Injured Wal-Mart worker can pursue retaliation claim: Appeals court | Business Insurance

Injured Wal-Mart worker can pursue retaliation claim: Appeals court Business Insurance Thank You from those like me that have faced severe retalation with an established case and permanet medical that ' disappeared' with a felony destruction of files. that goes un investigated and no one prosecuted for.

TSA Screeners Getting Cancer From Naked Scanners | Before It's News

TSA Screeners Getting Cancer From Naked Scanners Before It's News see my comemnt

Medical News: ADA: Diet Counseling Aids Glycemic Control - in Meeting Coverage, ADA from MedPage Today

Medical News: ADA: Diet Counseling Aids Glycemic Control - in Meeting Coverage, ADA from MedPage Today education in a group was more effective for me and spouses, etc could attend as whoever shops and cooks must be part of the program so they also understand. A pharmaceutical co provided an excellent teacher, but did not over-promote their products. The literature was stamped as from them and we understood this was a service they provided in exchange for us thinking aobut their products if needed. Some us, like me, often learn better in group stuations where questions can be asked, etc. There are CA1's, 2's 2a's pending at owcp and the medical records clearly show a progression in the lab tests, yet ACS-Xerox is ignoring judges and hearing officers remands and violating their contract in not setting my file up so it can be worked all because a convicted criminal in the Jack Abramoff bribery scandal told them to ' lose it' and his order is still being followed by the current older of position when the security of my files is jeopardized which ACS got the contract to stop the abuses from the past of indivudial, corrupt officials deciding to commit felonies against claims files which is what ' thefts' are in a federal office. Pray for Lynn Blodgett that he has the courage to do what is right and obey the terms of his contract and set up my file and obey the law and judges and not a convicted criminal. Linda Joy Adams

Violations of Civil Rights page 39: current medications and addendum to FDA civil rights complaints.submitted with reconsideration to owcp

The only way to prove the non-compliance by Affiliated Computer systems is to send three sets of file reconstruction which is new material since the file has never been shared with Regional office of federal workers compensation. The proof is being mounted as only isolated bits of submissions are being allowed to be seen by the claims examiner. Sharon carter is the latest who has to use gossip and guesswork since the file including the 15 judges and 2 hearing officers at the US dept of Labor remand orders are not made available to the local office. Christina Stark the manager apologized for this months ago which ACS'Xerox doing this in violation of the terms of their contract with the US Dept of Labor has put the lives and livelihood of every federal employee at risk as ACS decides what the official at the US Dept of labor are allowed to see; thus becoming the only decider of fact on a claim. ACS is the govt contractor for many agencies at Federal and state level and do the similar work in many nations. Congress needs to address this and refuses to do so which has put our constitution and civil rights at risk and turned the sovereignty of our nation over to an international conglomerate of which ACS-Xerox is only one company. I have asked for prayers for Lynn Blodgett, their president and CEO who became personally involved in my case over a year ago and contacted Christina Stark. He seems to think that the entire file reconstruction was posted in 2005, yet the case has not been worked as the judges pointed out. This was the second file reconstruction since ACS took over and my felony disappearance of much of file had disappeared and the criminal investigation ceased by contracting out the needed security on claims files to ACS-Xerox who has shirked their duty on my files.
If the items in the file for 1.10/89 through 1/3/99 were worked, then i would be on permanent disability and schedule award paid and all the medical issues accepted, not just the 5 already in file; which the OWCP's regional office is unaware of.
By ACS only sharing a few items from the file and then the regional office trying to overturn permanent medical benefits and judges remand orders is putting my ongoing life sustaining medical care at great risk as it is confusing everyone the sees only the decisions and not the entire file to know that this is the only way to prove contract non compliance so that those complaints can be acted on to make ACS-Xerox and the other named parties at HHS Office of civil rights and US Dept of labor to stop violating the Constitution and my civil rights and the law itself.
                                                             MEDICATIONS
I have been on basically the same regimen of prescription drugs since 1/89. Intal was added by the pulmonologists at Mt Sinai, in NYC in 1991 and Oxygen was added when I got my OWCP back in the mid-90's  as it should have been part of the regimen since 1/10/89 according to current treatment standards.
Nothing can be done to regenerate damaged lungs and without it other organs are put under progressive damage which the oxygen slows the progression. I am currently on 2 liters, which is  a nebulizer substitute for that inflamming machine. I am approved by three health plans for life for compressed air, which liquid is the form now available. Due to ACS blatantly lying and misleading Lincare they  are refusing service, and are the monopoly supplier in my area. Oxygen concentrators and even nebulizer machines emit life threatening inflamming fumes (ozone.)
FDA has discriminated against my minority group of asthmatics and there are no substitutes for life sustaining inhalants which have been and are being taken off the market due to CFC"S used as the propellant harms the ozone layer of the planet. Thanks to my doctors who warned me about this. There have been times when i was faced with possible having no pulomonologist or cardiologist due to the intentional obstruction of medical care by OWCP/ACS,etc. Even telling one pulomonolgst, J. Sabanagan MD that my permanent medical with owcp meant I could only be treated in an emergency run and really had no health coverage at all from any of my three health plans. This is the blatant disregard for the law and life of some of the persons involved with my case over the years.
FDA will not recognize that chemical and toxins can cause life long and deadly physical harm injuries. When drugs are approved there is no warning for us and means the patient calls the pharmaceutical company and asks if the specific chemical that cause toxic pnemonia ( pnemonitus) one of the accepted medical conditions at owcp is in the medicine. They will say yes or no. Usually it is and they say the medicine can't be safely used. One inhalant substitute used ethanol alchohol which is an infflamation trigger since 1/10/89.  Pleas read the detailed medical documentation already in my claims file is ACS will ever share it with you.
I used the last of my Azmacort inhaler, recently. Dr. Stocks, pulmonologist came up with a substitute to transition to. Nasacort has not been made since 2002 so the Azmacort was used in lungs and  the badly damaged upper respiratory sinuses which bleed on exposure to parts per billion of formaldehyde, some phenols, some sulphurs, and ethanol which clinical tests show are the prime triggers. Also see the positive methacholine challenge tests in file. It has been a blatant violation to lie and say they weren't positive which has occurred to sabotage medical care. One pulmonologist, was called and told this before I had even seen him when insurance was checked, then he read the actual  reports and wrote prescriptions but was too  afraid to see me as the 'govt' can be scary to a non-citizen. Many of our good doctors have come to the USA to go to medical school and stayed or have been recruited by large hospitals from other countries to practice in more rural areas. This kind of intimidation and black mail should not go on but is occurring for injury cases according to Federal Blue Cross.Blue shield's own ethical advisers ( fraud contractor) who have since been replaced by the corporate cover upper which is explained in the file.
Every piece of paper submitted goes with some complaint or medical care issue and should be ' inserted' into the corresponding  computer file to be made available to anyone who works my case. This has not occurred. It illustrates the punitive damages and should be corrected by the policy makers, who themselves as federal employees, could fall victim to the same situation as my case documents.
 Oxygen 2 liters 24/7        
AM ( on rising)
Generic Bactroban ointment -minute dab in each nostril ( reduces chronic sinus infections)
Time release Probiotic Advantage CR with tumeric, kiwi ,etc.
Furosemide 40 mg
Theophylline 300 mg
C-500 with calcium
Maxair Inhalant 2 puffs
Intal inhalant 2 puffs
Demex-cortisone steroid in a saline solution 1 spray in each nostril ( mixed by stand alone pharmacist)

