Linda Joy Adams: : Linda Joy Adams: DAILY RE This is a series of links backwards of a submission for and from a Medicare hearing and appeal.
REQUEST FOR EXPEDITED HEARING AS RECONSIDERATIONS ARE NOT DONE. plus other matters SSA has not addressed.
DUE TO NO CLEARS GUIDELINES FOR ALL TO FOLLOW
even at SSA and CMS, matters that are clearly the jurisdiction of SSA got sent to Medicare judges and systems were hacked and appeals deleted over the years at SSA since 9/2000 which eventually ended up in the 8/5/09 Hearing file sent to the SSA judge but apparently sent over to Medicare Judges and never heard. and we weren't informed of this nor that any systems records had disappeared until after some items sent to the SSA hearing office to be associated with the 8/09 pending hearing that had completely disappeared from SSA got answered as a dismissal in 2011 ONLY ON THE DISABILITY INSURANCE as the file was not there for the judge to see and somehow that is all the judge knew of was the disability issue from the few pieces of paper to associate. But the entire matters of all titles were still pending as a reconsideration with SSA local offices.
There are times when chaos has been created , from long delays and interferences that should not have occurred:, there needs to be a hearing to sort out what has occurred especially when two separate agencies are sharing the same file and ending up with nothing being answered that was raised in the filing. The same issues have come up time again between agencies and Office of Personnel Management which has also created more havoc and chaos for me and not all having all the official info to use when it is badly needed for even life sustaining medical care to be able to be provided. Its why those is a published on line, non traditional brief attached to the appeal requests for the only access for one who is working my cases some where to even know what is going on.
In 2011 the SSA judge did sate that Disability Insurance reconsideration HAD NOT BEEN DONE AND NOTHING HAS BEEN DONE ON THAT SINCE 2011 despite numerous follow ups. . And the issues in the 8/05/89 that clearly belong to SSA on the Retirement Insurance issues have not been addressed either as that reconsideration has been pending since 2006 unanswered and now covers all the part b premiums issues still remaining that got sent to the Medicare judge, but he did not address them either saying he was only permitted to deal with the enhanced IRA which was already resolved through the efforts of many at IRS and their contractors. and do cover the issue of how the math problem is done for the GPO offset which is SSA's jurisdiction. plus the penalty for late filing is not right and never answered either. etc.
The Medicare Judges back in 2009 and the appellate affirmation in 2009 on M09-1406 already stated I was still active duty as that is what the official record's show there. which the local office at DOL does not have access to . Few seem to have access to much of anything that legally needed to conduct the business of the people and their government.?
SSA , my own employing agency turned everything over to the US Department of the Interior and files and documents disappeared so that apparently SSA has no idea who still is their employees, especially if transferred out to FECA, but not yet retired per their law overriding all laws for us ;accoring to the General Counsel for OPM. nad former acting Director of OPM for ashort time in 2009, And once one is under FECA one can not even choose to retire until FECA ( Federal Employees Compensation Act) gets one approved there for permanent disability and then one chooses whether to continue payments or do a buy out. But that come after the schedule award for loss of body parts which has been pending for nearly 20 years now before the interference and files gone missing, etc. but as leaned more recently if the OK state agency had not allwd the interference with their job, FECA could have adopted the decision.
Some reports and CISID were that we under FECA and our dependents are among that 85,000 that did not get our OPM hack letters in the first round and so far have not received ours in the current round of letters. So the disconnect is even more chaotic when four entities have jurisdiction of one employee. OPM,; SSA, DOI, ; and US DOL. Often we are the more vulnerable to hacking as often we are forced to sue billionaires on behalf of the taxpayers to reimburse the taxpayers for our injuries and mine languishes in a court house in NJ waiting for FECA to figure up the total damages which occurrs through the schedule award process.
