Linda Joy Adams: Linda Joy Adams: Daily Recap 9/7/15: 38 Judges defied by ACS et al Exhibits 19-27: Medicare Hearing Case 1-3225833488: President Obama born in Topeka Ks son of Jim T Parks This is a series of links backwards of an actual transcribed brief of a recent Medicare Hearing All issues are similar and comes down to defiance of judges in all agencies that parts of my and our cases.
COVER LETTER
Part 1 General Overview
What is being submitted is not the typical type of legal brief for appeals, But it passes as a legal submission of facts and legal criteria as judges have stated that anything published on line, downloaded and signed by those submitting it qualifies as a legal briefing. and filing and document to address issues. and requests.
In every division of government we have had to file appeals as the laws are being defied is under the control of one CEO Lynn Blodgett of Affiliated Computer Services as part of Xerox which seems apparent it was a creation of theirs in 1988. Or one of over a hundred companies ACS has created over the years and partnered with and gained contracts with government at all levels and even in private industry. Thus creating conflicts of interest that trust trusting laws should have addressed years ago. yet it was done with few even knowing it was going on.
Congress took away any funding for civil nor criminal oversight of the government contracting process at least 15 years ago or longer. And the HIPPAA law for protection and privacy of out rights in the health field does not cover them or any government contractor or government official.
Yer HR 1063, does give authority over them if utilized.
There are trillions of dollars of the taxpayers money being spent inside these entities that has no oversight and what has occurred as always occurs by a few, when temptations go unchecked is major thefts and secret deals are going on right now. Since those in agencies know little of what is going on, its comes down to individuals like, me and my family being physically and financially put at risk to ferret out why judges and laws and rules are being broken and ignored.
What we find is many decent people work for this cabal at the lower levels who have no idea what is really going on either. They are given job descriptions that do not meet legal requirements of what needs to be done. And no one now has the authority to legally do lower level appeals as real government employees are to do. Many of them now have had lack of training or knowledge to know that they are still to be doing things, that newer hires have no idea is still part of their job disproportion. I witness this all over the government in areas not included in the matters we are appealing. yet real harm to all is ongoing on in those areas, too often contracted out resulting in the job duties not being done at the initial or lowest levels of the government as they used to be .
Even attorneys are finding it impossible to represent clients and know the ins and outs of massive chaos and then have rulings defied also. So its not just us. trying to function through the process ourselves. Part D Medicare has had posted appeal processes in place for months now, but NO ONE IS FOLLOWING THEM. Nor others in other agencies and sections available to any one online. Until all follow these , Any weakness in the process that need to be changed by higher ups will not occur. IS THE ONES IN CONTROL WISH THAT TO BE?
We do have an attorney of record for Linda's workers compensation. and third party law suit FECA required her to file. to pay back the taxpayer. , The case is accepted and the medical benefits are approved for life totally for Linda at federal workers comp. And the taxpayers suit languishes in a court house in Hudson County NJ waiting on FECA to figure up total damages by processing the back log etc. and the government refuses to represent the people so so that CNA and other insurers can be asked to repay the taxpayer. This law suit along, means that Medicare must label all my bills as a conditional payment to be recovered back. from FECA, etc.
So why is Medicare being allowed to be dumped on like this/? Why are lower rung officials at the US Department of Labor and other agencies not allowed to know the official records, but can only have what the their contractors change to be a new set of as they wish them to be by all their secret deals and actions for their own owners.? Yet lie to their own workers who process things that what they say is not the real set of facts at all from official records. or lie by omission and not let them know they are to do things differently or sending claims they pay off to be recovered from the real party that is to be paying. Oblivious to those I speak to who raise the issues hear in these appeals that its that tax money deducted from their own pay check that is being stolen and not sued for the intended purpose as passed by Congress..