MID-DAY as needed:
Maxair 2 puffs
Intal 2 puffs

EVENING (@12 hours post AM Meds)
Generic Bactorban ( minute dab each nostril)
Theophylline 300 mg
Dyrenium 50 mg
CO-Q-10 200 mg
B-50 complex with Niacinamide
Cinnamon 650 mg ( in glucose high 1000 mg)
Glucosamine Chondroitin 350 mg
Intal 2 puffs
Maxair 2 puffs
Albuteral 3 ml solution with 1 spray of demex.. cortisone steroid solution in the mouth piece of the nebulizer which is attached directly to the liquid oxygen stationary tank by canal at 2.5 liters after removing the water vaporizer cup form the oxygen tank. Mouthpiece goes in mouth and breath in threw mouth and exhale threw nose so sinuses get full benefit. This is helped by holding finger/thumb over air holes in mouthpiece attachment to get full benefit of the solution. Takes about 30 minutes and is doing quite well. Then rinse mouthpiece in solution of white vinegar and distilled water to clean.
I also check and notate: glucose readings, peak flow monitor readings, blood pressure in wrist and ankle.
                                               
                                             AS NEEDED MEDICATIONS
 dash organic cayenne pepper in warm milk for pain
Milk of magnesia
Psyllium seed
Generic Ceftin 250 or 500 mg for 7 days in case of bacterial sinus infection
In case of extreme pain  as after surgery, etc.) Codeine in tylenol #3 or vicodan
(I only take codeine type pain killers if the pain is so severe I can't sleep) I last took some over a year ago after a tooth extraction) Cayenne pepper is more effective for chronic pain. I often add a dash to food eaten at meal time for chronic pain. or have just used a dash  on tongue.  Plain codeine was prescribed the first year after injury for the intense pain this kind of injury leaves one with 24/7. Tanking a deep breath has been painful since 1/10//89. I have developed a breathing pattern where by i breath shallowly and periodically a deeper breath that can occur with the oxygen. I have not been able to chest breath since 1/10/89. Fortunately I was a trained singer/actress and breathing from the stomach was already learned. Those who survive this kind of injury, often have to be sent to learn this breathing technique. All of this is in the documentation in the files that no one at owcp has been allowed to see to work my case. Also in file are the prescriptions  including the recommendations for the supplements from my doctors. I don't take any supplements, etc. unless a doctor says its OK to try. Then, close monitoring is done for a couple of weeks.
One method of treatment was using calcium blockers, but this caused gastrointestinal ' blocking' and had to be discontinued. There is a CA1, CA2 pending on that with no initial decision- see judges' remands. This is what I cal a secondary/tertiary issue. I tried to reduce the cortisone steroids but this caused breathing difficulties which many doctors ' heard.' That's why cortisone steroid is part of the treatment regimen.  most of the presciptions for 1989-1999 have yet to be processed and paid and ACS's employees were starting to do this and were stopped by their superiors. ALL approved and some isolated bills paid. ACS's staff said they can now access the major pharmacy chains but not for the earlier years. Other ins need to be reimbursed and i need to be paid for the co-pays and deductibles and even redid the bills on the new forms so ACS could process and pay back in 2005. ALL filings have been done timely over the year and resent, resent, resent/...... only to never have the case worked. In my certified letters after 2/09 and before, I suggested taking each year and finishing up the the initial decisions and work forward. I have no doubt that a fair amount for a schedule award(s) and permanent disability would be ' obvious' once my file is worked as ordered and as the law provides. 22 1/2 years is a long time to have no security on files and constantly beg for approved medical care. And file appeals with other health plans so that over payment liabilities are placed with owcp and not me or my estate when those with custody of my files decide to discriminate and deride when I plead for justice and civil rights.

Thanks to the many doctors over the years that have worked with my inflaming sensitivities to certain chemicals and come up with a treatment regimen that proves one with toxic/chemical injuries such as mine no longer  has to die in 5 years.
Linda Joy Adams

Violations of civil rights page 36: How to comply with 12 judges and 2 hearing officers at owcp?

