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Claim Denial Letters Sent in Burger King Wheelchair Access Settlement
By Kimberly Mirando
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!
Top Class Actions has just learned that claim denial letters are being sent to some Class Members who participated in the Burger King Wheelchair Access Class Action Settlement reached in October. This will disappoint a lot of people who were expecting to receive a check for thousands of dollars, but we’ve learned the Settlement Administrator received a lot of fraudulent claims based on the high payout. Class Members who did not submit documents supporting their claim have been denied.
The Burger King wheelchair access settlement resolves a 2011 class action lawsuit, titled Vallabhapurapu, et al v. Burger King Corporation, that alleged 86 Burger King restaurants in California currently have or once had barriers to customers who use wheelchairs or scooters. Burger King agreed to pay Class Members who could prove they use a wheelchair or scooter for mobility and encountered access problems at these Burger King restaurants over $8,200 each.
Apparently the high class action settlement award attracted fraudulent submissions from a number of people. As a result, the Settlement Administrator mailed Class Members who submitted unsupported claims a Notice of Deficiency stating they had to submit proof that adequately demonstrates they have a mobility impairment that required use of wheelchair or scooter. Those who didn’t respond to the Notice had their claims denied.
The case is Vallabhapurapu, et al v. Burger King Corporation, Case No. C-11-00667-WHA (JSC), U.S. District Court, Northern District of California, San Francisco Division.
Updated March 12th, 2013
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77 thoughts onClaim Denial Letters Sent in Burger King Wheelchair Access Settlement
Are they still sending out NOR letters diane or they are done and getting ready to send out the checks?
Just saying,I would re-send Verification, 1.Copy of Deficiency letter 2.Verification.3.Copy of Ur Notice of Final Claim Determination, at the bottom of that Letter WRITE why U fill they should re verify Ur Claim, due to you did include Ur phone # and or email address on the Claim Form and was not notified during there verifying process to help either call ur Doctor or Medical Supply places n have these places help with verification of ur Documents. Remember they had from due date which was 01/18/2013 to 02/22/2013 which was final letters to contact U. Try that before trying to go to the courts and hold up any Moneys due. The end of the Final Determination letter states in writing any questions about this letter write to address above. Make sure to add claim# to all Documents Sent,(keep copies off all sent Docs) send CERTIFIED Mail. I hope this helps.
wait, no, it is not in the mail yet for sure if all I already said is true. They until 3/5/13 to mail the checks and related tax documents
jennell, if you do not have a letter by tomorrow and you know for sure your claim form was accepted, then ya, probably. at least. that is what I gather from this and other board and talking with GCG employees.
I have not received a denial letter does that mean my check is in the mail?
Kimberly Mirando: you wrote:”Those who didn’t respond to the Notice had their claims denied.” But shouldn’t you have actually written: ‘Those who didn’t respond to the Notice at all, or those who did, but with the type of documents that GCG could not find sufficient information of verification which GCG could then properly validate had their claims denied.’ (or in laymen’s terms, in which I am unable to write) ;) other than that, well written. =])
GCG is saying that people where denied due to fraud. well now you have to wonder if you are on a list at GCG for filing a fraudulent claims. you may never get a settlement from GCG ever again cause according to GCG you file false claims
So If someone never received any letter of deficiency or anything since they mailed in their claim form what does that mean. It has been varified that they received the claim form.
this is bull…. it was confirmed that they never even called to verify my information… I sent them a dr. letter stating I use a wheelchair and also the receipt of my wheel chair purchase and they never called my dr. or the medical equipment supplier… Im going to look further into this matter by contacting the attorney’s and the judge in this matter..
Not all people are frauds, I submitted my claim info ..and still was denied