WE ARE ASKING FOR HR 1063 TO BE ENFORCED BY THE GOVERNMENT ON ME AGAINST ACS ET AL AND THAT SHOULD START WITH INPUTTING OVER 15 YEARS OF OXYGEN INVOICES THEY HAVE BEEN PENDING ALL THIS TIME. ALL TIMELY AND LEGALLY FILED OVER THE YEARS AND OTHER BILLS PAID.
Some of these bills have been legally pending , in some cases, since 1989. Numerous judges and hearing officers have remanded them to be processed and paid and have yet to be done, Included in that back log is my 1996 request for permanent disability and a schedule award that has also been mentioned by them , too and ignored. All have been repeated and persistently been followed up on over the years by us. The US Department of Education got their done by early 1997 and waived my student loans based on my work related injuries, of occupational asthma, inhalation of toxic fumes with bronchial spasms chemically induced pneumonitis and all the heart and other issues that go along when the body can not function without supplemental oxygen 24/7 which I had already been on for some time. put on by federal workers compensation for life. and triggered the permanent medical coverage there
This is programmed into with enhanced security other government systems have yet to duplicate. under t he system under the 1988 labor law to save lives of those suffering horrific abuses of power and obstruction of medical that had gone on and has been revived even worse now in the control of an unaccountable contractor,....
This goes for the Civil Rights complaints filed with the HHS Office of Civil Rights who refuses to docket them in and answer them. That legally means all matters are legally alive and destruction of records does not make them go away for they are legally pending even if not physically there or input to systems.
Many Medicare contractors with custody of unanswered appeals have changed ownership and some have taken over the jurisdiction for our area and pending matters and may not have been given the back log matters. But it is legally the responsibility of the new owner or contractor that inherited the back log to take care of and we plead for them to do so And too many of them have ignored us.
Oxygen is the key . which ACS own management and others say is the trigger to start the domino effect of bringing the official system online with the dumpy one they created to obstruct life giving care. I am alive and broke over my family hauling liquid oxygen tanks and paying out of pocket that is covered for life by three health plans of which one is Medicare and been dumped on to Medicare So those not cooperating, understand that what is going on with me and my family is now more common place all over the USA, then one can suppose as reports come telling of premature deadly outcomes. in many ways and areas Children go to bed hungry in this country making up for theft losses by cutting food programs. etc. and it goes on and on....
HR 1063 does not interfere with the merits of ones workers compensation cases, But when on is already approved for life and claims are intentionally not being processed, they do have the authority to force them to do it. What has gone on is that without the claims being processed , it can take over a year or more to get through all the health insurers one may have to get to Medicare to make them pay the bills and suppliers can not afford a patient with that kind of illegal acts being done against them and the government does nothing,..
In my case, MEDICARE SENT A RECOVERY LETTER TO ACS as they called themselves the US Dept of Labor and ignored it and none at US Dept of Labor ever saw it and none answered it as all parties would have been given a copy. The judges said and affirmed on M09-1406 that not only was Medicare is secondary payer on me as the official records show which , they got; from the US of Labor and also ruled that oxygen was FECA"s bill. even though approved for life for a conditional payment by Medicare.
So WHY HASN'T THE LAW HR 1063 BEEN USED TO HELP ME STAY ALIVE.?. T he process should be altered so that the Secretary of Labor gets the bill directly , for it Medicare has been dumped on then OIG and others should be reviewing the matter for more than getting the bills paid timely and in the proper amount and not obstructing life sustaining medical care. and if it is a matter of them needing budget, then Congress should be asked for a few dollars to do so as.all lives do matter,
In many areas this has gone on so long that some were not even born when the rules and laws were carried out that still are the law. ignored.
We have digressed in so many ways into 'rumor and gossip running the government of the people and it is no linger by or for the people as our US Constitution says it is to be.
We raise issues in appeals and get judges rulings on these maters only to have them ignored as their instructions do not come form the government in most cases but from a parent company or an information giving company of he government which is being found out to be all he same international entity that the peoples of this world should never have allowed to take over the governments of the world and the control of the USA.
