Linda Joy Adams: : Linda Joy Adams: Daily Recap 9/6/15: 38 Judges defied by ACS et al Exhibits 15-18 Medicare Hearing Case 1-3225833488: President Obama born in Topeka Ks son of Jim T Parks This is a linked series backwards of an actual filing for a recent Medicare hearing where the judge was only permitted to rule on an issue already resolved but other issues in file have yet to be addressed although pending for years unheard and even disappeared inside the government and government contractors and systems hacked and deleted, also. yet, the question we raised at the hearing of why they could not be heard when sent to the judge has yet to be answered. Some order Judge Engleman got apparently? was not provided to us with the copy of the file sent to him and copy to us. Unless it is the transmittal order which referred to the last reconsideration being appealed which appears to all have been done by government contractors and why the legal issues could not be addressed? Which also covers the other issues pending in the previously filed unheard hearings about the Part B Premiums being assessed penalties clearly not valid per previous Medicare ruling on M09-1406 that no one at SSA or CMS has access to? yet is published for access? not valid and my contention of double payments being made, too. And all the other hearings pending on other matters at Medicare caused by no compliance with M09-1406. And the hiding or miscoding of some crucial tests and surgery directly related to respiratory injures from toxic and chemical injures to lungs and heart, etc.. Makes me wonder if any one being injured badly as I and others were on 1/10/89 could eve get these accepted by medical community ones done to day to prove their case and diagnosis and get the data needed for proper medical care?
. The 2011 judge 's SSA ruling on Disability Insurance that no reconsideration has been done covers even the medical disability remand from the appellate judge at SSA to do it from 2/00 has only a tertiary relationship to being entitled to Medicare before age 65 also has yet to be done by SSA And. doing so legally and without illegal interference as occurred before is one way to break the impasse with Affiliated Computer Services and their CEO Lynn Blodgett with total control of federal workers comp and now every ones through over a 100 of his companies. is defying 38 federal judges in multiple agencies on my cases and is blocking my loved ones on my Federal Blue Cross/ Blue Shield with a Medicare card from having their appeals and hearings held.
This puts us all at financial risk as well as putting me in a life threatening medical situation with family having to haul 200 lb liquid oxygen tanks to gas company in order to keep me alive when approved for life by even Medicare who wants a refund from worker's comp as its their bill as approved there that gave me permanent medical but not yet permanent disability which should have been a domino affect to occur. But even refuses to allow me to have a supplier as ACS et al manages every entity in health care from one conflicting end to another and CONGRESS REFUSES TO ACT TO END THIS WITH NO BUDGET EVEN TO THE SEC, EITHER WHERE STATES HAVE ASKED THEM FOR HELP.
But through out the government files and data are not in the control of the government any more and access can be denied to those in the government who need the info to do their jobs. This is what we have documented over the last 15 years and getting more and more defamation the more it is exposed. And do not forget that the last round of issues at FECA OCCURRED WITH THE LAST RIFLING AND DISAPPEARANCE OF FILES INSIDE THE GOVERNMENT,
BUT IN THE PAST THE JUDGES REMANDS AND RULINGS WERE OBEYED BY GOVERNMENT OFFICIALS, BUT NOW THE CONTRACTOR DOES NOT HAVE TO OBEY THEM , THE LAW, NOR THE TERMS OF THEIR GOVT CONTRACTS TO UPHOLD THE LAWS OF THE LAND.
CONGRESS HAS APPROVED $0.00 BUDGET FOR ANY INTERNAL AUDIT CONTROLS OR CRIMINAL INVESTIGATIONS OF WHAT MANY OF THEM ARE DOING as they unfairly get contracts from those who might deal fairly and lawfully with the people in government administered and regulated programs and obey judges, the law and every ones constitutional rights.
PRAY OR THINK GOOD THOUGHT THAT THOSE IN CONTROL WILL HAVE A CHANGE OF HEART SO I CAN RETIRE AND WE NOT HAVE TO FILE THESE PAPERS IN ORDER TO SUSTAIN LIFE AND LIVELIHOOD.
EXHIBIT 19 Medicare case 1-3225833488 ((Items in parentheses added for clarification as document not posted nor personal identifiers not added and starred.)*
Bankruptcy court discharging any Medicare overpayment ( through date of filing and those were submitted that listed Centers for Medicare and Medicaid Services as well as Insurers , etc. through date of filings and we have yet to receive any acknowledgement form SSA or CMS that over payments assessed are discharged from them as a separate notice is needed as its still there against us. Another reason it seems clear to one who has done reconsiderations for years since 6/68 that no government official is doing these reconsiderations so these kinds of issues can be ruled on. even to okay what the bankruptcy judge did. Even though our liability is reduced on this, it still does not mean the money is not owed back to the taxpayer's funds from those who are to be paying my medical bills, etc. and the record needs to be complete for any glimmer of hope of the taxpayer being reimbursed by the third party law suit against Hartz Mountain Industries et al that languishes in NJ. The taxpayer has the right to know if their monies can be recouped so that those precious dollars will be there for them when they need them for their own use or their loved ones. What court protection I get does not mean all those due money cannot recoup them from the ones that are liable in the first place. That and any other pending injury law suit means claims must be considered as conditional payments.