Or there are other interests at play as in my case from the toxic and chemical and even tobacco industries as the NIH research on toxic and chemical injuries was done as a part of the tobacco research even though tobacco had nothing to do with the job injury . That legal conundrum did not get broken until 2009 by the FDA. That in itself should garner extra security on all records. also one should pay heed to not follow every verbal comment as what one might say may not be factual and why the file and a chance to have a hearing or meeting is crucial, Plus we were in a new building that could not have legally passed city. state or federal inspections before we even entered to work in 7/88 and on 1/10/89 real harm occurred. So many with inside access have never been cleared of illegal or unethical acts that led to the events of 1/10/89 etc.
Also in that 8/5/09 hearing request that has never had a hearing and not available to the judge in 2011 nor any systems records, either includes an SSI reconsideration that has been pending unanswered since 2002. for a back period of time before 1999. along with the disability decision not done before 1999 nor as of 2/000 to even see if I had recovered or been cured? when the appellate SSA judge remanded the case to the OK sate agency to do and did not do what they were asked to do . and compounded the chose and obstructions of medical care with too many aiding the wrong doing. Again the medial records disappeared from the reconstructed file I had sent. and no hearing was held to see things were one as they constitutionally should have been. yet the file , if any survived should have indicated something was badly wrong. THEY HAD NO FILE AND NO ONE CONTACTED ME. and a decision was being made that went back before 1999 which is all that was considered for the SSI claims that the appellate judge permitted to be considered for 1999 only at the time. and I was not eligible for any other period of time before that for several years due to income from workers compensation that exceeded the SSI rate/.
SO HOW COULD ANY JUDGE OR ANY ONE ELSE LEGALLY HAVE DONE THE SSA DISABILITY CASE FROM THE 2/2000 REMAND WHEN NONE OF THE MEDICALS BEFORE 1999 COULD BE USED. before and they did not get to them ? THERE HAS BEEN NO DISABILITY DECISION DONE BEFORE 1999 TO KNOW IF I WAS DISABLED FROM ANYTHING BEFORE THAT DATE. UNTIL STATE AGENCY DOES THE DECISION AND REVIEWS MY MEDICALS AND CONTACTS MY DOCTORS. ETC. i have not been legally approved for any time before age 65 for Medicare. and I plead this be done and all the harm rectified. And a waiver request is in file should it be found I never was. but all of my medicals do indicate I am from my work related injuries. Surely if any one had even had my files to review all of this they would have figured this simple fact out and done what is needed to be done. Get the disability decision done as is routinely done. And if any one can locate that consultant exam with the pulmonologist report form 1999, I would still like a copy please. Which I asked for in writing back then.,
This simple fact has eluded everyone making decisions on the mater. If the legal system can still hold someone accountable then it needs to address this. And for others, it more reason for the need for hearings to be held when things get so complicated due to some real skulduggery on going that still has not ended and has to for any semblance of Justice and constitutional rights to be restored .
This SSA claims file is over 26 years old with several complete disappearances of it and numerous reconstructions. The voluminous file has been caused by constant interruptions of the process and work on the case. In no way should the claimant be blamed for just trying to pursue her rights in the matter.
There has been no adequate security on my government files in any agency or contractor since 1/10/89 when I first became a sort of precedent case for my SSA office and later as a type of medical precedent case as the AFL-CIO said. many big interests have had interests in this case not going forward in all agencies which even surfaced at the 6/92 hearing which did not resolve things as the raw data on medical tests such as EKG's, blood tests showing kidney disease progressing etc showed the full nature of the disease and injuries. the VR specialist seemed more interested in making it possible for me to go work at IBM where their employees had already began the process for a class action law suit doe tot he halogen has in the air as a coolant for the computer chips, etc. the last place one with chemically induced pneumonitis, etc could be. The interference into the SSA Disability process is there and why extra prudence and security should exist for cases like mine. But maybe all should be afforded security of records as an equal right.
But no doctor had yet commented on them , as they later did.. I understand there were about 6 of us in the USA who got some form of benefits or approval based on our physical injuries from toxins and chemicals soon after the research came out of the National Institutes of health. All of this is explained in the attached. etc.
