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Tuesday, April 26, 2011

Violations of civil rights page 36: How to comply with 12 judges and 2 hearing officers at owcp?

US Department of Labor
525 S Griffin St. Room 100
Dallas, TX 75202
Attn: Christina Stark Regional office manager:
       Received your letter and you seem unaware of the volume that was faxed to your office over the last few weeks since one of your employees said it was OK to do so. The first letter was the reconsideration that stated your office had not done anything judges and hearing officers ordered. sending files to ACS-Xerox in London has been done and redone and you never get the files set up as other claimants files. I need the money to keep on spending money on ink and postage that only results in the files not set up so they can be worked.  That's why I filed the civil rights non compliance contract against ACS-Xerox and also listed Medicare coordination of Benefits that routinely breaks their contract agreement and alters the official posting from the US DEPT OF LABOR that shows PERMANENT MEDICAL BENEFITS. there has been a decade old glitch that posts as of the first date of entitlement to Part A Medicare which was in 97, since I tried to work at great physical harm and only made the injures more permanent according to the latest research that has just been published  by researchers. I wasn't the one that riffled my file back in '98  so that my owcp and life could be done away with and a billionaire could renew a lease on the work site at 2 journal Square 9TH floor, jersey City NJ SSA-Teleservice center where I was initially injured and OWCP signed me out of in late '89; a lease that did not meet basic fire safety codes for a federal employee or anyone else to be in since there was no stairway to walk down in case of fires since they were locked at all times and one relied on a few members of management to be able to get to them to unlock a door for escape. Lies, gossip, rumor have been floated at great physical and financial expense to me. many of the documents that I've faxed recently had to do with damages and retaliation for what has occurred.
In 2/09, the ECAB judges set aside the wrong info that i hadn't returned to work in 1990 for SSA region II when I did. its not my fault that HHS-SSA refused to complete the necessary paperwork and didn't seem to know I was out getting OWCP wage loss. These are crimes against me and my files. The written, promised reasonable accommodation wasn't complied with either and put me in a continual life-threatening  situation. That's what the 'missing' medicals' show. When the file is finally put together so it can be worked, the civil damages are greater from what the continual and felony disappearance of my files since 1990 shows. That's the first time, a claims examiner in Philadelphia's office noticed part of the file had disappeared.
I was informed a few years ago by paralegals in the US attorney's office that my blood and skin samples are key evidence against a ' John Doe" which would be a multiple murder charge now. No witness protection for an injured Federal worker either, when high level people wouldn't ant me to live to testify.
Testimony in Congress was that ACS-XErox is responsible to set up all claims files in a manner so they can be worked. This has never occurred. they have set up some kind of a ' dummy' offline file but it seems to not be available for anyone to read. If a reconstruction is posted for date of reconstruction then a CA-1 file in 2004 would post at the date of reconstruction even though a certified mail proof was attached to show the date received. Also, they are offline of the official US Dept of labor computer file that the judges have had access to and you don't. That's why, as ACS managers have said: they aren't inputting any oxygen claims that have been submitted from suppliers or me over the years as they would be paid as approved under the emergency medical law passed in the 1980's to prevent abuses of power and intentional obstruction of medical care that can be  and was life threatening to multiple federal employees then. Dr. Sabangan knew this and argued on my behalf back in 2002; only to be lied to and told it meant I had no medical coverage at all from any source( even Medicare and Federal Blue Cross/Blue Shield ) and could only be treated in an emergency room. At the time, I didn't know ACS had taken over and he seemed to not be aware that he wasn't talking with any US Dept of Labor employees. This is so common for contractors to ' impersonate' federal employees and should stop it. Even, one gentleman that answered you phone in your office was unaware that London Ky address personnel was a private contractor and was shocked when I had to inform him they weren't.
A few months after receiving the 2/09 judges remand order: ( they acknowledged my attorney and sent him a copy; which you should be doing also-more evidence that you don't have my file set up  as that would be clearly shown) -I sent you a certified letter at the London Ky address to make arrangements to get my file reconstructed to carry out the judges' orders. there are item back to 1989 that have been remanded and remanded to be done plus the ca1's and ca2's ca2a's that many judges have sent back to have initial processing and these have to be addressed before any permanent disability can be discussed.
