether alternative employment or business was available and undertaken and, if so, the 

amount of income received. All income that a claimant received as a result of the 

incident must be clearly indicated and any saved overhead and other normal expenses not 

incurred as a result of the incident must be established. 

Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), the claimant bears the burden of providing to 

the NPFC, all evidence, information, and documentation deemed necessary by the Director, 

NPFC, to support the claim. 

Under 33 C.F.R. § 136.235, the amount of compensation allowable for a claim involving loss of 

profits or impairment of earning capacity is limited to the actual net reduction or loss of earnings 

or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments 

for—

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertake, but reasonably 

available;

(d) Any saved overhead or normal expenses not incurred as a result of the incident; and

(e) State, local, and Federal taxes.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support this claim, the Claimant submitted the following documentation:

• Optional OSLTF Claim Form, received on 5 January 2012;

• 2009 Form 1040, showing adjusted gross income of $40,473.00;

• 2009 Schedule C (Form 1040) showing gross sales of $57,450 and net profit of 

$43,550.00;

• 2010 Form 1040, showing adjusted gross income of $26,881.00;

• 2010 Schedule C (Form 1040) showing gross sales of $37,900.00 and net profit of 

$28,925.00;

• Letter from the Claimant to the NPFC, describing losses, 5 December 2011;

• Notarized letter from the Shore Salon of Destin, dated 26 April 2010;

• BBC News, Gulf of Mexico oil spill, 5 May 2010;
• Fax Cover Sheet, 4 January 2012.

Prior to presentment of this claim to the NPFC, the Claimant submitted an Emergency Advance 

Payment (EAP) claim to the RP/GCCF, seeking loss of earnings or profits damages. The 

Claimant was assigned Claimant ID # 3304152 and the EAP claim was assigned Claim # 

362738.8

 This claim was paid in the amount of $26,000.00 on 22 November 2010.9

The Claimant also submitted a Quick Pay final payment claim. The Quick Pay was assigned 

Claim # 9298775 was paid by the RP/GCCF.10 In a letter dated 16 February 2011, the RP/GCCF 

reclassified the claimant as a “business claimant” for the purposes of Quick Pay payment.11

Information available to the NPFC therefore indicates that the Claimant has been paid a total of 

$26,000.00 plus the undetermined Quick Pay final payment amount.12

On 5 January 2012, the Claimant submitted this claim to the NPFC, seeking loss of profits 

damages in the amount of $56,000.00.13 The NPFC may adjudicate this claim to the extent that 

the damages now before the NPFC were first presented to the RP/GCCF. Any damage amount 

now before the NPFC, which exceeds the amount presented to the RP/GCCF, is denied for 

improper presentment. 14

NPFC Determination

Under 33 U.S.C. § 2702(b)(2)(E) and 33 C.F.R. Part 136, a claimant must prove that any loss of 

income was due to injury, destruction or loss of real or personal property or of a natural resource 

as a result of a discharge or substantial threat of a discharge of oil. Under 33 C.F.R. § 136.105(a) 

and § 136.105(e)(6), the claimant bears the burden of providing to the NPFC all evidence, 

information, and documentation deemed necessary by the Director, NPFC, to support this claim.

This claim is denied because (1) the Claimant has materially misrepresented substantial elements 

of this claim in an attempt to secure funds from the Federal Government, and (2) the Claimant 

has accepted a Quick Pay final payment, waiving and releasing all rights regarding this injury to 

the RP/GCCF.

1. Material Misrepresentation.

In attempting to verify alleged damages presented in this claim, the NPFC contacted the salon 

where the Claimant alleged to have been employed. In a conversation with the NPFC, the 

Claimant stated that she had worked at the salon since 2008.15 However, the owner of the salon 

indicated that she had owned the salon for 18 years, and did not know the Claimant.16 

Furthermore, the owner confirmed that the person who had provided the letter in the Claimant’s 

submission was not the owner of the salon.17 Additionally contrary to the information contained 

8 GCCF Claimant Status, accessed on 6 January 2012.

9 GCCF Notice of Determination, Emergency Advance Payment, 22 November 2011.

10 GCCF Claimant Status, accessed on 6 January 2012. 11 GCCF Claimant Status, accessed on 6 January 2012. 12 GCCF Claimant Status, accessed on 6 January 2012. 13 Optional OSLTF Claim form, received on 5 January 2012. 14 33 C.F.R. § 136.103(a). 15 PHONECON: NPFC Staff and the Claimant, 6 January 2012. 16 Email from the salon to the NPFC, 6 January 2012. 17 Email from the salon to the NPFC, 6 January 2012.

 
in the notarized letter provided by the Claimant, the salon did not close following the oil spill and 

remains in business.18 

Furthermore, signed federal tax returns presented by the Claimant, prepared by Clarks Mobile 

Tax Agency, LLC appear to contain inaccurate information. The NPFC attempted to contact two 

phone numbers listed for the tax agency, but both were disconnected.19 

Under 33 C.F.R. § 136.9, persons submitting false claims, or making false statements in 

connection with claims under this part, may be subject to prosecution under Federal law, 

including, but not limited to 18 U.S.C. § 287 and 1001. In addition, persons submitting written 

documentation in support of claims under this part, which they know or should know, is false 

may be subject to civil penalty for each claim. 

2. Release of Rights to the RP/GCCF.

Additionally, information available to the NPFC indicates that the Claimant has received an 

Emergency Advance Payment totaling $26,000.00 and Quick Pay final payment for an unknown 

amount.20 The RP/GCCF requires that a Claimant execute a Release and Covenant Not to Sue in

return for a Quick Pay final payment.21 Because the Claimant has accepted a Quick Pay final 

payment, the Claimant has likely released any rights to additional recovery regarding this injury 

to the RP/GCCF.22

Any payment from the Oil Spill Liability Trust Fund (the Fund) requires the acquisition of rights 

from the RP. If these rights have been released by the Claimant to the RP/GCCF, the Claimant 

cannot also recover from the Fund.

This claim is denied because (1) the Claimant has materially misrepresented substantial elements 

of this claim in order to try to obtain funds from the Federal Government under false pretenses, 

and (2) the Claimant has accepted a Quick Pay final payment, releasing all rights regarding this 

injury to the RP/GCCF. 

Claim Supervisor: NPFC Claims Adjudication Division

Date of Supervisor’s Review: 1/11/12

Supervisor’s Action: Denial approved

Supervisor’s Comments:

18 PHONECON: NPFC Staff and salon staff, 6 January 2012. 19 Clarks Mobile Tax Agency, LLC: 850-200-0334; 850-855-1087. 20 Letter from the GCCF to the Claimant, dated 15 February 2011, available via GCCF Claimant Status, accessed on 

6 January 2012..

21 Letter from the GCCF to the Claimant, dated 15 February 2011, available via GCCF Claimant Status, accessed on 

6 January 2012.

22 A letter from the GCCF to the Claimant, dated 15 February 2011, states that “You must fill out this form and sign 

both the Acknowledgement and the Release and Covenant Not to Sue [in order to receive final payment].” The 

GCCF Claimant Status indicates that the Claimant has received Quick Pay payment, indicating that the Claimant has 

executed a Release and Covenant Not to Sue. Accessed 6 January 2012.