Government of the people as elected by its citizens has a responsibility to the people within that nation to over see that laws are carried out as intended to be and that the public monies and rights of all are upheld in the processes set up to carry out those laws. With legal processes i place that work if the laws or parts of the law are unfair, to affect changes that may need to be made,THIS IS NOT GOING ON.
Often the lowest rung of the judicial branch of the USA Constitution is now being carried out be contractors, They have no authority to answer legal issues raised and cite policy and interpretations of the agency they are contracted to. Even the lower level government officials can only do that, but THEY DO IT. or use it as part of the process f agency policy or interpretation does not permit the matter to be resolved at their level.. So that if disagreements on matters are not resolved in the initial appeals process then agency judges can apply legal decisions and citation to whether it can be.
But if not, then it can go on to the appellate level to have some discretionary judges to change agency interpretations or policies as being constitutionally unfair and not a proper application of the law as intended or a regulation as being so . Thus agencies are to take heed of their own judges in this kind of issue and make changes in how things are done .
Then if the matter needs to go on to the US District Court it involves issues that need attention and are set up properly for the particular legal issue to be addressed. But from the first level forward, all need to address the legal issues if only to say they have no jurisdiction nor authority to rule on the matter. Something all of us in the government who made decisions on appeals were trained to do, just in case the matter gets appealed further up. and are still supposed to be doing this.
In all of our appeals there is only two items, we know of that Medicare contractors did not code the medical tests or procedures accurately and improper amount paid. And there seems to be some skulduggery in hiding that these were done. as they are proper testing and a surgery that can occur for those with toxic and chemical injures.
Something that is being ignored in modern health care now with undue influence form an industry that we all use products made from in our modern world, but at times can cause devastating injuries . Instead of finding better treatments and cures, its being ignore and those injured cast aside in a health care system that increasingly '\ has no place for us. Yet our good doctors have the knowledge and training to know what to do and not able to get the care for their patients any more as they once did.
Oxygen is a major issue here. and has little to do with meeting medical necessity requirements as I do several ways, And keeping a heart and lung patient out of an expensive emergency room or hospital is able to be done in most cases by having the medical care in the home for use. In the long rung health care casts go down not up but by allowing common sense to prevail and is not occurring when a few who have been negligent do not wish to accept responsibility for an injury.
.Arrogance is considered a sin in most faiths or even among those of no faith it can cause grave harm. We are all on planet Earth in one human 'family' and its in our 'social ' nature to care for one another, even if we do not agree or even like each other. Using care and caution so others are not harmed is part of this . Many of our laws are there to prevent such harm to each other.
We have systems of laws as to who pays when injuries do occur and we carry all kinds insurance policies to provide for it. Workers comp is just one of these that covers those injured while working. And if a third party could be liable then we are to go ask them to pay back the employer or insurer.
For we federal employees , our employer is the people of the USA. And the current system is not good when the high level government official seem too 'close ' to the one being asked to pay back, instead of joining the effort to get the taxpayer reimbursed. Too often rank and file employees , like me ; are asked to take on billionaire Goliaths and their massive powerful insurance companies with no support from the highest level of govt. This occurred in Jersey City over 26 years ago as injuries threw light on corruptions upon corruptions that had been going on and had occurred that ended with the injuries in the first place,
A pretty new building was really a 'death trap' when the horrific worst things occurred AND TOXIC FUMES built up in the building and created a toxic cloud that eventually over took me and as it winded it way through picking up other chemicals that interacted and its a miracle that I and others even survived and some have not. These kinds of injuries are progressive and all modern medicine and oxygen can do is slow down the progression. Yet even those treatments are being obstructed for so many instances. Medical care is going to cost a certain amount to be provided , no matter who is to pay the bills. Those budget items cannot be cut in private industry nor in govt programs without loss of health and well being and life it self prematurely. No one should die before the time that modern science can allow life to exist. Yet often this is exactly hat is going on to day.