This court discharge does not cover the entire period in question and so all appeals and filings have to be kept alive going back years on this. and they legally are even if not in the physical custody of the government or their contractor any more it is legally pending and in some instances on a few bill as far back as 1989 due to a repeated pattern of illegal acts against paper and data files in multiple agencies on a non controverted workers comp case where the merits of the case are solid as even the congressional over sight committee said so in in 1997. when we almost got a comprehensive bill passed for the rights of injured federal workers and CONGRESS HIKED OFF TO READ ABOUT STAINS ON A BLUE DRESS AND SEEKING TO OUST A SITTING PRESIDENT. and left the business of the people left behind undone to this day. )*
EXHIBIT 20
HR 1063 Law ( that gave the authority back to the government to enforce its own laws and taking the onerous off the patients and other parties when the primary payer refuses to pay its bills. and it gives government the authority to make CEO Lynn Blodgett input those over 15 years of oxygen claims he has refused to process and trigger his offline dummy system to come on line with the official one at the USA Department of Labor and pay all of my bills as his manger said would occur and all would be paid and he does not want it and reiterated the order on me "let her die" that shows the real facts as the Medicare judges got and affirmed as accurate as Medicare has never been a primary payer for me or my loved ones on my employer group health plan. as I cannot retire until he posts my file and must use my records as his several sets e have sent and he got from the appellate judges where we had to reconstruct over and over more sets are missing so a ruling can be made on the permanent disability by my claims examiner who could adopt SSA's if they would do one addressing my medical issues which has yet to be down. who have a Medicare card.
We should not have to be filing these papers and begging for the government to help as we have well proved over the last several years that a patient nor person can go this when the power of the government cannot with Congress not approving them to do so without any budget.)*.
EXHIBIT 21
MO9-1406 that led to HR 1063, The system is misleading as its labeled as a dismissal/denial.. The legal issue was my asking for the government to set aside the suspension of enforcement order of 1994 to allow the insurance industry to police itself. The judges could not over come a Clinton era executive type order on this. They did affirm that Medicare is not a primary and never has been and that the US Department of Labor official records that my own claims examiner is allowed to have access to by CEO Blodgett. Official records show I am employed and still active duty and thus Medicare is secondary for any on my Blues policy who also has a Medicare card.
There is also another remand judge's order dated clear back in 2008 to get all the oxygen claims processed that are pending yet at the contractor from Lincare and Rhema the two suppliers in my areas who are refusing service and allowed themselves to be denied right to file a claim for payment by ACS and I did so and protected the filing date for them ... as they are also under the managing control of ACS et al.
And my follow ups go unanswered to do so as at the time I would have to have gone to court myself under the False Claims act to get money back for Medicare myself as the government could not collect its own money due to this Clinton era order. for the people, The patients had to. HR 1063 has put the onerous back on the government and so far the government has not helped me at all as that got contracted out back to ACS ET AL TO COLLECT FROM ITSELF ?\
Someone needs to go dust off the original 1980-law and realize how crucial it is to everyone in the health care industry and field for all to have to play by the rules and stop the illegal and unethical things going on since 1994 in increasingly ways and with huge sums of money blatantly stolen from Medicare and other funds of the taxpayer over this by some who have taken advantage of no one checking things out nor being able to stop real crimes being committed. And no security protocols programmed into the software on the system as its been left insecure to allow illegal things to go on.
But the judges did affirm the approval for life for home liquid oxygen on me even at the appellate level before they addressed the issue of recovery of monies back to Medicare which had been thwarted by ACS and refusal to return the monies. Cigna Government Services has been the only Medicare contractor to pay the bills and label as conditional and send to recovery unit at CMS Contractor Group Health, which is now Emblem Health International which did send out recovery letters on this in the past and had sent some on on their own on other bills previously. This labeling as conditional means that neither I nor medical providers or suppliers have any financial risk as its up to the government to collect its own money for the taxpayer. Or used to be before 1994 and is again. as the original law has always been on the books. The government just 'suspended following it for 19 years. And this not obeying this underpinning law that made 'every one behave' literally collapsed the health care system in this nation is my experienced view from years of knowing when it worked to help all who wanted to do their jobs ethically and legally.
