Violations of civil rights page 32: dear doctor/ recap of why ACS was given the contract

Thank you for seeing me and getting me into a specialist so fast. i started physical therapy as surgery didn't seem to be the best option. My knee is much better. I have exercises to do which the exertion isn't good, but its better than not having use of my left knee. By last Friday different events had occurred that left me sinus problems  which went into an infection with a low 99.2 fever at first.  Its been a long time since I've had this and didn't recognize the symptoms at first. ( The sinus  surgery that  I had has greatly helped along with using a very small dab of generic Bactorban ointment 2X's daily, nasally, which I'm getting about out of. too.)I had some generic Ceftin on hand and began taking them Saturday. I don't have a 7 day supply.  Would you be able to phone and order a refill.of the generic ceftin? to the Durant walmart? The generic they carry has been tolerated. I have been taking 250 mg 2 x's a day. Within hours of the initial dosage, fever broke and the sinus pressure began to subside. I am taking it easy and keeping away from  exposures as much as can be done in this modern world. I was unable to go to physical therapy Friday due to chest pains which rest didn't ease as usually does with a nitro pill which I rarely use. Hopefully, I can get Physical therapy rescheduled to complete and have continued the exercises at home. I do appreciate those at the  physical therapy center who have used  perfume free products as much as possible; but its still has caused sensitivity problems as its nearly impossible to accommodate someone like me and be open to the general public. Which is exactly why Federal workers compensation sent me home twice since  1/10/1989; the last time in 10/94. ( With file  still missing' my claims examiner doesn't know that and I have recontacted Lynn Blodgett, President and CEO of ACS to seen what can be done to get it reconstructed as the last three appellate judges ordered done so the mass chaos and misinformation that has been spewn about by those who either ' don't know' or ' don't want to know" can do as the law and judges have said.  A system was set in motion a decade ago that should have left the medical providers out of any pressures in providing good medical care regardless of the ' cause'. ACS was given the contract to post all submissions whether coming from the injured worker or the highest appellate agency judges' panel. no one was to interfere in that being done. The bill was to be sent to DOL for payment and ACS has plenty of lawyers to collect their fees. Too often, in the past, mysteriously claims files would ' disappear' or parts of them in agency offices causing obstructions of rights and medical care and doctors were ' harrassed' or what they should or should not do.
Contracting with ACS was to have stopped all this as long as the patient had some health plan to pay the bills that the doctor accepted such as federal Blue Cross/ Blue shield. Either the doctor could bill ACS direct, or federal blues or other health plan could then ask fro reimbursement from them. There has been a recent memo posted on their site to make sure id9 codes are an the submission. There are 3 primary ones already accepted permanently for occupational asthma, pneumonitis and inhalation of toxic fumes with bronchiospams all related to toxic chemical exposures. My claims examiner Teresa Davis and her manager, Christina Stark don't even know this as the info is in the missing file which was sent once by the appellate judges in 6/04 to set up initially and again by me  with the permission of the Sec of Labor's office officials in 2005. Both complete sets have disappeared and I was forced to go back to the appellate judges because , the local OWCP office, again, ( without the file) "mistakenly?" thought I Hadn'tt returned to work in 1990, when I did and resulted in 240 EEOC complaints, and over a dozen union grievances and  plus a whistle blower complaints because the very strict reasonable accommodation that had been agreed to , in writing , by my agency Social Security , a Health and Human Services agency at the time; because nothing was done and I was even denied the required right to work with the disability coordinator for the region as is for any handicapped employee to assure reasonable accommodations were provided. The end result was EEOC sanctions, and an admission, in writing, by SSA , that they couldn't provide the accommodations as: they couldn't build a building just for my chemically induced asthma. Claims are still pounding for other body parts that get inflamed too and the rapid progression of harm to other internal organs/ All the while parts of my owcp files were ' going missing' in the Phailadelphia regional office.
After the ' beefed' up security, and a remand order from the appellate judges, progress began to slowly occur to get me out of the increasingly life threatening situation.
At that time, your treating physician was also an agent of the govt. That has been changed which allows doctors to freely treat without having to justify where an injury or occurred. Its a ' protection' for doctors that should have opened up a greater number of doctors willing to treat an injured federal worker.