US Department of Labor
525 S Griffin St. Room 100
Dallas, TX 75202
Attn: Christina Stark Regional office manager:
       Received your letter and you seem unaware of the volume that was faxed to your office over the last few weeks since one of your employees said it was OK to do so. The first letter was the reconsideration that stated your office had not done anything judges and hearing officers ordered. sending files to ACS-Xerox in London has been done and redone and you never get the files set up as other claimants files. I need the money to keep on spending money on ink and postage that only results in the files not set up so they can be worked.  That's why I filed the civil rights non compliance contract against ACS-Xerox and also listed Medicare coordination of Benefits that routinely breaks their contract agreement and alters the official posting from the US DEPT OF LABOR that shows PERMANENT MEDICAL BENEFITS. there has been a decade old glitch that posts as of the first date of entitlement to Part A Medicare which was in 97, since I tried to work at great physical harm and only made the injures more permanent according to the latest research that has just been published  by researchers. I wasn't the one that riffled my file back in '98  so that my owcp and life could be done away with and a billionaire could renew a lease on the work site at 2 journal Square 9TH floor, jersey City NJ SSA-Teleservice center where I was initially injured and OWCP signed me out of in late '89; a lease that did not meet basic fire safety codes for a federal employee or anyone else to be in since there was no stairway to walk down in case of fires since they were locked at all times and one relied on a few members of management to be able to get to them to unlock a door for escape. Lies, gossip, rumor have been floated at great physical and financial expense to me. many of the documents that I've faxed recently had to do with damages and retaliation for what has occurred.
In 2/09, the ECAB judges set aside the wrong info that i hadn't returned to work in 1990 for SSA region II when I did. its not my fault that HHS-SSA refused to complete the necessary paperwork and didn't seem to know I was out getting OWCP wage loss. These are crimes against me and my files. The written, promised reasonable accommodation wasn't complied with either and put me in a continual life-threatening  situation. That's what the 'missing' medicals' show. When the file is finally put together so it can be worked, the civil damages are greater from what the continual and felony disappearance of my files since 1990 shows. That's the first time, a claims examiner in Philadelphia's office noticed part of the file had disappeared.
I was informed a few years ago by paralegals in the US attorney's office that my blood and skin samples are key evidence against a ' John Doe" which would be a multiple murder charge now. No witness protection for an injured Federal worker either, when high level people wouldn't ant me to live to testify.
Testimony in Congress was that ACS-XErox is responsible to set up all claims files in a manner so they can be worked. This has never occurred. they have set up some kind of a ' dummy' offline file but it seems to not be available for anyone to read. If a reconstruction is posted for date of reconstruction then a CA-1 file in 2004 would post at the date of reconstruction even though a certified mail proof was attached to show the date received. Also, they are offline of the official US Dept of labor computer file that the judges have had access to and you don't. That's why, as ACS managers have said: they aren't inputting any oxygen claims that have been submitted from suppliers or me over the years as they would be paid as approved under the emergency medical law passed in the 1980's to prevent abuses of power and intentional obstruction of medical care that can be  and was life threatening to multiple federal employees then. Dr. Sabangan knew this and argued on my behalf back in 2002; only to be lied to and told it meant I had no medical coverage at all from any source( even Medicare and Federal Blue Cross/Blue Shield ) and could only be treated in an emergency room. At the time, I didn't know ACS had taken over and he seemed to not be aware that he wasn't talking with any US Dept of Labor employees. This is so common for contractors to ' impersonate' federal employees and should stop it. Even, one gentleman that answered you phone in your office was unaware that London Ky address personnel was a private contractor and was shocked when I had to inform him they weren't.
A few months after receiving the 2/09 judges remand order: ( they acknowledged my attorney and sent him a copy; which you should be doing also-more evidence that you don't have my file set up  as that would be clearly shown) -I sent you a certified letter at the London Ky address to make arrangements to get my file reconstructed to carry out the judges' orders. there are item back to 1989 that have been remanded and remanded to be done plus the ca1's and ca2's ca2a's that many judges have sent back to have initial processing and these have to be addressed before any permanent disability can be discussed.
      When permanent disability involved internal organs, a full assessment can't be addressed separately as all are affected. Future medical care is dependent on each one doing its job in conjugation with the others.
For example, injured and weakened lungs affect the amount of cortisone steroids that's needed and  not enough can raise uric acid levels that affect kidneys and fluid back up in the heart, etc.... Took a year to get a nebulizer over everyone needing to know who will pay and its not paid for yet. Dr. Stocks prescribed a saline solution and using a cortisone steroid in it which is a method those receiving chemotherapy often use as I'm on the last Azmacort and the substitute  inhalants on the market have caused life threatening reactions. They are not for the kind of asthma, that has been accepted and I have.
This has been an impossible situation. Because there is an active owcp case, my part b premiums on Medicare disappeared out of cyber escrow when some new software was used to pay the $250 stimulus payment a couple of years ago. They didn't code active owcp case. And now I'm caught in the 6 year ' fight' between SSA and medicare as who can work somthing out, when reinstatement of temporary wage loss and withdrawal and repayment of temporary csr payments would solve it all as spousal SSA would be paid and premiums withheld from that back pay. Federal Blues is starting to pay but they should be sending reimbursement requests to owcp which they did and was ignored a few years ago.
ECAB had the civil service papers and knew that they were properly filed  for future withdrawal/revocation up on reinstatement. Fed blues is not 'tied to' the US Dept of Labor computer file, why  not?
I've lost doctors over the exasperation of their billing people getting sent in circles and I'm filing appeals to get out from under overpayment liabilities and its all happening because of the felony destruction of my paper file in the Dallas federal workers compensation office before ACS took over. My file was at ECAB then and the file had been further destroyed and the first decision wasn't favorable as every letter every document sent in by my attorney had ' disappeared' out of the file. The case was reopened and my attorney recognized, but you aren't. The file was reconstructed and ended up in London Ky ( 35000 pages) with judges clear instructions to work the case and items in file going back to 1989 that had never been processed. I've filed everything, timely and documented fully. yet that file ' left' the office never set up by ACS. The secretary of Labor's associate OK'd faxing to acs in Tallahassee on their 1-800 number to help ally costs of long distance charges. they boxed up the files and sent them to London Ky, and ACS still refused to set up the file. 
