IT HAS been a year since Kenneth Feinberg took over the task of administering BP oil spill claims.

As he marked the anniversary, Mr. Feinberg unveiled a new rule whose sole intent seems to be winnowing down the number of claimants. The rule requires businesses and individuals who want to keep getting interim payments to prove that they're making 5 percent more money this year than last.

"We want to at least see some economic growth over 2010 to show you're doing your best to improve your wage or business," he said.

We've got a better idea: Base the evaluation on whether people have a legitimate claim of loss -- and not on how hard they're working to grow the business or increase their pay in 2011.

Mr. Feinberg says the idea is to weed out the claims of those whose financial losses can't be blamed on BP, but were instead caused by other factors like the ailing economy or a poorly executed business plan.

Problem is, the 5-percent rule might not tell the whole story. For instance, what about a company that has scaled back considerably? In that case, it may or may not show a gain.

That's all right, says Mr. Feinberg. If claimants don't meet the new standard, they can always cash out -- that is, opt for a final review or a quick payment.

And here lies the heart of the matter. Mr. Feinberg raises the bar every few months, steering weary claimants toward the quick money in order to close out their cases. The not-so-subtle message here: Take it or leave it.

As the months drag on, many simply give up on a long-term claim and accept whatever they can get. In the current recessionary climate, the pressure to do so is even greater.

Greg Kennedy, part-owner of Waves Shopping Center in Gulf Shores, Ala., said the claims filed by him and his partners have all been denied. He puts it this way: "What they're trying to do is wear you down, so you'll just give up."

Who wins under this scenario? BP does.

In the meantime, Mr. Feinberg gets to tout the amount of money given out by the Gulf Coast Claims Facility. (That's more than $5 billion to businesses and workers, with $387 million going to Mississippi and $863 million going to Alabama.)

He says 97 percent of the nearly 1 million claims have been processed.

That would be a great and wonderful thing -- if everyone on the Gulf Coast had been made whole. But sadly, that is not the case.

Rather, the focus for the Claims Facility and Mr. Feinberg seems to be tying up all the loose ends and calling it a year.