When I moved to the Dallas region, my owcp file followed me from the security the Philadelphia office had  begun to provide on my files, to one with rampant insecurity on files. Soon my file fell victim and four years of my life from 1990 to 1994 were ' gone' in a felony destruction of official govt files and soon I was ' dumped' out with misinformation scattered. Some of my co-workers have died that were also healthy and even younger than me. This is a progressive, debilitating disease, but one can live many years with it if the progression can be slowed as modern medical treatments have been ale to do and compressed air oxygen is a big help in slowing the destruction of other internal organs such as heart, kidneys, etc.
I still contend, that if these treatments had not been denied me and non-exposures to minute chemicals that now inflame and didn't before I might have been able to have sustained some kind of employment for the federal govt.  I even took and got an A on a test for a job where i could have reviewed files at home and little additional training would have been needed  with my 20+ years with the agency. The agency cited "security' reasons and still does for anyone wishing to work from home. Currently there is a big political debate that's on going in   Federal agencies on this. some agencies did do this, but then ones home  had to be inspected by OSHA, etc. I would have agreed in order to sustain employment without injury. Granted some exposures would have occurred with some injury, but none like the high level in  a modern office environment. A TV series even featured a chemically sensitive lawyer that had his books and files in a clear ' bubble' as he reviewed them. But the physical toil was too great and medically my doctor could not sign for permanent disability until 1996 as it took that long to decide maximum improvement which wasn't enough to  return to work. The medical documentation that ACS has withheld from my clams examiner is extensive. and tests rerun in 1999 and 2004 and scince then show that my recovery was not sufficient to send me back to any kind of employment. The US dept of education even waived student loans based on my occupational asthma and extensive records and ruled that not only was employment not an option but so was education and trainig were not physically possible. I had entered seminary as, not being told the truth that this was a progressive disease, had attempted to obtain a different kind of employment away from the modern office environment. I was to have had another semester where I would have had to work as a hospital chaplain.  This was the last obstacle to graduation and would have resulted in chemical exposures and injury exacerbations. The seminary accommodated my disability and allowed me to write a report and used my years of experience with the public at SSA and in my church visitations to the sick and hospitalized, in the past; to allow me to fulfill the requirements in 1996. And  my diploma in the Spring of '97. They used the medical reports in my workers comp file ( that are missing) to justify this. This is a major, fully accredited, east coast seminary.
Although, I;m not able to accept any paid positions, I can be a prayer warrior, which is an unpaid position.
I'm praying now for the few that have done such terrible wrongs and the others that have been misled and misguided into discrimination, but the physcial and monetary damages can't be prayed away.
Contracting with ACS should have ended the on-going discriminations.
Every Federal employee has the legal right to file for Federal workers compensation and have their files left intact as the merits of their case is reviewed and decided based on law, submissions and the constitution.
 Only the US dept of labor, the worker's agency, the workers and representative are to have any say as to what happens with the case, and all parties are to know everything the other parties have before them. No other party or agency is to be interjecting into the process and deciding judges, or hearing officers or claims examiner, etc. decisions should be ignored or usurped. The highest level is the decision. There is a legal process for this and my agency has never controverted the case, nor chose to interject in  appealing any decision. There was  a couple of times that continuation of pay was started form 1990- 94 and the employer HHS decided that I shouldn't receive cop but wait for owcp to decide on regular wage loss. SSA has agreed to do the leave buy back. To date the formal decision from owcp on the periods of time I tried to work  since the first 45 days of continuation of pay  ended in 3/89 has yet to be done by owcp, despite multiple appellate orders to do so. For even this, the file is needed that contains the medical documentation, doctors orders, test results, and CA1's, CA2's and CA2a'a in the file. Without the file Ms. Graham, claims examiner tried to do this and has caused more chaos. The file contained these and the judges say them in '04 and mentioned them as never having an initial decision. Agency judges don't have ' contempt of court' powers as do regular courtroom judges.  Its expected they be obeyed if not appealed.
If the Continuation of Pay   of 6/92 is to stand, then HHS owes me money back. It has yet to arrive.and nether has any amended w-2's forms so amended tax returns can be filed to recoup income taxes paid that were not due. OWCP law overrides everything! What other employer would be allowed to not issue w-2 forms that reflect accurate income?
