Representatives of the Federation of Southern Cooperatives meet with Tom Vilsack, Secretary of Agriculture, in December, 2011 in Washington, D. C. to discuss the 2012 Farm Bill and the claims process in the Pigford II Black Farmer law suit

 

By: John Zippert,

Co-Publisher

 The first six weeks of the 180 day claim period in the Pigford II – Black Farmers Class Action Discrimination Lawsuit have just been completed. May 11, 2012 is the final day for Black farmers to make a claim in this case.

The Pigford II claims process is for Black farmers who made a “late” claim in the original case by the deadline of September 30, 2000. Other farmers who have proof they made a request for a late claim between September 30, 2000 and June 18, 2008, may be able to file a “late-late” claim in the Pigford II case.

The claims facilitator in Portland Oregon, EPIQ, has a list of all persons who met the original “late claim deadline” of September 30, 2000 and has been sending them an individualized, bar-coded claim form, to use in making their claim.

Farmers who have not received a claim form should contact the facilitator at 877-810-8110, to request their individualized claim form. Many farmers have changed their addresses in the decade since 2000 which is why they may not have received a form.

Other farmers did not officially make a late claim petition and therefore are not included on this list. If you are not on the list you must have some kind of evidence that you did request a late claim between September 2000 and June 2008 or you will not be included in the class of claimants for this lawsuit.

Once a Black farmer receives his or her claim form, it is recommended that you contact the lawyers through the same phone number-877-810-8110 -  to make an appointment to fill out your claim.

Claim Form Process

You can fill out your own claim if you wish and you can get help from community advocates like the staff of the Federation and other Black farmers groups. Do not pay anyone to fill out your form. The Class Counsel has agreed to provide lawyers at no cost to fill out these forms. If someone offers to charge you to get into the case, fill out forms, or help in other ways for payment – please report them to Class Counsel or community organizations.

The claim form asks the farmer a set of questions about the years they farmed (this lawsuit applies to the period 1981 to 1996); the size and location of their farm or farms; the crops and or livestock they raised or intended to raise; the USDA loan(s) or other services they were seeking; the discriminatory treatment they received from USDA; and whether they complained about their treatment and to whom.

“Many farmers are under the impression that they have already made a claim”, said Ralph Paige, Executive Director of the Federation of Southern Cooperatives. “This is not the case. We have been fighting for ten years for late claimants to have their cases heard on their merits. Farmers will now get that chance and have the opportunity to make their case on their claim form. Our staff will be available to advise and assist people in this process.”

Since there is a finite sum of money for the settlement, $1.25 billion, which must be used to pay all legal, notice and administrative expenses of the settlement, as well as pay the farmers, the Judge has ruled that no funds will be distributed until after the 180 day claims period and the evaluation of all claims. This means that funds will not be distributed until late in 2012 or early in 2013.

Ralph Paige also indicated that there are many farmers who paid people and organizations to get into the lawsuit. “We feel many of these people will be disappointed to learn that their late claim petitions or paperwork they filled out were not turned in to the correct and official offices in this case.”

“Farmers should be warned not to pay people who say that they can get you a claim form or get you into the case if you have not filed anything up to this time. You should report those people to the lawyers in the case so they can be prosecuted for fraud, “ said Paige.

Paige indicated, “Many people have given up, others have died in the process, but this is another milestone on the long road to justice for discrimination by USDA against Black farmers.”

For more information on the Pigford II settlement from the Federation, contact 205/652-9676 or see their website: www.federation.coop.