In 12/06 the Director of OWCP, Mr. Fitzgerald ' found some of the boxes' It was the 4 boxes I spent hundreds of dollars faxing the basic documents and proofs of timely filing to London Ky and they weren't posted but ended up in the custody of Mr Fitzgerald. I don't know where he found them? He sent the paper files to Dallas And Helen Robinson was able to locate more of the files out of the ' federal records center?" and started to work the case; only to have another claims examiner and Francis Mimelo the manager intervene and wrongly say; you didn't return to work in 1990 and back to ECAB we had to go and wait until 2/09 for another remand setting that aside and orders for you' all to ask me for the facts of the case. you won't accept them verbally and that means another file reconstruction. I have not sent the items you should already have; only the recent that was also sent to the 2 civil rights offices. I sent you multiple certified letters asking to make arrangements for a file reconstruction and what order you wanted it in, etc. Any contract would surely have  set some parameter for this to be done. 
I consider this retaliation for civil rights compliant filings to not make some kind of arrangement.  And questions by a recent Congressional committee wanting answers about the process. I don't have thousands of dollars to keep sending files that never get worked and never set up so they can be worked. I'm the victim of multiple crimes on this. And I'm pleading for my life and having to pay monies for medical care that is supposed to be paid for without question. If this isn't the original DEATH PANEL, what is and a  manager of Arkansas Blues, when they were our Fed Blues said that a past director of OPM ordered my death. Why me? I went to work one day, as I'd done for 20 years at SSA to do my job and ended up injured for life. The law is clear as to my rights in the matter, the claim was not controverted and one felony after another has been committed against me and my files. isn't it time to stop making me the 'precedent case' for ' how to get rid of an injured federal worker?'
I left phone messages for you and Theresa Davis. Please do not infer anything from them then a plea for my life and begging you to make some kind of arrangements to get this file systematically worked. You have prescriptions and medical bills that have never been paid back to 1989 and other expenses that aren't on the ACS bill portal, either.
How much does it cost to set up one person's file. Any more than setting up dummy files and ' losing' file reconstructions over and over. My suggestion is for ACS to set up some kind of phone number so that faxes can go direct to an email or print out in paper. I called the 850-558-1818 number and was told my file wasn't set up yet and that US Dept of Labor was now setting up computer files. obviously conflicting info is floating around as who, does what? My physical life is being used  as a ' footbal' being kicked around and I choose to live and want to get this settled per the judges' orders.
As stated in multiple certified letters since 2/09: where can the files be faxed and in what order do you want them. Start with 1989 as was done in 2005 and mover forward by year which seems to be the most logical as my the disease progressed and discoveries were made or: some other method? I hope some day you will get to see this letter as the others weren't even though the post office verified they were received in London Ky at ACS but never seen nor answered.
Proof of what happens to files is what has occurred recently. You say 2000 pages were received and forwarded to aACS to be scanned in. yet its much more than that. Can you now pull up my file and see all the items I've referred to? Apparently not! i never sent anything during office hours and only did so after being told it was OK by an employee in your office.  who should I write or talk with at ACS to make arrangements for the file reconstruction via fax which is the only method I can afford unless Acs wishes to send me money to have files copied and mailed. My family and I don't enjoy spending our evenings faxing files that have already been faxed twice before and thousands of dollars spent over and over reconstructing the same items: bills, out of pocket expenses, judges' orders, hearing officers orders; CA1's, CA2's C2a's. voluminous medical records and other itemss that reflect pain , suffereing and punitive damages against parties causing the problems. If I was to guess what has recently occurred ( from 22+ years of this; I'd surmise that the CA1, CA2 that I sent to your office in early 3/11 on the secondary/tertiary issue finally got to someone at ACS-Xerox and they started making inquires/ obstructions? Who are they talking with-apparently not with you nor with the Director of federal workers compensation who seem to know very little as to what is occurring at ACS?
I'm sending a copy of this to my attorney whom I've already called, the civil rights offices at US Dept of labor who is allowed to investigate impediments to processing which this clearly is and not the merits; and to HHS civil rights to associate with pending civil rights complaints as OwCP is one of my health plans and according to the appellate judge at medicare, which has final authority with multiple plans, should be getting all my bills first, then fed blues. All my bills should either be paid for accepted conditions and those issues pending should be associated with the appropriate claim and paid when accepted and a letter sent to the medical providers/supplier that issue is pending so they can go bill Fed Blues first and Medicare last and they can place in medical subrogation for payment at some future date when the secondary/tertiary issues are approved. Many of these are textbook issues and have been accepted at other federal agencies which is logical that they would be at owcp. A copy of this letter is also being sent to the Secretary of Labor to see if something can be done so that this never happens again to anyone and to  the Attorney general of the USA as his staff has asked for a letter. ACS has an obligation to me to set up my files in a reasonable order and give accurate info to providers/ suppliers from the official records and not from gossip and rumor.
Ms. Stark, you said that when Lynn Blodgett the President of ACS came to you last year you could only access an office computer that had not been updated since 1998. when we spoke you had no records of multiple judges' orders, hearing orders, and subsequent voluminous filings available. Didn't he tell you, that the file was never set up when they took over? Did he explain why and who didn't do it? I was told it was the Chief at Employment standards that pled guilty in the Jack Abramoff bribery scandals that said he wouldn't pay to have my files set up when the remand orders listed items back to 1989 to be worked and weren't. ACS got the contract to assure these kind of abuses would never again occur on an injured workers files. ACS treated me disparately in not setting my file up. Can you write me a check that would cover past, present and future medical care, wage loss  and leave buy back and loss of use of several internal organs including part of hand, etc and the medically expected losses without the files complete to show why such a large sum is being paid. If your agency is anything like mine, the amount would be require the signature of someone higher than a regional office manager. The third party law suit has been sabotaged that owcp required me to file and the hopes of the taxpayer being reimbursed are dismal. My attorney can do nothing until owcp figures up the damage's and after 22+ years have not done so. Linda Joy Adams-pleading for life and justice.