This is why the judges in 2/09, the highest in the agency said;  ask me for the facts of the case. That has not occurred. I wish to present the facts that are clearly  defined already in the file and were submitted  within the required timely filing dates. The judges, also, said: accept my records that I did return to work in 1990, the ones that went ' missing, over and over' and which sets aside the reason for  cessation of wage loss after 1990. The hearing officer did not make me liable for any overpayemtn of the wage loss in 1999. Indications are that what I'd submitted had ' disppaeared' before the hearing officer got the file. As one can see this kind of felony destruction of records when a workers is being discriminated against is horrible. I already had permanent medical benefits awarded as of 1/10/89 that could not be overturned due to felony destruction of records. Remember, in 1994, my records were accepted to start my wage loss and benefits then and that is a precedent. In both 1994 and in 9/89, HHS-SSA refused to complete CA-7's so wage loss could start. In '89, my claims examiner Ms. Rivas, in the New York regional office for the US dept of labor, called and got the info over the phone from my agency that was needed only to have the proper paperwork not completed when I returned to work in 1990 and they started taking out double insurance premiums, as if I was just out on a voluntary leave of absence for personal reasons and I had to submitt info from owcp to show they had withheld it from my wage loss checks. When ones agency disregards ones rights ad refuses to obey  the law, then the worker has the right to provide the documentation. I submitted every pay stub, leave slip, and even the EEOC documentations trying to get my agency to complete the CA-7 to certify my leave records over to OWCP. They say they did and OWCP  'lost them.' but didn't send me a copy except for some isolated periods of time. The claims examiners in '09 and Ms. Davis, recently admit they don't have any of the records except for some isolated pages, that are more misleading then helpful; and the proof is they should have them supplied by ACS not discriminating and posting my file, even if it was 35 000 pages the first time in 6/04 when it arrived from the judges with instructions to do things that dated back to 1989 in some instances. That means the entire file is needed.
When Christina Stark called me after Medicare started collections for pay back of the bills they paid ; that their judge ruled were owcp's and are according to the internal dept of labor documents that my claims examiner can't have due to ACS not posting my file- seems incredulous, but Ms. Stark, Graham and Davis admits its not available until ACS sets my file up and inputs the 11 years of oxygen bills which I was recently told would bring my file on line with the official US Dept of labor computer file that posts bi weekly to the the Medicare computer at Medicare's contractor under owcp contract for that never to be altered. There is a ' glitch' as the start date  for the injury can only go back as far as my date of entitlement to Medicare which is 2 years and 6 months after the last time I tried to work in 1994 when my family doctor said I would ' die' on the job if I tried to return. That's how bad my physical suffering had become from accommodations not provided in any way and resulted in EEOC sanctions against HHS-SSA. SSA became an independent  agency at the time I went out on OWCP the last time. I did settle with SSA, but the complaints against HHS are still legally pending and the new violations by their agency officials and contractors has resulted in 25 new civil rights complaints that include current happenings as retaliations for the EEOC matters against me and family members whose health care plan status is tied to my status on my Federal employee health benefits, which does not receive an official posting form the us dept of labor and has chosen to post whatever they please from whatever unofficial source to ' dump' the bills on to Medicare and even medicaid creating overpayment liabilities that we have to constantly appeal at great physical and financial expense. And most are throwing away.
The ideal of stopping abuses of power by a few individuals who have whatever personal or material reasons to discriminate have not been fully stopped. After years of appeals and discoveries since ACS took over possession of the squirt on my owcp files, there seems to be less security  than before.
If 2 US dept of labor contractors had legally and constitutionally complied with the terms of their contracts, the discrimination could not have have occurred as they have and are occurring. ACS is not the decider of fact. They are to process all submissions into an organized computer file that can reasonably be accessed and worked by those with authority to do so.