I nor my representatives should not be blamed nor defamed for the volume and chaos that has been created when files get separated and systems inputs disappear. AND WORSE IS THE INFO OS A DIAGNOSE SPEWED ALL OVER THAT EVEN THE STATE AGENCY SIGNED HAD NO MEDICALS TO BACK IT UP. This has been the worse violation of any claimants privacy rights and worse since it had no truth to it. and has been used to ignore even basic constitutional rights to pursue legally filed claims.
All this has been reported to our OIG, but those who are the parties involved are at the highest levels can order who or what is criminally investigated. And currently government contractors are not under the criminal laws due to no budget from Congress, so it is proper at present to deal with all these issues as a civil matter before agency judges. to rule on the legal issues. HR 1063 is now law to enforce matters at Medicare, but as yet my requests there have not been answered. And recovery of monies by them from ACS et al. is said to begin a domino effect if they do not do so willingly. attached it a letter to President Blodgett. who holds all power in all agencies dealing with all of these matters. and is said to be personally involved since 2009, but he has never asked me or contacted me as the Judges in 2009 said I should be asked for the facts. as no one else seems to know what is going on. And its not always easy for me to comb through the chaos to know what to file or where when too often nothing even gets answered to say it was the correct way to go or nor.
So this is filed as Hearings with SSA rather than an Appellate review as that appears to be the proper avenue. In 2011, I did not file the formal Appellate review but it ended up there and delayed things more, When one looks on the MBR, it can be misleading as to what has transpired. its why the files should be archived in the system like the pdf files, All should be there just as our paper files used to be so if there are questions as to what the rulings were even about then that would be available if not on the MBR itself. And there are few in the agency that should not have access to it as what one does on the system is tracked by ones own PIN to know if the access was for legitimate agency purposes. With the software for a word search by hand writing or typed, much of the confusion and chaos could be eliminated and every ones constitutional rights enhanced as now mine has been eliminated when the files are not available or deleted.
Also is in files are numerous SSA 632's on medicare over payment's which SSA has not answered although they signed an MOU with CMS back in 2005 to handle these kinds 'against equity and good conscience' where no financial info is given. No one at CMS or contractors are doing these either so we can't get rights when their ID and claims are stolen and used to steal from the Medicare trust fund or their systems hacked into that are privately owned and no way to stop it. as no budget from congress to act.
Plus the SSA 632 for any back SSA or premium over payment. which the disappeared form SSA w but did not rule on , never was not answered was all in the 8/09 hearing file to get an expedited remand back for all these pending reconsiderations to be done at SSA that still have not been answered. Plus it now appears that government contractors are doing the Medicare Premium issue ones and why the legal issues have not even been addressed at all as they have no authority to do so , nor training on the matters. and hearings got filed for a judge to be the first one to even consider the law in the matters clogging the long lines that should be open for those who had legal answers and did not agree. Indications are that some disability decisions are now being contracted out by states and no wonder the back log. They could be trained, but they need the authority to make low level 'judgements' which has never been granted them by our elected officials. yet he letter head and appeal rights say it from SSA and to be filed with SSA to the last one filed and answered in 2015 but ignored the legal issues raised that are very valid. the one on the GPO math formula , has been an apparent ongoing issue for 30 years and I have no knowledge it has ever been reviewed by a judge and needs to be. This is not about whether the Government Pension offset is valid in itself, as that did have some judicial review as I recall and held up.
Of course if there had not been the constant illegal acts against my FECA file at US Dept of Labor and now contractor there would have been no part B Premium issue to raise except for the over riding one of the last 30 years. some one some where may have pending , but I am not an attorney and no access to Lexis nexis, etc to find out. . but the file clearly shows that no penalty should ever been assessed for late filing and would not have been if the legal issues raised had been addressed. All this is in the attached. and I should never have had interruption in coverage etc. This victim has not been restored rights before the illegal acts occurred as should have been done.No one was arrested, for the US Dept of Labor crimes, against files, etc from their criminal investigation. , but drastic measures were taken to secure files by giving them all in to the custody of Affiliated Computer Services and no one in the government allowed to have anything until they posted it, Not even their own judges remand orders. .