      When permanent disability involved internal organs, a full assessment can't be addressed separately as all are affected. Future medical care is dependent on each one doing its job in conjugation with the others.
For example, injured and weakened lungs affect the amount of cortisone steroids that's needed and  not enough can raise uric acid levels that affect kidneys and fluid back up in the heart, etc.... Took a year to get a nebulizer over everyone needing to know who will pay and its not paid for yet. Dr. Stocks prescribed a saline solution and using a cortisone steroid in it which is a method those receiving chemotherapy often use as I'm on the last Azmacort and the substitute  inhalants on the market have caused life threatening reactions. They are not for the kind of asthma, that has been accepted and I have.
This has been an impossible situation. Because there is an active owcp case, my part b premiums on Medicare disappeared out of cyber escrow when some new software was used to pay the $250 stimulus payment a couple of years ago. They didn't code active owcp case. And now I'm caught in the 6 year ' fight' between SSA and medicare as who can work somthing out, when reinstatement of temporary wage loss and withdrawal and repayment of temporary csr payments would solve it all as spousal SSA would be paid and premiums withheld from that back pay. Federal Blues is starting to pay but they should be sending reimbursement requests to owcp which they did and was ignored a few years ago.
ECAB had the civil service papers and knew that they were properly filed  for future withdrawal/revocation up on reinstatement. Fed blues is not 'tied to' the US Dept of Labor computer file, why  not?
I've lost doctors over the exasperation of their billing people getting sent in circles and I'm filing appeals to get out from under overpayment liabilities and its all happening because of the felony destruction of my paper file in the Dallas federal workers compensation office before ACS took over. My file was at ECAB then and the file had been further destroyed and the first decision wasn't favorable as every letter every document sent in by my attorney had ' disappeared' out of the file. The case was reopened and my attorney recognized, but you aren't. The file was reconstructed and ended up in London Ky ( 35000 pages) with judges clear instructions to work the case and items in file going back to 1989 that had never been processed. I've filed everything, timely and documented fully. yet that file ' left' the office never set up by ACS. The secretary of Labor's associate OK'd faxing to acs in Tallahassee on their 1-800 number to help ally costs of long distance charges. they boxed up the files and sent them to London Ky, and ACS still refused to set up the file. 
In 12/06 the Director of OWCP, Mr. Fitzgerald ' found some of the boxes' It was the 4 boxes I spent hundreds of dollars faxing the basic documents and proofs of timely filing to London Ky and they weren't posted but ended up in the custody of Mr Fitzgerald. I don't know where he found them? He sent the paper files to Dallas And Helen Robinson was able to locate more of the files out of the ' federal records center?" and started to work the case; only to have another claims examiner and Francis Mimelo the manager intervene and wrongly say; you didn't return to work in 1990 and back to ECAB we had to go and wait until 2/09 for another remand setting that aside and orders for you' all to ask me for the facts of the case. you won't accept them verbally and that means another file reconstruction. I have not sent the items you should already have; only the recent that was also sent to the 2 civil rights offices. I sent you multiple certified letters asking to make arrangements for a file reconstruction and what order you wanted it in, etc. Any contract would surely have  set some parameter for this to be done. 
I consider this retaliation for civil rights compliant filings to not make some kind of arrangement.  And questions by a recent Congressional committee wanting answers about the process. I don't have thousands of dollars to keep sending files that never get worked and never set up so they can be worked. I'm the victim of multiple crimes on this. And I'm pleading for my life and having to pay monies for medical care that is supposed to be paid for without question. If this isn't the original DEATH PANEL, what is and a  manager of Arkansas Blues, when they were our Fed Blues said that a past director of OPM ordered my death. Why me? I went to work one day, as I'd done for 20 years at SSA to do my job and ended up injured for life. The law is clear as to my rights in the matter, the claim was not controverted and one felony after another has been committed against me and my files. isn't it time to stop making me the 'precedent case' for ' how to get rid of an injured federal worker?'
