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Saturday, June 18, 2011

Violations of civil rights page 39: reconsideration to owcp @ documents of pending U.S. Dept of Labor contract compliance complaints

                                                                                                        Linda Joy Adams
                                                                                                        06/18/2011
                                                                                                        Fax:
Sharon H Carter
Senior Claims Examiner
Office of Workers Comp Programs
Federal Division
Room 100
525 Griffin St.
Dallas, TX 75202
Via: Contractor, Affiliated Computer Services-A Xerox Company
P.O. Box 8300,
London, Ky. 40742-8300
Attn: personal to Lynn Blodgett, President and CEO
                        
                                      This is a reconsideration request which document the non-facilitation of my established federal workers compensation claims and permanent medical benefits on my 1/10/89 injury at the social Security Teleservice center in Jersey City N.J. 07306 in the Hartz mountain owned building leased by ADP. at 2 Journal Square, 9th Floor.
A copy of this is going to the investigator on the pending complaints against US Dept of Labor contractor, Affiliated Computer systems for  on-going refusal that is getting more blatant and retaliatory, to facilitate the processing of my case and refusing even judges remand orders be made available to the claims examiner. Allegedly on the orders of a convicted criminal in the Jack Abramoff bribery scandal. and the ' illegal deal ' to violate the IT contract between US dept of labor and Medicare coordination of Benefits a group Health subsidiary to alter  the secured postings to enable the theft of the Medicare trust fund and crate overpayment liabilities against me, my estate and over 200 medical providers that have consistently been misled and lied to by the contractors and a high level CMS official in the Dallas regional office.
            There is also pending civil rights and HIPPAA complaints in the Office Of Civil Rights, health and Human Services, Dallas TX on these two contractors and other named parties which include very few medical providers or suppliers whom we consider as victims of horrendous violations both civil and criminal as well. Also notified is my employing agency, SSA, which was HHS at time of injury and our attorney of record m just one of many complaining about the obstruction of facilitation of federal workers compensation cases when the contractor deems to want to do so. This violates their contract to provide security on files whether coming from  appellate judges at the Employment Compensation board at the US Dept of labor or claimant, representative, or medical provider. supplier without discrimination and certainly not usurping the role of the agency to be the decider of fact.
My file has never been made available to those in the regional office and all contents are considered ' new' and pertinent to the matters before the US Dept of Labor. There is also a NJ law that makes all violations and pain and suffering a pertinent matter in any third party law suit brought as a requirement of the US Dept of Labor to reimburse the taxpayer. This has been sabotaged first by felony disappearances of my files before ACS got the contract and continuously since then. A complete file reconstruction arrived in 2004 from ECAB and in violation of contract never got posted. A reconstruction was not posted either, and only bits and pieces of submissions have been made available to the regional office. What is worse is that the bits and pieces are ' out of context' of the total and appears to be done in a manner to retaliate and discredit the established case and punitive damage actions that have occurred.
The intentional obstruction of life sustaining medical care has turned  govt contractors named into real " DEATH PANELS" and the their on- going violations have turned their international conglomerate company into a threat to the life of any injured federal workers ACS is involved with the obstruction of flow of filings in multiple agencies. Submissions are being made that illustrate that this is not just  an occasional 'clerical error' but a concerted effort to violate my rights as spelled out in the  contract terms with various agencies at the federal and state level.  ( All govt contract terms include the clause that the parties are to uphold Constitution and laws of the land.) They have not done so.