violations of civil rights page 33: Request to reopen based on facilitation and lack of access to Federal Workers compensation?obstruction of cliams process by Affiliated Computer Systems,ACS and acceptance of Medicare Coordination of Benefits

Office of the Assistant Secretary
for Administration and Management
Washington, DC.
11-EM-071
Julia Mankata- Tamakloe
Chief office of External enforcement
Civil Rights Director
 CC: Lorraine Dawson:
                                          REQUEST TO REOPEN AND REVISE AND NEW VIOLATIONS SINCE FILING

                           Thanks for recognizing that Medicare Coordination of Benefits, a US Dept of Labor contractor has violated my civil rights in obstructing the process of my Health care claims and causing physical and financial harm as that is what has occurred .
As for Affiliated Computer Systems; not being an attorney I didn't say the "magic words" of my civil right to present and have access to the federal workers compensation process has been denied.
It is  easy to get ' bogged down in the merits of the case.' I did state that my complaint to you has nothing to do with the merits of the case. The meirits can't even be discussed or decided because of the obstruction of facilitation and lack of access to the process by Affiliated computer systems who has abused their control of the flow of all 'paper  and filings' on a federal workers compensation case. Whether i have a submission I wish to have a decision made on , or a medical providers or supplier, or the highest appellate judges in the agency.
 On 3/28/2011, I received a decision from my claims examiner Teresa Davis that proves the case. She was allowed to have bits and pieces of my file that is in the custody of Affiliated computer services in order to 'manipulate the decision" She didn't even have the original filing and documents witch  the violator, ACS, Affiliated computer systems has had submitted to them many  times and are part of the original file before they took over. was there in 6/04 in boxes that arrived from the appellate judges and disappeared before posted, They were  resent and never processed per their contract and SEC of  Labor's office giving permission to resubmit to ACS  and ACS deciding not post again. BUT deciding to post bits and pieces instead to mislead and cause physical and financial problems.
I have had access only to the appellate judges, as one can submit documents directly to them and by pass ACS; however, in order for their orders to be carried out, ACS has to  get their submissions and post my file so that my claims examiner and others that implement those orders can do so.
That has been then continual violations by ACS since they got the contract.
Also, ACS receives and is to process all claims for payment of medical bills, and other out of pocket expenses. They have decided , to pick and choose which ones they want to process. They currently have 11 yeas of oxygen invoices  that were filed timely over the years and have chosen to NOT process those. Their employees, including office manager in Tallahassee, FLA that its because: they will be paid and bring the disparate offline system they have set up to charge OWCP for processing paper, on line with the official department of labor computer system and  have claims processed based on what has been decided in the past and in my case permanent medical coverage. I have been denied the right to have even a doctor bill processed. Many times, the ACS call center intentionally lies to medical providers and suppliers and claims never get submitted. That is denial of access to the process. and causes us to have to file appeals and beg Medicare or FEHB insurer to collect the money back due to creating overpayment liablities against me and my estate and familiy's bills are obstructed and unfacilitated over this
I've  had 22+ years of periodically my files disappearing inside the US dept of labor offices. ACS was contracted with to prevent ' someone' from interfering with the process of a civil right to have security on ones submissions and submissions by others to the file so that decisions can be made on the merits of the case and the case flings. Now The US dept of labor offices, except for the judges, who can't implement their orders, from having the files, or submissions nor even the judges orders  set up in a computer file that is in a reasonable order that is uniform for every claimant so that decisions can be made and judges orders carried. out. ACS has refused to do so in my case and has decided I should have disparate treatment. They are not the decider of fact, they are to treat my file like all others, secure it and process the medical claims in a reasonable time and in accordance with their contract. its a violation of my civil rights for them to decide to hold back the ones they discriminately choose not to process and then ' throw it in my face saying: because they will be paid.
Please reopen the case against Affiliated Computer services A Xerox company  because I am being denied the right of access to the claims process and the facility to file a claim.
Since I filed the initial complaints with the Civil rights office at US dept of labor and the contract compliance civil rights complaint, I had  a medical incident that required  a filing of  new CA1's an CA'2' claims with the US dept of labor. and presented evidence to support that these were  secondary/Tertiary issues to the  original injury case.  It states on line that I could mail them directly to the local regional office in Dallas. However, when I called to verify that the claims examiner had them. -They are not allowed to keep files in the us dept of labor offices, whether arriving by fax, mail or hand delivery. They can take no action on the claims until they are sent to ACS and they process them into a computer file. No one was allowed to make any decision on them until ACS got them first. Since ACS has never set up my original claims file ,  my clams examiner has no idea what medical conditions in the new claims are secondary or a Tertitary issue in the original. This is denial of access to the process. My claims exaimner never knew any claims had arrived before 3/28/2011 as the mail room forwards them on immediately to ACS in London KY.
Likewise, on 3/28/11, the claims examiner made a decision without my entire  claims file available, based on individuals wanting  and wishing certain things would happen on my case that are not the deciderer of fact. My claims examiner, according to the ACS contract, shouldn't have even had access to the collections letter from Medicare secondary payer recovery  nor the bits and pieces she had that weren't relevant to the issue she was deciding. She wasn't even aware anything else was pending and has been  for years. One reconstructs the file for the judges as they can get submissions direct, then the files disappear except for what ACS wants the cliams examiner to see and then nothing gets processed and there is in essence no facilitation of right to the claims process. She had nether the original filing nor the medical documentations and letters from doctors that pertained tot eh issue. The appellate judges knew there was an on- going civil rights problem with ACS and my files and individuals had a personal interest in the outcome of my case that they should not have and definitely should not be allowed to make files disappear, etc. to cause what they wanted to occur. That is why ACS has the contract, to ensure security and equal treatment.  Even the file reconstructions coming to ACS to be posted for the case to be worked are not posted per the contract and Teresa Davis was given bits and pieces to manipulate the outcome rather than the file being available in the order and completeness that the Judges had available and then the claims examiner and even the ACS bill paying call center and processing unit in Fl can have to process claims. they have decided to create, an overt act of disparity, an offline computer file and post wrong info that some third party should pay, when none exists and the file shows it. This is retaliation to mislead every medical provider/ supplier and cause on- going obstruction of medical care and creating havoc in trying to obtain life= sustaining medical care. Medicare was able to obtain the internal document form the us dept of labor, that ACS has withheld from the local regional office. And Lynn Blodgett, president and CEO conviently  ' neglecting' to inform Christina Stark , the new reigonal manager last year that what he was accessing had not been updated since before ACS took over so she didn't have a clue what had transpired in submissions from me, the judges or anyone to the case. The US Dept of labor can't control their own contractor? and my rights are violated over it. they decided that they want their money back for paying bills that were already approved by owcp. Prior requests sent to ACS in ' 05, 07 and '08 were disregarded and never posted to a computer file so that those who would respond could do so. I've asked for a copy of the contract, but any contract that violaties ones civil rights would not be legal. If anything, judges remand orders  would be the highest  agency authoririty to set up my computer file as others are. In essence it denies me the right of process to even have appeal rights when those  orders ' disppear' so they can't be carried out.