I left phone messages for you and Theresa Davis. Please do not infer anything from them then a plea for my life and begging you to make some kind of arrangements to get this file systematically worked. You have prescriptions and medical bills that have never been paid back to 1989 and other expenses that aren't on the ACS bill portal, either.
How much does it cost to set up one person's file. Any more than setting up dummy files and ' losing' file reconstructions over and over. My suggestion is for ACS to set up some kind of phone number so that faxes can go direct to an email or print out in paper. I called the 850-558-1818 number and was told my file wasn't set up yet and that US Dept of Labor was now setting up computer files. obviously conflicting info is floating around as who, does what? My physical life is being used  as a ' footbal' being kicked around and I choose to live and want to get this settled per the judges' orders.
As stated in multiple certified letters since 2/09: where can the files be faxed and in what order do you want them. Start with 1989 as was done in 2005 and mover forward by year which seems to be the most logical as my the disease progressed and discoveries were made or: some other method? I hope some day you will get to see this letter as the others weren't even though the post office verified they were received in London Ky at ACS but never seen nor answered.
Proof of what happens to files is what has occurred recently. You say 2000 pages were received and forwarded to aACS to be scanned in. yet its much more than that. Can you now pull up my file and see all the items I've referred to? Apparently not! i never sent anything during office hours and only did so after being told it was OK by an employee in your office.  who should I write or talk with at ACS to make arrangements for the file reconstruction via fax which is the only method I can afford unless Acs wishes to send me money to have files copied and mailed. My family and I don't enjoy spending our evenings faxing files that have already been faxed twice before and thousands of dollars spent over and over reconstructing the same items: bills, out of pocket expenses, judges' orders, hearing officers orders; CA1's, CA2's C2a's. voluminous medical records and other itemss that reflect pain , suffereing and punitive damages against parties causing the problems. If I was to guess what has recently occurred ( from 22+ years of this; I'd surmise that the CA1, CA2 that I sent to your office in early 3/11 on the secondary/tertiary issue finally got to someone at ACS-Xerox and they started making inquires/ obstructions? Who are they talking with-apparently not with you nor with the Director of federal workers compensation who seem to know very little as to what is occurring at ACS?
I'm sending a copy of this to my attorney whom I've already called, the civil rights offices at US Dept of labor who is allowed to investigate impediments to processing which this clearly is and not the merits; and to HHS civil rights to associate with pending civil rights complaints as OwCP is one of my health plans and according to the appellate judge at medicare, which has final authority with multiple plans, should be getting all my bills first, then fed blues. All my bills should either be paid for accepted conditions and those issues pending should be associated with the appropriate claim and paid when accepted and a letter sent to the medical providers/supplier that issue is pending so they can go bill Fed Blues first and Medicare last and they can place in medical subrogation for payment at some future date when the secondary/tertiary issues are approved. Many of these are textbook issues and have been accepted at other federal agencies which is logical that they would be at owcp. A copy of this letter is also being sent to the Secretary of Labor to see if something can be done so that this never happens again to anyone and to  the Attorney general of the USA as his staff has asked for a letter. ACS has an obligation to me to set up my files in a reasonable order and give accurate info to providers/ suppliers from the official records and not from gossip and rumor.
Ms. Stark, you said that when Lynn Blodgett the President of ACS came to you last year you could only access an office computer that had not been updated since 1998. when we spoke you had no records of multiple judges' orders, hearing orders, and subsequent voluminous filings available. Didn't he tell you, that the file was never set up when they took over? Did he explain why and who didn't do it? I was told it was the Chief at Employment standards that pled guilty in the Jack Abramoff bribery scandals that said he wouldn't pay to have my files set up when the remand orders listed items back to 1989 to be worked and weren't. ACS got the contract to assure these kind of abuses would never again occur on an injured workers files. ACS treated me disparately in not setting my file up. Can you write me a check that would cover past, present and future medical care, wage loss  and leave buy back and loss of use of several internal organs including part of hand, etc and the medically expected losses without the files complete to show why such a large sum is being paid. If your agency is anything like mine, the amount would be require the signature of someone higher than a regional office manager. The third party law suit has been sabotaged that owcp required me to file and the hopes of the taxpayer being reimbursed are dismal. My attorney can do nothing until owcp figures up the damage's and after 22+ years have not done so. Linda Joy Adams-pleading for life and justice.