In the file, as pointed out by 12 US Dept of Labor judges and 2 hearing officers, are items that have never received an initial decision back to 1989. When the remand order of 2/09 set aside the felony-caused decision to suspend my temporary wage loss  in 1998 ( disappearance of four years from my paper file) that i did return to work in 1990 and that the agency should accept my records. This should have been reinstated and decisions made on outstanding items which include about 3/4's of prescriptions of approved medical care for 1989-1998 and various health plans that have never been reimbursed for accepted medical care and other items such as dozens of CA1/2, CA2's, CA2A's in the file which Christina Stark said you only have access to 4. This is why the wage loss monies paid for 89-94 is a chaotic and does not conform to the buy back law. ACS refuses to allow you to see the voluminous medical records, doctors, notes, leave slips and pay stubs, etc the go with every 1/4 hour of work missed since 1/10/89 that must be certified by the US dept of labor for such. The terms of the reasonable accommodation promised BY HHS-SSA in 1990 were never met at great physical injury as is documented in the 240 EEOC complaints hearings, and sanctions from the EEOC which resulted in SSA stating that they should never have agreed to reasonable accommodations they couldn't provide which included removal of chemical barriers and a sedentary job. All of this is in file. This is  New York regional case, that's been shuffled from their to Kansas City to Philadelphia, to Dallas. Kansas City regional office of US Dept of Labor refused to forward the file to Philadelphia so they could check out if the reasonable accommodations were going to be met.
      Due to on-going obstructions and disappearances of my file, I lost all benefits with no decision on the pending CA2 in file and other claims for other affected body parts for four years until ECAB judges remanded the case back and I was sent to  board certified pulmonologist, who displayed a GREEN PEACE banner on his office wall.  It still took months for the Philadelphia office to approve the disease claim retroactively and then get me on home oxygen which was the proper medical care from 1/10/89 forward to prevent the other internal organ damage from progressing from the damage to the lungs and upper respiratory.The last 2 days I went to work landed me in intensive care and my doctor said: you go back you will come out in  body bag. This is all well documented and the last reconsideration decision asked for this extensive documentation which show the precarious situation my life was placed in. A Federal employee has no agency, no law enforcement to go to. All one can do is document extensively both medically and in hearings, etc. exactly what is occurring. SSA has signed an agreement for full cooperation although indivuduals have violated this for their own ' personal agendas?"
Compounding this is that since 1992 there has been discrimination by the FDA against my minority group of occupational asthmatics which is explained in the civil rights complaints filed with HHS.  Due to no substituted for CFC"S available to us, accommodations have had to be made for some off label use of medications. The more recent is in the list of medciations attached. i cannot tolerate the ozone/ emitting fumes from a nebulizer but  Demex...Cortisone steroid  which is out of pocket expense of $25 a month and the albuteral solution ( not much documented help) can be used in the mouth piece for the nebulizer and attached to the liquid oxygen tank minus the water humidifier cup and is working. I still have a supply of Intal and maxair is still being made until 2013 however, the canister has to be placed in the older maxair holder as i am unable to ' suck in ' on the maxair auto inhaler without severe and excruciating lung pain. I have not had a pain free breath since 1/10/89.  The prior complete physicals that HHS-SSA used to provide periodically clearly show I had none of these physical problems before. I simply went to work one day and horrible injuries occurred and the rest of the documented facts are in file, which ACS refuses to let you have.
I have attached other recent filings rather than reiterate the ongoing abuses and violations against my files and life and livelihood of myself and my family.  You can read these by doing a Google search; " violations of civil rights page" and insert the number after page. This is #39.
You only received a few items of filings sent to US Dept of Labor since the last week of March of 2011. Exact copies have gone to HHS-Civil Rights and US Dept of Labor contract compliance/Civil rights compliant office.
Apparently, you will continue not getting access to the file to work it as ordered y appellate judges, and since there is nothing for ECAB to do until you make the initial decisions on the outstanding items and do as outlined by them, it would do no good to appeal to them as even they send my files to ACS which have never been shared with you except for the few isolated items they choose to let you see and is seen ' out of context' so often isolated pages have little meaning. For example the CA1 @ CA2 in file on the eyes in 1993 and the cataracts in 2007 and subsequent surgeries that did not get approved as ACS lied to the doctors about the status of the case so the requests were never shown to you which also violated their contract terms-never been allowed to be reviewed by you and  these are initial decisions, ECAB judges could do nothing but return to you over and over to make the initial decisions. 1989-1/2/99  file includes  a multitude of items such as this that have never received initial review. remember from 9/91-3/14/95 nothing was worked on my case due to the ' game playing' of disappearance of a filing again that was never to keep the medical benefits on the first accepted CA1 claim. Many medical providers have never been fully paid as I had no monies for co pays and deductibles. Not all items have had inital processing for 1989-1991 either in defiance of hearing officer'r remand order.