 The claims process can't be accessed when ACS won;t let it occur As recent actions clearly demonstrate.
No government contract would be legal that allows any individual to coerce the contractor into treating anyone disparately and discriminating against them. My rights to have my file processed and faciliate my access to those rights have been usurped by ACS.
I and designated representative should be  able to discuss this page or that page  of my file when discussing or  having decisions made. ACS has prevented this from occurring.  This is not about a claims examiner making an erroneous decision or allowing herself to be ' duped/'.  If ACS was  not discriminating then the claims examiner would have had access to the file and any decision would have been based on the submissions and judges orders in the file. At present, gossip and rumor is rampant BECAUSE the file has been withheld form the parties that need to carry out the judges orders. I have sent repeated requests to ACS and even to Lynn Blodgett to make arrangements for my file to be reconstructed, per the judges, orders, so that the claims process can be accessed and any decisions rendered by the US dept of labor office of federal workers compensations would be based on the file. Resubitting a 50, 000 page file with issues needing initial deicison back to 1989(judges refer to this) and many reconsiderations unawswered that should be posted and worked since ACS  got the contract is meaningless and money spent I don;'t have it if will still not be posted and recent actions show  the behavior won't change and has gotten more retaliatory./If the claims examiner missed  reading a report or there is a disagreement on interpretation of a doctors report or medical test then she  wold have the report or test to refer to when I filed a reconsideration. I have had to file such and am referring to reports and tests that she can't look at because ACS has not allowed her  to  have access in a manner equal to others. I should be able to  refer to Dr Ciechanowski's report of 12/06 and discuss what he said. I should be able for  her to see the  positive methacholine challenge tests of '92, '94,'99, '04 and the attached doctor reports in discussing  a permanent disability  as well as the published medial journal articles that discuss what the reports mean. This access to the claims process has been denied me repeatedly since ACS took over and is doing so now. My claims examiner doesn't even know why my wage loss was ceased because that part of the file is not available to her of a noncontroverted, accepted, established case with permanent medcial benefits aready established. When the judges set aside, the reason for my wage loss being stopped:, saying I did return to work in 1990 and to accept my records showing this ( includes EEOC sanctions against my agency); the local officials had no idea the importance of those few words when they ruled in 2/09.  Form 521 should have been filed with OPM and wage loss reinstated.  How could they know, when the claims process was denied by ACS not getting the file set up and I waited a few months, heard nothing and proceeded to send a certified letter to ACS's office in London  Ky and it was never posted to a regular file so that the local officials could answer it. I asked to have some kind of stem or process set up to reconstruct the files. Even faxing to the us dept of labor local office will not be seen until ACS gets them and psots the file. The Judges said ask me for the facts of the case: the facts are humongous and includes why a medical bill from 1989 should be paid, and never looked at yet and why certain medical conditions should also be accepted on secondary/tertiary issues filed, one of which goes back to 1991 and has became permanent and medically related. But until ACS allows me to proceed with the claims process, no discussion written or verbal can occur as the claims examiner has to be able to see the same page or report or test that I am  referring to. How can one do a permanent disability when the accepted medical conditions aren't even allowed to be known by the claims examiner because the file is withheld that lists them on the page one she had been denied access to, to process the case.  The claims process isn't just being allowed to put a claim in the mail and be received. its the allowance of that being made availble to the party that has the authority to make a decision on a claims or any other filing or even judges remand orders.
ACS has continuosly and consistently violated my rights in the obstruction of the process of my claims so that the claims process is continually obstructed. Since ACS has to receive all submissions from me or even the judges, I ' ve had no access to facilitation of my case with ACS. Even more blatant retaliation is for them to give bits and pieces or decide what bills to input to a ' dummy' offline disparate file.  It would be More honest to have created no computer file at all and tell all who ask? we have decided not to set up her file because we wish to discriminate and control the outcome of her case. instead they are paid to ' pretend' to process the submissions in a disparate manner which is not legal. ACS is not the decider of even payment of a medical bill, as a recent memo to doctors states: make sure the ICD-9 code is on the form. If it matches as one of diagnosis put on the form, then the bills are paid, if not it isn't. This seems to be a way to justify what  has occurred on my case because of the  access to the claims process over with medicare. often diagnosis codes have been manipulated to circumvent a collection letter back to ACS which is where it is sent by medicare and other health plan cliams processors.  This mean every claim has to be seen by the claims examiner  due to the violations of my civil rights by Medicare coordination of benefits facilitating discrimination over at their company. And each bill processed must receive appeal rights and noen have been issued to me for the bills they did input. I did appeal and no answer. My claims exaiminer hasn't even seen them as Christina Stark said she had nothing but a file of some transactionsn( not copies of the pages, etc.) after 1998 availble to her when Lynn Blodgett contacted her after my repeated attempts to contract him led me to publish a letter to him in the washingtonpost.com on blog page comments  page.
The history of why Affiliated computer Systems was given the contract was to ensure violations of civil rights did not occur and that all claimants would be treated equally and not have files go missing in order to manipulate outcomes. In a Federal office this is a felony. And the felony investigation of disappearance of my fles in the us dept of labor office in Dallas, TX  on my case ( others I'm not privy to)by the US dept of labor's Office of inspector general resulted in ACS getting the contract as they could not ensure security of my claims files which had repeatedly ' gone missing' since 1/10/89 at opportune times for someone wanting to alter the outcome on my case.And that is withon other federal offices and agencies. ACS 's contract should have ended that illegal activity and as sson as a submission arrives be scanned in on a computer file that's on line and set up so anyone needed to work or discuss the case knows where to access info. Other agencies and companies can do this in a systematic order. Medical report from 1996, reqeust for schedule award filed in 1996, particualar test from this provider or that one, should be able to be accessed in a reasonable  and efficient manner.And the ICD-9 codes of the  multiple accepted conditions which were on page one ,left side of the paper file and submitted by me from copies I'd received should be avialable first and foremost. along with award letters and even the file trasfer letter in '97 for the Philadelphia office clearly explained what needed to be done in the case and that a occupational asthma was establinhed that none seems to know since ACS took over. The judges have now ordered that my reconstruction of the file be accepted.
They have violated my right to have my claims processed and have blocked the facilitation of my claims process.
                  