Those given the responsibility to carry out the programs and spend the money Congress has said should be spent and done, have a responsibility to see to it that those given the jobs are able to do them and are given the necessary authority to do them. Over sight its the checks and balances of the work done. For many years this has not been done and chaos and hardship and loss of best health, life and livelihood have gone on as our public monies keep being spent for what often is not known and the end result is worse than many third world nations, which the USA health care system is now often equated with. in many ways even though we have medical schools and those trained to help who are being crushed under those entities of sometimes grievous corruption and not being able to do the best they can for patients.
And this is going on throughout other parts of the government that my family and I are not directly involved with but have some times found out we were and did not know of it , also, But also to those we have net worked with and read about.
For these appeals we are preparing a type of format with a page of those to be notified and another of legal citations. as best we can put together. And another of what we wish to accomplish with the appeals. We do not have a huge law firm with a 100 lawyers and staff . We are broke just having to overpaying on Medicare premiums as well as other health care insurance and paying for medical care already approved to be covered just as home liquid oxygen. As the one in charge in this cabal is obstructing the process for reasons only he or his 'bosses' know why. that has nothing to do with the law or approval that is already approved. for payment.
Chaos has been created all over that has led to those willing to do wrong to take advantage of this lack of over sight of the ones actually given the money and power to spend it. And its usually not those holding real government jobs at present. If any of them are doing unethical or criminal things, then they need to be dealt with by our justice system. My personal experience is that ignorance has allowed "gossip and rumor to run amok" and that ignorance of what the rules and laws are is spawned by lack of training for who is left in the government to even know what the training is to be. For nearly 3 decades now those who program our computer systems as non government entities have been allowed to interpret the laws, and rules with no proper guidance and maybe be some that had other agendas other than constitutional ones were able to take advantage due to lack of over sight,.
All we know is that we are filing papers in ORDER TO STAY ALIVE AND HAVE ANY KIND OF LIVELIHOOD. We choose to live and INVOKE THE TERI SCHIAVO LAW FOR EXPEDITED APPEALS AND HEARINGS TO BE DONE THAT HAVE WAITED SEVERAL YEARS FOR AN ANSWER IN MANY AREAS. WE ASK FOR EXPEDITED HEARINGS FOR THOSE RECONSIDERATION'S PENDING FOR YEARS THAT HAVE NOT HAD ANY ANSWER ON THEM. AND THOSE WHO HAVE SOME, AND CAN NOT RULE ON THE ISSUES RAISED , SAY SO SO THE AGENCY JUDGES CAN .
We appreciate all any one can do to move this along , applying all needed processes and citations, etc. so that the struggle for our rights and life and health do not have to be a constant appeals done that get ignored and systems hacked into and those suing them being oblivious to the hacking which altering these is considered ;hacking ; by our high level IT officials.
We are not attorneys, but at the agency and contractor level, we are not legally expected to have all legal citations, and all issues 'tied up' in legal format. We do our best and the issues are very real and often are only citing what the agency judges have already ruled on and been ignored. causing more havoc for all our rights and harm. This is a struggle for each and every one now under this system that has turned into more havoc and chaos then a well defined legal process that all should be able to maneuver through to gain rights they are to have. even if they do not have assets for legal help. and the law, if obeyed would have been resolved at the agency level Every agency listed above has unanswered appeals as well as judges orders and or rulings being ignored. WHY? Many times, ACS et al has not let the government officials even know they have been filed and gone unanswered as they control who gets to know. each one who is under these is contributing to the chaos being created for all us to suffer under.
Address the legal issues raised , if only to write you have no authority to rule on that from the agency or Congress. that is an answer that can move things forward so some higher up can make needed changes so the process can be made better for each one to plead ones case for justice and rights under the system of government under the US Constitution,
Linda Joy Adams 9/8/2015
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