This on going illegal issue got compounded when they did not post my file and between three agencies, this one entity is in defiance of 38 federal agency judges now and has led into actions of various agencys' officials , even at SSA,. who either take the verbal word of ACS et el bosses For if they do not they have no official records to refute the verbal misinformation. and why i need to be asked or hold the hearings to clarify things and gather needed info together.
Doyle also has hearings pending that have been ignored and disappeared both filed with SSA and Medicare but we think were all sent to Medicare's ACS et al contractor now.? . But we think all those were sent over to Medicare, including the ones where decision were initially done in the name of SSA, but well may have been done by CMS contractor, as we are beginning to surmise. there seems to be no change in law that when a contractor sends a letter or decision it should clearly state their corporate name and state they are a contractor for the agency and if they are sending the letter on behalf of another agency it should also state that, too. If for no other reason , all know who is doing what and WHERE THE FILE MIGHT BE IF NOT ON THE SYSTEM RECORDS EACH AND EVERY AGENCY INVOLVED CAN ACCESS TO SEE.
Our own SSA IT department and OIG are ell aware that security protocols are not on the system as they should be so that those 'inside; do not go in and change data that is not to be changed at all. Even if motives are pure. SSA OIG has been denied access by the current systems contractor to do this, and went to Congress in 2/15 asking for authority to check things out. When there is no oversight by the government of what is done with the taxpayers; monies and if the constitutional rights of all are not being upheld than we have devolved in to chaos and those few with criminal intent can take advantage of the laxity.
Plus All agencies need to give heeding to extra security is badly needed on files where there are outside interests and those inside who have not been cleared from criminal wrong doings who might have an inclination to 'disappear; or rifle the records, either paper or digital.
So we plead that all matters be consolidated as they were in 8/09 and an elongated hearing be held expeditiously as this hearing has been pending since 8/09 on matters that go back over 15 years, or more. and clear remand orders need to be done so that those receiving those, can know what to do. and then if not done as the claimant thinks is right and fair, appeal rights afforded. Much of this volume might not be there is this had been going on since 8/89. when the first claims were filed at SSA.
And CMS and DOL followed their own rules and saw to it their contractors did and restored rights and benefits back to before illegal acts against files caused losses. to the move forward on future processed.
This is more detailed info attached that explains that illegal interference occurred and according to the Deputy Commissioner of IT for SSA it is an illegal hacking for any one to go in and delete a pending appeal No one is to even have access to do that. . This has led to major chaos and has put my own life and livelihood at risk to this day. Persistent pleas for the several pending appeals to be answered have ended in derogatory ad inflammatory remarks about me even entered on her MBR which has led to less constitutional rights .
I have never threatened any one or every done or advocated anything illegal be done. I have begged for rights that I was always expected to give to each and every claimant or person doing business with the government. When one is in a struggle for even the right to breathe, it is a struggle that cannot be ended if one chooses to live as I choose to .
Even my wnn employment with SSA that has gone on uninterrupted since 6/68 was accessed on line and deleted as all said based on the verbal word of the contractor who misinformed SSA that I had gotten a workers compensation settlement and retired , This stopped all on going work on my personnel matters and have been unable to obtain a copy of that file for over a decade . even a formal FOIA request has been 'side railed. None seem to understand that if a toxic cud enveloped them out of the blue, they could be in the same exact situation I am in with a real struggle for life and livelihood.