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.

violations of civil rights page 30: DOL,HHS,DOJ,OPM new documents not mailed or faxed

Various filings against named parties are the same parties in multiple agencies. It seem no agency  has any oversight control of their contractors and a handful of abusive high level officials. In some cases, wrong information left behind by prior officials seems to still be passed around as factual information.  The appellate judges at the US dept of labor said it best in 2/09: ask me for the facts of the case. So many files are ' missing' and no one seems to have a clue as tho what is occurring. What is happening is my life and livelihood  have been and are at constant risk because terms of contracts, the laws and judges are blatantly ignored. And the more time that passes, the bigger the back log of items to be processed so that all my bills are paid by the proper party in the proper amount.  ACS won't input  11 years of oxygen claims because they will be paid as they used to be. Politicians are made fun of for mentioning ' death panels.' Isn't this one? When my id and claims info were stolen by a contractor, why wasn't this shut down, or at least some official send me a letter that no liability against me or my estate would exist because the govt itself can't stop thefts by their own contractors , facilitated by Medicare coordination of benefits violating their contracts with CMS, and US Dept of Labor and altering the official filings, which the prior general counsel of OPM and US Dept of Labor officials said was accurate and not to be altered, yet ' everyone' could have it altered to cause harm and theft.
Why has no medical provider/supplier been allowed to know whom to bill for payment in a decade as when they try to find out , the very party that give out the wrong info are stealing, and having the official records altered so they can do so; when there is a legal option that give HHS the authority to straighten this out in a very short time by collections form the primary payers. Instead, HHS officials, ' disappear civil rights complaints, and make fun of me that I want medicare to enforce its own laws and go get the monies back from the responsible parties. How does one  'collect' from another agency's contractor who refuses to carry out the law. Why can't OPM control their own contractors, either?
Where is the protection of my official govt files, and information  in the custody of various officials and their contractors? They say, Congress won't let us! But no warnings are given to the contractors to shape up or you lose your contract.
Why the retaliation when I beg and plead for discrimination and disparate treatment to stop so that life and livelihood are in jeopardy.
For 22+ years, since injured, there has been no security on any got file. As soon as the law, judges, hearing officers orders get started to be carried out on a non- controverted, established case; the files disappear.  Even EEOC sanctions against HHS were ignored. Now the retaliations are even worse as i beg for justice.
The worse was then trying to wipe out 4 years of my life, when i tried over and over to work at great physical peril to my life which resulted in the EEOC sanctions; so that a billions landlord could renew his lucrative lease on a work site that didn't meet federal firs safety codes from the first day we reported to work in 7/88 and although our life-taking injuries  weren't from fire, ho knows what would have happened if locked doors could have been open to provide ventilation? In recent years, more employees have been injured as those responsibility for safety precautions seemed to ignore their duties to oversee those govt contractors. and land lords.
The intentional disappearance of four years of work and medical documentation resulted in loss of wage loss as officials could claims: you never returned to work in 1990, and you shouldn't have any benefits. This has been corrected  in appeals numerous times only to have the reviewed documentation- ' disappears ' in the custody of ACS. ACS was given the contract to assure the security of files that wasn't available in the Federal offices. The appellate judges decision of 2/09 affirming that I did return to work in 1990 and setting aside the erroneous decision   again, and again made no sense to the dallas regional office who had no idea that was the reason wage loss stopped. Yet the medical benefits never ceased due to a strong law passed in the '90's to prevent this kind of abuse of power putting injured federal workers lives in danger.
over 2 years later, no one has contacted me, except for the new regional office manager, to say her office computer file hadn't been updated since 1998. Why? when ACS is hired to treat everyone equally before the law and post all  files, even on  the ' older' ones. Others with 'older files' are getting their benefits,aren't they?
ACS , however, could spend OK taxpayers monies to set up $0 balance ATM cards for us when no monthly checks were obviously not due based on an all purpose form filed with our County in order to get a denial letter to prove I couldn't get help to pay part B medicare premiums. and a HIPPAA reaeust to prive that federal official s and contractors had used state monies to cause ' harrassment' based on false reports. As far as I know, they are still getting paid for the last 2 years to maintain them and state monies are still being spent under false pretenses at the behest of the offending parties when the state claims they can do nothing agiastt the fed govt' officials and their contractors.
The same parties, show up in discriminatory and disparate treatment in multiple places. Group Health has the subsidiaries of Medicare coordination of benefits, Medicare secondary payer recovery unit ( they ordered them to not collect after letters were sent to OWCP in '05, 07,08. and none to Fed Blues the other primary for myself and family who are caught up in this in trying to get medical care since qualifying for Medicare. And the fraudulent National Health insurance data base created by offending parties altering what the doctors sent in on claims and used too often for medical histories costing obstruction of even emergency medcial care and placing life in jeopardy more than once as it should be reliable if not for offenses by the parries in charge.
I have gone ' public' and several summaries of events are attached. Every medical service date starts a new round of violations.
My files are as complex and convoluted as the international conglomerates that we have named as offenders.
It appears only Sec of Labor Solis has addressed the issue and publicly encourgaged complaints of civil rights to be filed against  their contractors. Medicare's is part of HHS and they don't know where one can file a complaints, although their general counsel has said contractors can be investigated for civil rights violations, then why won't they do so in the Dallas region- which resulted in some high level regional officials being named in the complaints.
No one has gotten back to me and my family is still hauling oxygen tanks to the mfg and we are paying out of pocket so I can live, because of the direct lies and misinformation that has been spewed about and the discriminatory regulations that have created monopoly suppliers. ACS has continually lied to medical providers and inferred that I got some humongous settlement monies to pay everyone and Lincare  believed them over me and has created endangerment of life and horrible financiial hardship. Other medcial care is continually thwarted as payment is expected for services supplied within a resonable time.
I have no monies to pay to copy and mail. I've written and met every filing date on time. Only to have files and filings disappear, over and over. I am paying a flat rate for long distance and have a higher speed fax machine. You can't blame me for choosing to live and filing papers everywhere possible for enforcements of laws and jduges' rulings that they can't enforce. If govt contractors are going to run this country then all our elected officials might as well go home along with the civil service and big business will run things for profits and no civil rights will exist for any one of us that find themselves disabled, elderly, or a member of minority group. Only those able to be slaves for  profit for the few who amass more and more power and wealth will be allowed to eke out a meager existence at the whim of a few. That's not the Constitutional. rights our forefathers fought so hard to have for all of us. The inalienable right to live has been my foremost goal and that means having the best health care not obstructed and monies awarded paid to provide for myself and family  not be constantly interfered with. I tried to work at great peril with promised accommodations ignored and no right to work with the regional disability person to make sure i wasn't at physical risk.  The missing medical records how 4 years of one continuous asthma attack with constant derision and ridicule by superiors who only got worse as each co-worker lost their battle for life.  In 6/68 I chose to become a civil servant  and expected the dignity of the right of life and wages paid as agreed to by law and Congress. This has not occurred.

violations of civil rights page 28: Departmental appeals board and Miami Medicare hearing office.

Departmental Appeals Board, HHS for medicare and personnel matters: Miami Medicare hearing office.
Attached are pages  that explain what is on going since 9-29-2010 since the only final, formal decision has been rendered on a few claims paid by Cigna Govt services: Case M09-1406. It appears, the next case on the Trailblazers claims ended up in front to the judge with none of the file and none of the previous decisions) from the Miami medciare hearing office. There was no final decision as no appeal rights, etc. Also, what was re caped would be theft of the medciare trust fund if carried out. surely the judge would not be advocating that. After the first two ALJ decisions on  it seems files increasingly disappeared out of both the Appellate office and especially the Miami hearing office where the govt contractor ( ACS?) doesn't even docket in arrivals and attorneys all over the country are complaining to the staff about files not left intact. I'm doing the best i physically can to meet filing dates on a : death panel decision that has put my life in jeopardy and caused great physical and financial hardship in filing papers and appeals and intermediaries ignoring them. I've asked for an against equity and good conscience waiver of any overpayment liability but  its never answered at any level. There are several hearing requests pending in the Miami Hearing office and no formal answers to any appeals other than the first one. It seems that the letter sent from the Dallas CMS office by a high level official who has been instrumental in on-going violations was the source of the next letter, the only source. its documented she has; asked me to withdraw my federal workers comp claims so medciare could pay my bills, and has had the official line - up changed at medciare coordination of benefits in violation of their contract agreements to have security on an official records which three judges at CMS have affirmed and  9 judges at the US dept of labor. No one explains o medical billing personnel of the legal option of conditional payments which medciare is required by law to enforce even though a former Sec of HHS suspended enforcements and set up  ' contracts.' We've seen, according to some inside experts, over a trillion dollars of medciare truest fund used to pay bills that were never coded for recovery from the primary payers. MSPRC still doesn't seem to understand that they are to enforce the laws against existing primary payers and stop their shenanigans to get out of paying when the law, judges, and entitlements are approved for them to be the primary payers. The last three US dept of labor judges said in 2/09 : ask me for the facts of the case as they were well aware of the ongoing problems with their contractors and CMS's as gossip and rumors got passed around as facts. Most of my bills should be getting paid by OWCP, secondary /tertiary issues should be getting their initial review and appeals if needed to clarify issues. The request for scheduled award and permanent disability field in 1996 should have been approved long ago, but the substantial medical evidence is ' missing ' along with the entire case file at ACS and MSPRC doesn't even seem to know what my accepted medical conditions are listing a few musculoskeletal secondary claims only even after sending a detailed ( including the accepted occ asthma and other related accepted conditons) and lengthy recovery letters  in '05, 07 and 08 which were ignored. My official personnel file is missing and rank and file employees  can't seem to figure out my status which has not officially changed since going from HHS to owcp jurisdiction in 10/94. This was before any w-2' s were issued by SSA as an independent agency. I went to work1/10/89 and something terrible happened beyond by ability to control or stop.( others could have) I have an established , non- controverted case on my 1/10/89 and why all the violations? Three times I tried to work at great physical peril to my life with  EEOC sanctions against HHS-SSA for violations that are not enforceable against another federal agency.  Now, for profit contractors have taken over control of our govt programs and our civil rights have ' disappeared' along with all my files.