In 2005, the Sec of labor's said to refax entire file that disappeared after tte judges's 35000 pages reconstruction arrived AT ACS in London, Ky. and was never posted, except for a few pages done to mislead the regional office in Dallas) Every filing, every submission, etc. means the file grows exponentially to document the ongoing obstruction of facilitation of this case and the damages and violations that are occurring as a result in other agencies to myself and my family as a result.
I will fax this to Dallas even though you can do nothing with it until its sent to ACS in London Ky and may never be returned as has occurred continuously since 3/11.
Due to the inflammation from ink, My husband, Doyle stamps each page and we then fax to the parties. We've already spent over $10,000 reconstructing files you have never seen to review even though judges have. With a set rate for long distance this all we can now afford as approved by OWCP medical Care is paid for out of pocket. ACS has hijacked OWCP and is now become the decider of fact without any due process. Every item not paid has been reconsidered, yet you don't even have these to answer.  There seems to be no misunderstanding that all bills, claims should be paid prior to 1/3/99 and this has yet to occur. In so doing, you will find the 1996 request for permanent disability and all the very relevant and extensive medical documentation Jean Graham could have used and had me on permanent disability with schedule award paid as of 11/09 when her personal memory of the real facts of the case she knew I had permanent medical benefits already and the schedule award was pending. others only have gossip, and guessing and the bits and pieces of isolated documents that ACS wishes you to have and won't even process and pay what no one questions.  The whole case would ' fall into place' and subsequent secondary and tertiary medical issues could then be addressed as OWCP's Dallas regional office would know, for the first time since ACS took over, what my accepted medical conditions were and are.    I have posted on line for prayers for Lynn Blodgett, that he will do what is right by the terms of his contract, pay the bills now for prior to 1/3/99 that were all filed timely and then redone on the new forms in 2005. With the entire file, for the first time, made available to the current US Dept of labor officials,  no one will have to go on guessing and memory. ACS,You can start with paying the approved for life by OWCP oxygen claims that have been timely file and pending with you since you took over for OWCP. This is 11 years worth. Some of these are reimbursements to Federal Blue Cross/Blue Shield and to Medicare as ordered by their appellate judge on 9/29/2010 case # M09-1406.  Hopefully, some day, an injured worker can access their file on line and submit documents direct to the file and then no one can make paper disappear anymore. Remember, this horrible scenario started before ACS took over with a felony destruction of four years of my paper file to make it look like I'd never returned to work in 1990. According to my congressman's, common place when a 10 year multi-million dollar lease on a work site is up for renewal and a clean accident record is needed by the owner. SSA TSC Jersiey City has now moved, so that  abuse of power is no longer needed. This is a non controverted claim with only a couple of controversions as to whether some days should be covered as wage loss rather than COP after I transferred to the Camden, N.J. HHS-SSA office which has now moved to Cherry Hill , NJ.  My work related medical conditions were never accommodated as promised, assuring intentional  injury ( well documented in file ACS won't let you see for the first time) by EEOC investigators, etc. I choose to live! I worship the Creator of life and live, not the god of death and destruction.  I pray for those who have done us wrong and ask those of faith do likewise. Processing, filings have to continue as medical is being obstructed continuously for my entire family over this and that is in the submitted complaints against the CMS contractors which has direct bearing on what is occurring at ACS who is interlocked with all the various health plans and agencies. Linda Joy Adams " the books shall be opened" Yahusha! May all follow the path of life and live for one another and my personal belief that all life has value. I  have listed religious discrimination along with other protected categories in the civil rights compliants, because there is a growing belief today that those who are old or disabled have no value; a belief that is growing among even the rich and pwerful that if they, too,  get old or sick; they have no value and this is eroding the foundations our constitution and laws of justice for all that our very goverment was founded to insure.