As the US Dept of Labor judges ruled in 2/09, I did return to work in 1990 and listed my accepted conditions removing any created reasons to not restore what I had before the shill game done with my file. so many years ago....and that "rumor and gossip has run amok"
Worse than that is the gross malfeasance that occurred in 1999 with the state agency doing the disability which is the SSA judge in 2011 had been listened to , that could have been taken care of by now
For the . disability decision when they were ordered to not look at any of my medial records and not to contact my doctors PLUS they had already sent me to a board certified pulmonologist in Oklahoma City and he ran a complete battery of pulmonary function studies including the test for pulmonary hypertension and all of the numbers seemed consistent with with ones done not long before that at my own doctors and hospitals. and consistent with a progressive occupations disease since injured 1/10/89 at the SSA Telelservice Center in Jersey City. when a toxic cloud enveloped us. with a mixture of varied toxic fumes, etc. I copied done the numbers and sent a written request for a copy of all and one to be sent to my doctor. We never got them, and the report disappeared along with the entire file again. and was not mentioned in the decision from the state agency either under direct orders not to find me disabled from or mention anything about my work related conditionals in the SSA DECISION. there is noting else. A broken ankle 12/ 1994, is minimal if not a tertiary issue. for an SSA decision. One with my education and job skills can work with out even legs.
The details of why an expedited hearing is attached. It is a non traditional type of brief being sent to both Medicare as well as SSA. But such filings have passed legal muster as legal submissions even through published on line, It is legally filed and any items not pertaining have been lined through and initialed. and all is signed. along with the form SSA 501 and submitted to SSA.
Medicare has a deadline to meet where the Hearing judge was sent several of the hearings filed with SSA including the 8/09 hearing where many matters were not in their jurisdiction. that must be appealed due to deadline there.i plead that SSA continues with what they can do with out question and have submitted an outline of what seems to belong to each agency attached.
You are both getting the same attached briefs and filings. . This is based on my own experience and training with SSA as an employee since 6/68 both in side and outside as a patient and claimant. as well as speaking what current employees at SSA who seem to have not much more than I have access to to know who gets what. Its not a good situation for any one.
Its past time that all these issues be addressed and clear remands made to the local offices in all agencies to take care of matters pending far too long. We do request time to add to what is being filed now, once we know what matters each might hear or remand where and what is to be dealt with.
And as in 2/2000 when the SSA Office of Hearings and Review remanded the case for a medical decision. to the Oklahoma state agency they did not do what needed to be done and only compounded the already fraud that had gone on. the entire file with medicals never got sent to them and pieces of it appeared all over the USA in offices where a stamp from that office got it sent back to offices that no longer had the case. sometimes years in the past. etc.
Instead of recognizing that a new decision needed to be done for before 1999 and from 2/000 forward and it was not done My file had already languished at the appeals counsel for nearly four years the due to another judge at SSA dismissing the case with out a hearing in 1997 without having the file available or me to present things. all these chances to rectified all the harm that has been done did not occur. By the time I and Doyle were notified the case had gone to the state , the non work had been done and even judge compounded the issue with out a hearing or our knowledge or not even reading what had gone on and had the legal obligation to see the matter was rectified then. and files not locally available much of this time to even know until the entire file got sent back to the local office about a decade ago and then shredded was the report's. Its said there is a file in the office now, but its probably what I faxed to the SSA appellate judge in recent years and sent back for them to take care of matters not yet taken care of. So this all would not be in there as its what I have submitted over the years.but my medical records are there. .I HAVE REPEATEDLY BEEN TOLD THAT SOMEONE HIGH UP HAS FORBIDDEN MY CASES TO BE WORKED AND I STRUGGLE FOR LIFE OVER NO WAY TO GET MATTERS RESOLVED AT ALL.
The entire system has broken down. and back logs increase from it , when in many ways things can be streamlined to keep tings moving with all rights given as he should be. I should have been asked for new medical releases and and other info and that did not occur either.. since as the illegal interferences got rubber stamped through and I still was not aware of how bad it really was but was getting real discrimination from it all over of what had been done as one never seemed to indicate there was an issue.
One has to remember that Doyle and I are being asked to do what a 100 member law firm might be undertaking in all of this and its an undertaking we even get things filed, even if not in the most legalized manner. We pray for mercy on this as its a real life and death struggle for existence that had and is going on over this. And the derogatory stuff on me has gotten in to all kind of systems files outside of SSA ....as sharing is done legally for other agencies and states to use.