CEO Lynn Blodgett's. verbal orders had all recovery efforts stopped and r destroyed and systems hacked into and even hacked in and deleted my own self reporting screen , I had spent a lot of time and effort to get accurate with ICD-9 codes, etc. to protect my legal risk if I did not report myself.
All i have wished to occur since this all began is if Medicare wishes to pay my bills and my families then do not get us legally overpaid and allow us to get medical care. . And the conditional pay law does that. No one at the US Department of Labor ever saw the official recovery letters to return the monies to Medicare as the unit employees had no idea that US Department of Labor , PO Box 8300 London Ky. was not a government office with no government there to 'officially' receive the letters from the unit. Its shocking to learn that many US department of Labor employees do not know this either as its been that well hidden of the overthrow of power to this unaccountable international cabal. I can show them a copy but its not official until ACS lets them see it posted to my systems file they have yet to set up and connected to the official records that post to the Common Working File billing system at Medicare owned by Emblem Health and then they hack in to alter the info so bills get "illegally dumped" on to Medicare. .
This non disclosure of who they are; violates laws that it is illegal to impersonate a federal official: and its going on rampantly all over so that few have any idea if they are getting letters from the government or contractor or even have government phone number answered by government official and what thy can do is greatly different to solve issues and problems and being accountable if wrong doing occurs. .
All letterheads from a government contractor would name the company and at least corporate address , etc. and state they are a contractor of the named government agency. Those who work for these contractors are even forbidden to say who they work for. when asked. This OVER THROW OF THE GOVERNMENT OF THE USA has been that well hidden and why it has been so retaliatory for exposing this and shared as its use or misuse of the peoples' money that is going on. And we all have the right to know who is in control of our records and data and often of the most personal nature when its our medical records. and whom to complain to or about if things do not go well. in dealing with them. I am disgusted with the media for always blaming we government employees when we have no control over what is going on much anymore or did the deed being complained about.)*
EXHIBIT 22
oxygen claims & denial of right & block by ACS even though approved for life by all three health plans for liquid oxygen. ( suppliers get a reject as there are primary payer as its workers comp in this nation and the claims as to go there and will never be processed until HR 1063 is enforced in the perfected obstruction for all injured workers now perfected on we feds. So no one injured on the job has "the right to breathe " even if they can use a concentrator which I cannot as the low emissions of ozone inflaming the lungs in life threatening ways and its not a therapeutic level. I cannot use any kind of ionizing machine.
Suppliers have to be paid to avoid their own bankruptcy and this obstruction means it could be a year or more by the time all figure out what is going on and go through all the health plans and insurers to get to Medicare or for some Medicaid as by time most will be broke and even in bankruptcy court themselves as we got into over the need to pay for oxygen ourselves over rode financial health.
After part B Medicare got suspended, then Fed Blues paid about 60% but now since 1/13. their ACS company Prime Therapeutics which runs the Federal Divisions wants Medicare to process the claims firsts and Medicare does not pay if there is no supplier as Blues does and Celerian Group(formerly Cigna Government Services) now owned by South Carolina Blues and ACS managed? will not process the invoices to let them be appealed up for hearings as the first ones are to ask Medicare to overturn that life threatening regulations along with the one that forced all the small suppliers out of business with a few patients each before competitive bid came in where they just exchanged filled tanks. in order to block their right to compete they required all who deliver liquid oxygen to hire a respiratory tech at huge expense and only the large companies could afford to do that.
It makes no medical sense and should be covered under home health services with other nursing and therapists, etc. are. Few oxygen patients will need this kind of care until near end of life. and being on oxygen in the modern era it could be years before that occurs. if treatment is not denied as these laws are doing. All these issues pending to be heard and blocked by ACS ET AL.. the whole issue re oxygen needs to be revisited and revised based on modern medical treatment standards as here is a real disconnect on this. Its no more get oxygen for 3 years and die. Its known now that little can be done when lungs do not sufficiently oxygenate the body and its prescribed before the rest of the body suffocated and slowly dies before the time appointed by the other parts of the body which can survive for years with oxygen artificially provided to the body. This has been accepted treatment for decades now and Medicare has ignored the science of this. as the whole program got contacted out and these kinds of changes can no longer be made by non government entities.