3 comments:

Linda Joy Adams said...

UPDATE: No. 2 of 2 PAGE 29'S.
This filing was answered by you without the file and taking CEO Lynn Blogett's t word of 'Nothing to do" ignoring the judges remand order to reocntruct my file from my records, ask me for facts of case, etc. He is not the decider of fact in any of multiple agencies I am dealing with ACS et al.including US Dept of Labor.
Rulings have been made at US Dept of Labor that "new" is anything that has never been processed and there's multitudinous 'new' items in my file some as far back as 1989. All due to an on going pattern of malfeasance, including the disappearance of 4 years from my file in Dallas which showed I did return to work in 1990 and the 2007 decision done in Dallas saying I didn't which caused the appeal to CAB judges with the 2/09 remand that set aside that false info and is the higher authority, not ACS. So we are back to 1998 now; and all should have been brought up to date and schedule award done pending since 1996 as a 'new' item with extensive medicals . Even SSA,(HHS) was told "nothing to do" and false info that I'd gotten a settlement and retired WHICH HAS NOT HAPPENED. As ACS et al... has files misisng there. At CAB one can reconstruct a file,only to have it and judges orders to ACS in London KY to post and not done and disappears. .
My life is endangered over this as Lincare and Rhema(only suppliers here) have been forbidden to file oxygen claims with ACS as sub contractor and must legally do so before filing with Medicare or other health plans. I filed for them. Another supplier(no longer in business) did file with no answer to date and were paid by Medicare and Fed Blues and collection letter wnet to ACS and ignored to date Medicare gets the official secured records showing permanent medical but you don't. Why? Oxygen claims input would make it occur according to ACS Mananger.So they 'hide' them. Now, 1/11/13; HR 1063 sets aside the 1994 suspension of enforcement. I choose to live and invoke the Terri Sciavo law and its up to you to permit life to be sustained snd set aside your orders To " let her die" so I can live. (Multiple witnesses)The defective tank our son gets filled at the gas co since 1/08 and claims are 'hidden from you also.
Hopefully you may be able to read this on line to know anything. Medicare can't pay if no supplier so they and ACS as Partner of Medicare aid in the hiding, too.. with bankrupting financial hardship..Even Hearing pdning for years to over turn that at Medciare 'hidden' by ACS et al.. Every legal means to solve this ends with ACS et all obstructing my constitutional and civil right to facilitate the legal process..
. Another Reconsdieraton was filed and follow ups never answered since Fall of 2011. No one at US Dept of Labor has been allowed to see it either. It has to be posted to 'officially see" and my file not set up since ACS took over totoal control in 2002 and decide what to verbally share..Medciare expects you to be filed and waita reasonable time for an answer-- 14 years is not 'REASONABLE' . Nor is the defiance of 15 judges and 2 Heairng officers 'reasonable.. .
. For CEO Blodgett et al of ACS-Xerox to say "You have 'nothing to do'" to multiple agencies including US Dept of Labor.is intentional malfeasance.
In 2005, we had faxed a very organized file to ACS in Tallahassee and they forwardedthem to Oodon IY to set up my fiel and post with thesearrngements made by Sec of Labor Chiao's staff only to have the entire go missing again. Attmpets to reconstruct since met with a continued pattern of noncompinace with the law, rights or judges,etc. We beed assurance that this final time the file can be worked with ALL that IS TO BE DONE..
Linda Joy Adams 1/22/14 ( no spell check o this site.)

Linda Joy Adams said...

THIS RECONSIDERATION IS STILL PENDING WITH FEDERAL WORKERS COMPENSATION BUT THE US DEPT OF LABOR EMPLOYEES HAVE NEVER BEEN ALLOWED TO HAVE IT BY CEO LYNN BLODGETT AT AFFILIATED COMPUTER SERVICES WHICH HAS TOTAL CONTROL OF THE PROGRAM . EVEN JUDGES ORDERS ARE WITHHELD AND SO ON HIS VERBAL SUMMARY OF MIS FACTS AND LIES THE LOCAL CLAIMS EXAMINER WAS ORDERED TO OVERTURN ALL THE APPELLATE JUDGES ORDERS AT US DEPT OF LABOR WHICH CAN NOT LEGALLY BE DONE. THIS WAS SENT AFTER A CLAIMS EXAMINER IN DALLAS FAMILIAR WITH MY CASE HAD PROCESS SOME THINGS AND SENT ME A FOLLOW UP ON MY REQUEST FOR PERMEMANT DIDIAILBGITY TO MAKE USRE THE FIELS ADMEDIALCA WERE MADE ABIAILIBALR TO THE US DEPT OF LABOR. SINCE NONE THERE ARE ALLOWED TO HAVE THE RECORDS EXCEPT THROUGH CEO BLODGETT, AND HE WILL NOT PERMIT THE ORDERED RECONSTRUCTION TO TAKE PLACE THERE IS NO WAY ANY ONE AT THE US DEPT OF LABOR CAN AND SHOULD BE MAKING ANY KIND OF DECISION. MS CARTER AND OTHERS DID NOT KNOW THE CRITICAL MEANING OF THE JUDGE'S RULINGS THAT SAID I DID RETURN TO WORK IN 1990 SINCE THE LATEST RIFLING AND DISAPPEARANCE OF MY PAPER ILE IN 1998 MADE IT LOOK AS IF I SHOULD NEVER HAVE RECEIVED WAGE LOSS AFTER 1890 IF I HAD NOT RETURNED TO WORK. THE APPELLATE JUDGES HAVE NO TURNED OVER THEIR FILES AND DATA TO ACS AND WE ARE ABLE TO RECONSTRUCT THE FILE WITH THEM BUT THEN THEY ARE FORCED TO SEND THEM TO ACS AND THEY DISAPPEAR. THERE WERE EEOC SANCTIONS AGAINST SEC OF HHS FOR TORTURE AND NOT OBEYING THEIR AGREEMENT TO RESPONSIBLE ACCOMMODATE ME WHEN I RETURNED TO WORK IN 7/90 WITH REMOVAL OF CHEMICAL BARRIERS AND A NON EXRTIONAL JOB. NEITHER WAS GIVEN ANY ATTEMPT TO MAKE AVAILABLE TO ME AND GREAT DETERIORATION OF MY HEALTH AND WITH FILES AND RUMORS RUN AMOK IT TOOK US DEPT OF LABOR OVER 4 YEARS TO FINALLY GET ME TO A DOCTOR TO DO AN EXAM TO GET ME BACK HOME. FINALLY A PULOMNOLOGIST WHO WAS A MEMBER OF GREEN PEACE DID THIS N 8/94, BUT BY THAT TIME IT WAS medically IMPERATIVE I BE GOTTEN ON HOME OXYGEN AND NONE SEEMED TO KNOW HOW ONE COULD WORK ON O2 WHEN THAT IN ITSELF WOULD HAVE BLOWN THE WHISTLE ON AN EXTREMELY PHYSICAL HOSTILE WORK CONDITIONS .EEOC SANCTIONS ARE NOT ENFORCEABLE AGAINST A FEDERAL AGENCY AND THEY WERE IGNORED AND RETALEAITION GOT EVEN WORSE I WAS UNDER SOME WHO COULD HAVE GOEN TO AIL FOR US ALL BEING INJRED IN THE FIRST PLACE BACK ON 1/1989 AND WHOSE ACTIONS LATER LED TO 9/11/01. LINDA JOY ADAMS