Its caused on ongoing harm If the state agency had done what legally should have been done, and not interfered with then much of this would not have continued for so long and been rectified. .
t They did not understand? that they needed to look at the pre 1999 medicals now which is before the date the appellate request had to be made and then look at the post 2/000 ones form when the case got remanded and that would have added in everything but what they had been told to put down as it never existed they said. , but if told to do so should have taken care of things and FECA could have used it and a real settlement occur over at FECA. , what the medical disabilities were prior to 1997 and if continued through to then were. At that point they did not do what needed to be done and right the grievous wrong done in 1999 and on going before that all thorough this before we ever entered the idling to work in 7/88.
After they had done the right things that has been the commons practice for years. If one did not have current medical to tie all the prior to the current condition, they would send one out to get a consultant exam, which they did initially in 1999. Did someone not like the answer from the pulmonologist? . And I showed up to the exam on oxygen and taking all kinds of medications for heart and lung etc , well documented conditions, and nothing in any file of what got out done on orders of the highest authority at SSA and then spewed out. with no mention of what my current conditional was or why all a dozen doctors have prescribed oxygen and inhalers, and pills for heart, lungs, kidneys etc and what my own pulmonogloist who was the federal workers compensation doctor has said I was disabled form ever working again as the accepted conditions at Federal workers comp had progressed to the point that not even part time work was possible any more And the US Department Education had waived student loans due to occupational asthma. sometimes referred to a Reactive airway dysfunction syndrome. conditions which is a whole body disability. . Their disability criteria is more severe than SSA's .
FEDERAL WORKERS COMPENSATION COULD HAVE ADOPTED SSA'S MEDICAL DECISION OF DISABILITY is what I was told by the regional manager at FECA a few years ago. And there would be no backlog of hearings and appeals if the process had been allowed to go forward with no unethical or illegal interference . Life is being interfered with right now from what has not been rectified.
But the reconsideration fled in 9/00 covers this decision that has yet to be done, as well as the SGA issues raised..and all the others listed.
There is a typed 26 page SSA 795 submitted back in 2011 that summarizes all to that date. and is attached to the files. .
Its time to get some organization back as once we had and rarely did any ones file go 'missing' and we did our best for timely answers to issues and abraded claimants their constitutional rights to have legal issues addressed so they could receive benefits or appeal further issues that they wished to pursue. And we used to have extra security and privacy on the files of SSA's own employees which has been ignored grossly in my case and no means to even know it was going on for years until it was revealed to me just how gross it had become smeared into the MBR etc. I thank the local employees at SSA for letting me know, when in more recent times they had access before they said the file was shredded by a former manager. .
Shredding the paper file did no good when the info was already out there is shared systems all over. When I do retire there is still some back leave to be paid from SSA, and that has yet to occur and that did not get done either as the schedule award comes first at FECA and all parties must agree and none of that has been done yet also,
But the medical decision remanded to be done in 2/00 and covered under the reconsiderations filed in 9/00 is still pending and would solve much of the issues. But one can never be fully restored from something like this. but at least a good faith attempt could begin.
I was put on liquid home oxygen for life by FECA over 21 years ago after FECA began temporary wage loss in 10/1994, And my request for permanent disability has been pending with them , filed not long after that. unanswered, In 2009, a request was sent from my claims examiner there for access to medical files to finish it up, but . the contractor refuses to do so there to this day and has not input a single oxygen claim since they took total control in 2002. Oxygen under the 1988 labor law already gave me permanent medical at FECA, but the permanent disability that has to be done to be considered retired has year to be done. And cooperation from all is begged for. Non can legally retire unit that is approved, etc. and the misinformation spewed around this is just more "gossip and rumor run amok." has contributed to the chaos and volume and had obstructed the process.
Linda Joy Adams 9/13/15
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