Their bill payer unit is to be on line and not decide which bills to submit but submit all and use all the diagnosis codes submitted. My current pulmonologist as has the others. have listed the accepted conditions and have run the tests ( missing) to substantiate them and have them listed in their medical records that I have submitted and so have they. In my case, pulmonologists, cardiologists and ear nose and throat doctors are treating the accepted conditions as they and others have done so in the past and been approved. That is a major problem with the file not being set up. Over 3/4ths of bills approved and treatment approved is not on their system, that I first had access to in 1/10 and promptly filed a reconsideration that has yet to be given to my claim examiner and answered. There are multiple ones in file that go unanswered including the repeated certified mail requests for arrangements to be made to get the my file ( facts) submitted so the case can be worked and my life sustianing medical care not be in constant jeopardy which is occurring now. With three health plans approved for life, Lincare , the monopoly supplier, in my area of compressed oxygen is denying service as you all pulled up an offline computer file and told them that some ' third party had given me lots of money including the money to pay them for the 6 years they carried me without pay; after Ill blues took over from Ark blues and decided Medicare should pay my bills based on ' unofficial info' even taking back monies paid to them that should have been recouped from ACS for owcp. It took me until 9/29/2010 to get the appellate judge's order from Medicare that this is owcp's bills.
Medicare Coordination of Benefits has been violating their contract with owcp and although they left the owcp info ( with wrong injury date on system and not expain why its wrong to everyone( injury predates entitlement to Medciare) they proceeded to change my employment status continuously by moving fed blues to secondary so Medicare could pay primary. When Lincare dropped me. Medicare did pay my new supplier, who was forced out of business in 1/08 due to new Medicare regulations that forced small home health agencies out of  compressed air service. ( They are now required to hire a respiratory technician for compressed air patients but not concentrator patients) Few can afford to do so for  a few patients.) And my HHS civil rights complaints have named this discriminatory regulations. ( Concentrators give off low level ozone fumes that are life threatening to one with my conditions and all three health plans, Medicare, Fed Blues, and OWCP have approorved me for life for the compressed air.  My son is hauling tanks from the manufacturer and paying out of pocket for me to live  for three years as Iwait for ACS to stop discriminating against me. Until the file is in tact and in front of the cliams examiner , we can't even discuss or point out pages or issues. The local office is forbidden to have any paper due to lack of security. Even the most recent CA1 @CA2 filed on the secondary/tertiary issue this month was receipted in their mailroom and sent on to ACS. ( Found out when mail receipt came back from 525 Griffin St, Dallas, TX and i called to see if mailings could now be seen by cliams examiner. ) No change: faxes, mail, even hand deliveries go to  ACS before the claims examiner can do anything about them. (One new employee that ansered the phone last week didn't even know it was going to a contractor.  The letterheads indicate that they are the US Dept of Labor and they aren't. ) My claims examiner is not allowed to see it until its posted with the rest of the file. yets bits and peices get through. it would be better for nothing to be posted and then eveyone would know the file wasn't being made avialble at all. ACS doesn't decide what is pertinent for the cliams examiner to see. This is why I stated in my initial reconsideration on the 3/28/11 that it appears the source of what Ms Davis had was from Medicare's collections contractor, a subsidiary of Group  Health as is Medicare Coordination of Benefits, also. There is no inactive federal employment under owcp. One is actively employed under owcp jurisdiction until owcp puts one on permanent diability through them Permanet disaibit is done with a schedule award for loss of body parts ( us) and can't reasonably even be decided until all the other issues of what is or is not accepted conditions are finally determined and the treatment meeded. That's why the jump to schedule award is ludicrous and harrassing in context unless the settlement from owcp allows for so much monies to be paid so that  all past presentt and future medical care is provided.  The current law doesn't provide for this to be done as might occur in a personal injury suit.This is taxpayer monies and bills need to be itemized. There is a buy out option, but it entails a line of credit go to ones Employer group health plan to use to pay bills with, more contracts for all parties to agree to. That's why the processing of all my bills, and issues are so important to my continuing life sustaining medical care. The future amout is predicated on the past expenditures and they are not part of the computer file yet.
When Medicare Coordination of benefits alters the official info from us dept of labor, they allow the legal processes of conditional payments to be circumvented and the us atty's call this misuse of ssn for theft and so do the respective office of inspector generals that have no authority anymore over their contractors. At present, due to current laws nothing can be done criminally, and one patients bills are not enough for attys to take a Case on a contigency basis. Civil rights is  the solutions as I am being discriminated against because I am an elderly woman over 40, with documented  physical disabilities and  whose religious belief is that all life is valuable.