Linda Joy Adams said...

UPDATE: No help yet as no real government. Request still pending unanswered as a new head has come in .. I AM NOT AN ATTORNEY AND BECAUSE I DID NOT WRITE THE WORD FACILITATION OF CLAIMS OR REQUESTS IN MY INITIAL COMPLAINT K THE OBVIOUS WAS IGNORED THEN WAS TOLD THAT THE WHOLE PROGRAM OF A CLAIMANT COMPLAINING EVEN OF FACILITATION WAS NOT FOR US, AS IT BECAME AN EEOC OFFICE ONLY FOR THOSE WHO WORKED OR THE CONTRACTORS. The US Department of labor does not even know they have a contract with Emblemhealth International to post my status bi weekly with them. Of course they do it, and then CMS has no budget from congress for the non facilitation with CMS's contractor since the COUP OF 2002.. I WELL EXPLAINED THAT LYNN BLODGETT'S COMPANY AFFILIATED COMPUTER SERVICES NOT INPUTTING LIQUID OXYGEN INVOICES SINCE THEY TOOK TOTAL CONTROL OF FECA IN 2002 IS THE MOST GROSS OF VIOLATION OF TIMELY FACILITATION AND AS HIS MANAGER SAID, BECAUSE THE CLAIMS WOULD BE PAID as approved or life for 22 years now. AND THE ORDERS ARE TO 'LET HER DIE' ON ME. If that is not facilitation, what is? Not posting my FECA file including their own DOL judges, MOST OF THE 38 BEING DEFIED BY LYNN BLODGETT NAMED AS NOT FACILITATING AS HEAD OF THE USA remand orders since 2002 either so no one in the real government has official access to my files to work the case as many remand orders are pending and appeals on items also. All government contracts , in order to be legal, have a cause that the parties will obey the 'laws of the land.' That is not happening now not since the COUP OF 2002.This contract was let t provide security of records as my file had been rifled again to make it look as if I did not return to work in 1990 and any excuse has not been overcome by the LAST THREE judges and I already had permanent medical wher that rifting occurred in the regional office. The answer was not to find out who was stealing files, but to contract it total control and not allow any real government employee have access to a single piece of paper first as 'they could not be trusted.' The regional commission laughed at Doyle and I and admitted he riffled the file and he is the one who said no criminal investigation should occur. Of him? He has retired and now the COUP OF 2002 prevents any one to make a government contractor do anything they do not wish to do , especially if they are part of the ones being sued under a third party lawsuit to repay the taxpayers that FECA required me to file. Now languishing in a court house in NJ for the federal government to figure up the past, present and future damages. One more federal program that just cannot be contracted out due to big conflicts of interest. Linda Joy Adams 9/4/16