How many other areas of medicine is the government approvals lagging behind the science. to the harm of the people and the nation. And its not as expensive as other forms of medical care when life is allowed to be shortened with all kinds of other medical issues being caused and having to be covered and are..)*
EXHIBIT 23
Summary of liquid O2 hearing & appellate requests at Medicare Hearing office in Miami & at DAB (plus)* all the others not heard & not yet heard.. other ( family affected appeals also. We are willing to consolidate all of these and hold elongated one hearing to address all so HR 1963 enforcement order can be granted 'enmass' instead of piece meal. and end this constant legal need to keep filing on every claim and going without or having delayed needed medical treatment. Also stopping the on going chaos and confusion created with medical billing personnel , etc..)*
EXHIBIT 24
Letter sent to SSA there are two extensive written SSA 795's done. One is over 70 pages form over a decade ago and The last was a typed 26 page one done more recently that recapped and listed all outstanding issues at SSA and ended up being sent up to the appellate judge who read it and sent the file back to the local office to take care of things not yet done as the lower judge did on the disability issue only which in itself would have a domino effect of resolving all other matters as the process went on.. . I did not file with that judge a formal request but it got sent there as no one knew what to do? was going on at SSA and Medicare having pieces of a whole and not having the records either in paper or on the hacked in system. Nothing has yet been done that is pending since 2011. . and no one asks me nor has any one even read it? This should be a good guide to proceeding to a satisfactory conclusion. Even though its now been amended by later actions re the premiums which would have been moot with the souse benefits paid along with the wage loss from SSA. as the only issue would then be the act of no judicial review for 30 years on how the math is done on the GPO offset which would not have even been an issue at all, but now I say I am due major refunds of over $10,000 on duplicate payments made plus no penalty would have ever even been considered and no interruption of coverage. Non attention to one thing leads to more and more to be done and more chaos and confusion over the years and WHO GAVE THE ILLEGAL ORDER to not process my file as the law requires to be done? )* (Report from GAO on GPO asked for by Congressman Kevin Brady and did not address the issue of the math with regard to Part B Premium at all either as nothing does as it did in the original training years ago and all now just assume the system is programmed accurately by law. and where is any clarification of that law?. none I have spoken to at SSA knows either since the issue was discovered to not be resolved in 5/09 and was this to have been sent to bankruptcy court in response to the official notice to CMS? and the court did not get it? from them as official response and made no mention of that court either.? yet the issue of the 2 million id theft and claims paid 17 tines and all but one diverted from the doctor, etc and debited from the Medicare trust fund with over payments created by Trailblazers and Palmetto GBA as subsidiaries of S C Blues was not mentioned either. and before the contracts were cancelled in our area, grew another 2 million over payment stolen in my name and the over payments to Doyle and others occurred also then and now. and none in the government can process a waiver of over payment yet although SSA agreed to do this kind where one gives no personal financial info as its "against equity and good conscience " in 2005. Since then, SSA has refused to process one of these filed with them by us. and we have asked all the judges for waiver also and get no answer on the issues either. we have well proved the patients is unable to recover monies and stop the thefts when even the government cannot do it. But under HR 1063 is to do it Contractors do not have the authority to do wavers of monies and even we government employees can only waive a certain amount before it has to go to higher grade levels to co approve ..)*
EXHIBIT 25
1/20/2015 hearing file + IRS + OPM hack
08/09 (hearing) issues not resolved yet and M09-1406 should have been used on all later appeals & actions.
( Also included is the 2/15 request to Congress by the Office of Inspector General for SSA who was denied access to check the new systems to see if they meet security protocols. This affirms by contention that the government has no control over our data and systems to even audit if done correctly and legally and constitutional rights of all upheld. My SSA claims file as well as personnel file system now at Bureau of Interior have all been hacked into for years and SSA It and OIG have been unable to help me at all. as they have no access to do their jobs and find out who and investigate and arrest them for illegal acts done.)*
Again SSA has no constitutional procedures to follow on premium collection
EXHIBIT 26
CMS Manual showing no guidelines on Part B at SSA or CMS to handle appeals ( as well explained already in this filing) and neither does and recap of attempts to Medicare to get things done and sustain life and livelihood.
EXHIBIT 27
Violations of Civil Rights (1-53 that have been printed out and signed and legally filed and refiled to follow up with all the parties with some amendments noted in comments to each. This meets the legal criteria that has passed judicial review as a legal filing ass ling as it is signed and submitted by hand, mail or fax or other entity such as fed ex or UPS. . It has done no good to spend hours re writing when none is allowed to work the case and its the same plus more chaos and confusion crated over the work on our files not being done. There is 100 civil rights complaints legally filed by all three of us and never docketed in at the Dallas Regional Civil Rights office for HHS over years that has never been allowed to be addressed either. and I follow up at least once a week with Debbie Campos there who should be allowed to have them to answer.. HIPPAA does no good as the entities discriminating are not under the HIPPPAA laws and we are in several protected classes. I am also filed as retaliation for prior EEO activity that is still not fully resolved against HHS separate from any for SSA.)*
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Now to get some rest so Doyle and I can pull all together for the next actions to take.
Linda Joy Adams 9/7/15
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