Why is that a religious belief? Its becoming a minority view! Society and those who discrimiate seem to have the belief that when one is old and disabled and no longer able to ' physically work  then, like primitive societies, we are to be ' left at the side of the road to die as our life  has no value. Our wisdom of  years of living have no value. and our ability to pray for others has no meaning since those abilities can't be equated into a paycheck. I personally believe is started with ROE v WADE when the issue of medical necessity for the precdure of abortion to occur was cast aside for freedom to ingnore the issues of life having value itself. .Most of us who believe in all life has value, recognized the choice  and medical safety issues and initially didn't realize that it would become so rampant a choice with the societal consequences of the degradation of the value of life. 
Too many injured federal workers have lost their lives prematurely over the obstruction of their medical care that hiring ACS to prevent. and having decsions about the liegal staus and legal line up of who pays first in healh care taken out of the hands of the other contractor, Medicare Coordination of Benenfits so that alterations had to be based on official decisions, not phone calls, gossip, rumors or wishful thinking by anyone.
I have tried to obtain a copy of ACS's contract with the us dept of labor for several years with a run around.
I do know that all govt contracts, to be legal, have to include a clause that all laws and the constitution have to be upheld and that includes not discriminating against any person due to their protected status..
 There can be no ' secret'  deals  that usurp this, no can any individual threaten them with loss of contract if they choose to abide by the law, etc. They are to to do the work contracted for all, equallly; and send the bill to the contracting agency.  With judges's orders posted clearly for all to see on the computer file, the bill couldn't have gone unpaid. And the ACS employees thought this would occur when they had me redo all the bills back to 1989 on the new forms they were using back in 2005, when the first 35000 pages ' walked out' of their London Ky office unposted in 2004. When the Tallahassee Fla office read the jduges' remand order, I'd provided they had no problem clearly understanding that theirwas work to do back to 1989. Neiter did the US dept of labor employees that agreed to this reconsturction process. Agian London Ky ACS didn't post the file. My extensive and physically exhausting phone calls led me to Horace M. Cooper chief of staff of employement standards who had ordered them to discriminate saying he wouldn't pay them. Last year, he pled guilty in the Jack Abramoff bribery scandal after I had sent my publicly posted letter ( washingtonpost.com)  to Lynn Blodgett, President and CEO of ACS. Aftertheir ethics compliants dept did nothing to help many times I begged. He promptly went to the new regional office manager, Christina Stark, who proceeded to check only an office computer file that had not been updated since 1998 when actual pages of a file and letters form judges, etc were not posted. (Its pretty sketchy) doesn't even show reasons for actions. She proceeded to send out a letter based on that and not the 2/09 jduges' orders which caused more confusion and chaos with regard to my medical care. Mr Blodgett didn't inform her that the file wasn't available due to his company, ACS, refusing to post it, according to her.
When she called me in recent months she admitted she had no idea anything had occurred since 1998 on my case and wasn't even aware that Ms. Graham had made a ' chaotic' attempt to send me some monies without the file. That in itself raises a security issue that this could occur off their in -office offline system? What else has been paid? Ms Stark did not see that in 2005, after Sen Inhofe contacted their office, almost $10,000 in travel voucher monies were paid that had been ready for payment since 1998 but were never sent when the four years of my life in the file went missing to justify stopping monies from being paid. ( included the travel money for 1/10/89)was not itemized and more chaos as no one knows what trips were or were not paid or why. The Philadelphia office always itemized expenses, but Dallas had no system in place to do so and the hearing office said they had to get it done.
This illustrates why ACS was hired and MCOB was hired to assure civil rights for the workers and the end of abuses of power by anyone. If Congress wants to replace owcp with something else they can pass the law' but workers compensation laws are a big 'check and balance' item that was passed to insure that employers, even the federal govt take the responsibility to provide a safe work place where the worker should not be injured  due to someones negligence or due prudence of care.
Our laws are such that other health plans can pay for medical care until benefits are awarded by workers compensation ; then they are not in the business of just paying for bills that aren't legally the plans.Legally aren't allowed to on govt funded plans. Few of my bills should have to ever been paid by My employer group health plan nor Medicare  because of discrimination. I'm an old disabled woman with religious views that values life even if I can no longer work. No one should be able to ' walk all over me because of it and the laws says you can't.