violations of civil rights page 26:redeterminations pending and reopen all and send to msprc

Wisconsin Physicians, part b intermediary, OK: ON 9/29/2009, the Deptmental appeals board issued a final decision; case M09-1406 that affirmed that, for Linda, OWCP gets claims first then, Fed blues is primary as the two ALJ decisions in '08 and 09 affirmed for any claims related to a pending secondary //tertiary issues with federal workers compensation.  You have yet to answer any of the redeterminations that have been filed with you , the first was for the '07 physical therapies and your notes indicated that you were intentially mis lead by govt officials and govt contractors and used a phony Medicare number to by pass the security on the system. All of our medical providers. suppliers have been treated such in violation of civil rights, and laws and entrapment  into violations over my persistent protests and filings. Some of the claims are now listed on MSPRC's on my Medicare .gov, which i was able to access for the first time yesterday , but won't say which of the 17 claims numbers it was posted under. I'm not aware that your company every did multiple thefts. ACS-Xerox still won't set up my computer file for OWCP so even initial items can be reviewed, etc. and bring it online with the official us dept of labor computer that shows the permanent medical benefits. However, Medicare coordination of benefits keeps posting the injury date wrong adding to more mass chaos . Ir 1/10/89. No bills for my accepted conditions are listed that Medicare and fed Blues have paid. ACS and ILL Blues took over in our area at the same time and immediately all claims got ' dumped ' onto Medicare in a very illegal manner.  Any claims from my husband and daughter are fed blues primary and Medicare secondary. Please reprocess and send ALL the claims you paid on me to MSPRC to list; as only a few are there. Please send me a response to my redeterminations requests that this has been done. Do you have a reconsideration contractor yet for OK? My request to your Vice Pres has never been answered. name and address please for future use, if needed.

Violations of civil rights page 18:CA-1, CA-2 Supplement to established case and pending on steriod side effects.

US Dept of Labor                                                                                             
                                                                                                                         
Dallas, TX                                                                                                            certified mail:
Federal Employees Workers Compensation
                        There are several secondary and tertiary issues pending that have yet to be reviewed for acceptance on my established case with permanent medical benefits. The approved treatment plan has ha little alteration since 1/89 when I was started on first Prednisone with an initial 40 lb weight gain and then Azmacort. This was later altered to included Nasacort. Little research seemed to be available at the time except to assure us that less side effects occurred with inhaled; forgetting that to get to the respiratory organs the cortisone steroids pass and are absorbed by body tissue. This is a life sustaining drug for one like me, but at that time life expectancies were about 5 years. Its now over 22 and death is not imminent. Since ACS-Xerox has discriminated against me and not brought my file on line with the official US Dept of labor computer, medical has been obstructed and my power chair never replaced adding to physical harm.

violations of civil rights page 17: ACS-Xerox contract non compliance and civil rights and Medicare Coordiantion of Beneifts and Miami Medicare Hearing office contractor and HHS Civil rights and HIPPAA complaint and attachment to CA1 and CA2

Research Suggests How Steroids Cause Diabetes And Hypertension; Liver Plays Critical Role see my comment. wasn't a torn alc, joints are being destroyed from 22+ years on inhaled cortisone steroids along with other problems associated. Claims have been filed on all these issues and CS-Xerox won't set up my computer file for federal workers compensation for 10 years to bring it on line with the official US dept of labor computer file. i will be filing this to add it in. part of my problem is that I'm supposed to have a ' managed care' from OWCP and obstruction has been horrendous. Have file civil rights and no compliance contracts with the US dept of labor against ACS-Xerox and also against Medicare coordination of benefits another contractor who has routinely altered my insurance line up as that no doctor knows whom to bill and then they along with trailblazers have lied about my official status and even Illinois blues which is TX , OK. and NM Blues have gone along with dumping onto Medicare. treatment for occupational asthma and toxic exposure is opposite than for those with allergies, etc. I have carried a prescription to replace my power chair for 6 years and no supplier will assist me. as ACS lies and says case closed, Blues lies and says owcp case claosed and Medciare should pay and the diagnosis is for my work relatlted condition . there is no predeterminations anymore for chairs and a supppier could get caught with me having the chair no not get paid until the whole govt gets strianghtened out.I fell and my family doctor though i might have torn ACl in left knee. The mri showed severe problems in joint and a cartilage tear. the cortisone shot resulted in dangerous spiking of glucose levels higher than I've ever been and insides of eyes hurt. I wasn't aware that this would occur as when I had a shoulder tear a few years ago, that cortisone shot did not have such a severe reaction. its possible there was a preservative in the shot like formaldehyde which is used in some as a wash. I consider this damages because judges ordered are even ignored in multiple agencies and i have an established case with permanent medical at federal workers comp. They are sitting on 11 years of oxygen bill s they won't input because the computer will pay them and bring my computer file on line with the official one. I was approved for life by them in 1995. ACS-Xerox claims the Director of OPM made us do it. Death panels are real. and in 2014, that party will ocntrol everyone's health care plans in the USA.