1 comment:

Linda Joy Adams said...

UPDATE: WORSE LIQUID OXYGEN TANK HELD TOGETHER WITH GLUE AND GORILLA TAPE;MUST LOWER TANK SO LIQUID OXYGEN RUNS TO THE TOP. ALMOST DIED IN 7/13 BEFORE WE LEARNED SOME 'TIPS' AS TO HOW TO GET O2 OUT OF IT TO LIVE. life in danger..TERRI SChIVO LAW INVOKED AS I CHOOSE TO LIVE. LINCARE OR RHEMA FORBIDDEN by ACS to even file.
OCCP Director Dodd ruled you can't make ACS. HR 1063 gives you authority.
"You" ( US Dept of Labor) have permitted 14+ years of oxygen claims to be hidden from view and your Conractor ACS-Xerox and CEO Lynn Blodgett who lied to you to effectuate a "let her die" order they are following from parties not i the govt now? All About Mobility filed anyway and their claims have been pending for 8 years not input. But it allwedthem to go on to Fed Blues and Medicare and CGS sent paid claims refund request to you in London Ky.
. Worse is MSPRC records destroyed? when Medicare Secondary Recovery moved to OKC from Detroit. CEO Blodgett et al named as cause. With no response or refunds to CMS I appealed judges to set aside the 1994 susupension of enforcement. Judges affirmed the approval for life for liquid oxygen from Medicare but said could not over rule the suspension of the law. M09-1406.This led to HR 1063 being passed and signed into law to over come a former Sec of HHS's order to suspend and adds penalties and not evn govt officials or CEO Lynn Blodgett is immune from it to stop . routine 'dumping; being allowed. Even one of your staff said: Medicare is paying so what? Its theft of Medicare by abusing the 'safety net' to pay then ignore refund requests. You still have the 1996 schedule award request pending and in 2009 a sson to retire claims examiner affrmed that and asked for records to process. Nor do you even know what other issues might be accepted as ACS is not decider of facts? Other bills use an offline system and say to pay from the missing million and appeals not answered. ACS told LIncare and others I have it? Whre is it? Why do you say this? Nor answered is my reqest to chronologically obey remand orders' and work throgh a 25 year back log of 'new' items. Legal rulings are that anything is 'new' if never pocessed. One can't capriciously take the word of a CEO of a contractor "there is nothing to do" with ho regard for life or constututional rights. Reconsideiration currently pending from that. Your Hearing officer ruled that Dallas, befroe ACS, must itemize with give appeal rigts on. Its added to a file of partially done 'new' items for 25 years as pattern was process, pay, file dispapears. appeals, remand, start over now ACS, defies the judges. It was a riffling of my file in Dallas for this last struggle for life to look as if I did not return to work in 1990 which ended with EEOC santions against Sec of HHS Donna Shalals for torture to near death mulitple times.Transfered to your jurisdiction 10/11/94. Now ACS CEO Lynn Blodgett has taken over..? 2/09:CAB judges said I did return remanding the case to cusotdy of ACS to be reconstructed from my reocrds, to be worked asking me, not him; for facts of case. We can reconstruct with them but they must give direct to ACS who is allowed to set aside over by actions not taken as contracted to do for you?
I am in legal limbo and cannot retire.Even ACS et al told SSA my employing agency the same lies and our signed agreement to cooperate fully with you is ? US Dept of Education did apyrove permanently for onoccupational asthma. SSA has not allowed any to see my medicals, ocntact my doctors and consult pulmonologist reprot disappeared. My personnel file missing..and third party law suit. you required me to file to trpay taxpayers waits for you to give total 'damamges.' told the same lie of non existant settlement and " nothing to do." Just 'Let her die" I say "LIFE."
Linda Joy Adams 1-19-14 ( no spell check on this iste.)