Violations of civil rights page 35: Thanks to those who took care of my knee

I wish to thank the doctors and physical therapists who took care of my knee after my fall. It seems to be as good as before, but according to the MRI wasn't that great before.
Unfortunately, there were some complications that had nothing to do with the ones who provided the care.
First, I learned that a cortisone shot spiked my glucose level to 207, but i took extra cinnamon and it soon stabilized. But, I was able to use the knee for the physical therapy.
2. Exertion causes chest pains as it always has since 1/10/89 when i was injured. But one needs a knee to get from one place to another if one can't ' ride.' The exercises were down laying down and the therapist deep massage for some and others were isometric.
3. I had been in the reception area of the physical therapy place but didn't realize how pervasive the chemicals and cleaning products were back in the wide open area where the therapy took place. The first day i was in a private room and the biggest problem was the perfuming lotion. This burn nasal and lungs and eyes. The same reason I was sent home twice by federal workers compensation and had hospital chaplaincy class waived at seminary. Its hard for one who doesn't have this disability to realize its just like putting lungs and sinus and eyes in a fire is the sensation.
4. I still thought I'd be able to get through this by only going 2 times a week; but when i was placed in the wide opens area with many patients and staff and lotions, etc it exponentially increased and was very painful. Soon, what so often has occurred over the last 2 decades, my sinus bled and then got infected. So a week of antibiotics was needed. There is  no way to be an a ' normal' public area and not suffer from the  scents used. Usually formaldehyde is included in almost all cleaning products, etc.
5. I had to miss therapy and got better and tried it again only to have a recurrence.
6. In the midst of all this, i had to get some blood work done for an upcoming doctor appointment and when i got the results it showed a 2 decades old pattern of abnormalities that get worse on exposures.
7. Currently, I see no way of continuing physical therapy without aggravating my already work related accepted diagnoses of occupational asthma, pnuemonitis ( toxic pneumonia) and inhalation of toxic fumes with bronchiospams plus some secondary issues pertaining to ABG needle sticks. other secondary /tertiary claims are pending on other body organs and long term use of medications for the accepted conditions, etc.
IN NO  WAY AM I COMPLAINING ABOUT THE GOOD CARE RECEIVED. But this does illustrates how difficult it is to have one with such a disability where standard medical care and just being in a public area can affect one who is chemically sensitive whether it be the lungs or any other body part affected.
8. I will continue the exercises at home as I can rest and do them in a  more perfume free environment.
9. I have posted this publicly and not named anyone because: there are those who are listed in complaints that will try and make too much of my physical therapy being interrupted and not wish it to be for a 22+ years of my 22+ years of medically documented events as to what occurs on exposures.
I will gladly recommend the medical professionals who cared for me to any and all as most do not have my disability to deal with. You will receive excellent care for your muscular/skeletal injuries. Your grateful patient, Linda Joy Adams

The Truth About Federal Workers' Compensation: Yes, They're Overpaid

The Truth About Federal Workers' Compensation: Yes, They're Overpaid: "- Ssee my comment using Google Toolbar"

Inhaled corticosteroids linked to increases in diabetes incidence

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Defense Secretary Robert Gates, CIA Director Leon Panetta, Director of National Intelligence James Clapper defend "state secrets" claim in al-Aulaqi suit

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Response to Office of Civil Rights-HHS

per our phone conversation:
We received your letter on pending HIPPAA complaints which indicated that none of the documents submitted that listed the parties and explanations were attached. yet it indicates there are @ 10,000 documents. We had given our written permission for you to review those documents as background information to the current complaints,, as new incidents and retaliations keep on occurring. Also, we'd repeatedly asked you why you would not accept and investigate any of the Govt contractors, agencies or business associates which is what, we now understand, is what the claims processing contractors for Medicare and my other govt health plans are called.
The general counsel for HHS for civil rights stated that those entities were not placed under the HIPPAA law in 2003. So , when a medical entity files a claim with any of them they are indirectly releasing my information to an unprotected source since there is no 'guarantee by law' of privacy and protection of those records and those records are constantly being subjected to what wold be considered HIPPAA violations, if they were under the law.
There are now 21+ civil rights complaints filed at the same time each of the HIPPAA complaints were filed by Linda and the complaints filed by Doyle and more recently by our daughter who has become a victim as her insurance line up is dependent on Linda's official status. Her personnel files and other pending files are currently all missing or destroyed and rumor and gossip is spewed around as fact.
The entities listed are all covered under the Civil Rights violations and the General counsel found it 'incredulous'? that not one of them had ever received a reference number or acknowledged. We do have the certified mail receipts that show Forms 699 were received as well as 700's. The first complaints were file din 1/08 and a phone call from the manager of the Dallas Regional office of Office of Civil rights, HHS indicated that both were in file.
During the lengthy and physically exhausting phone call with the Senior Equal Opportunity Specialist whose letter we are answering, I could not get a response as to what may have happened to the civil rights complaints and whether the documents his staff needed to proceed with the HIPPAA complaints might be with them assigned to a different party or section. We have waited to hear a response and none has come.
There are close to 100,000 documents that have been faxed and mailed at great physical and financial expense and all but a few seem to have 'disappeared.' New violations are clearing explained as they occurred and much of the documents were published on line with various media news organizations,printed out and signed as a response to having no way of documents getting from us to the investigator assigned. Even the list of named parties has been sent multiple times. This letter indicates that you never received our first response which was signed for as certified letter by a party in you office.
The civil rights complaints are all encompassing and cover a more broad spectrum of the issues. Each one signed by Linda also indicates that alone with the protected categories she checked was an additional one: retaliation for prior EEOC activity. Currently, there are over 230 pending EEOC complaints filed by her that have not been settled when she was an HHS employee before Social Security became independent and an agreement signed with them but not on behalf of or with HHS.
Several laws seem to pertain to Linda and her family that is directly affected that some seem not to be aware of. Linda chose to remain under Civil Service Retirement system back in the 1980's when FERS came in for new employees. No finalization's of any retirement can occur until there is a final dispensation of her Federal Workers Compensation claim. Numerous OWCP judges have remanded the case back and its 'disappeared' numerous times in recent years, also.
Linda seems to be getting the same information from various agencies, etc. as to what is occurring: files are going unprocessed and disappearing and orders are being given by some unnamed entity to not open the file and see the issues and don't process and in some cases send the file, here or there and or destroy it! That's an added violation of our civil rights to not have any redress of grievances under the constitution which has placed Linda's medical treatment in jeopardy which is needed for her to sustain life. The rest of the family's health care is also affected.
We are begging for a fax number to be made available that can be used so that the documents sent will reach you for your staff to review and respond to the issues and incidents on both the HIPPAA and the civil rights complaints. The fax number listed on the complaint forms is an active number but somehow the documents your office receives on it doesn't get to you or any investigator and this has been an ongoing problem for over a year now.
The general counsel said that We have a right to request a hearing on the civil rights complaints that are over 180 days, but can ind no forms or instructions on line to do that. Please have your office send us the forms and instructions.
As for the HIPPAA complaints, we are asking for a signed statement that HIPPAA doesn't pertain to govt officials, govt health plans, contractors, and business associates as we wish to have that glaring omission declared unconstitutional on appeal.
You claim this is a second request with no response which is not true!
Many of Linda's files in many agencies started to blatantly be destroyed and go missing about the time the 9/11 Commission asked for documents of those who were witnesses and/ or victims of incidents prior to 9/11. A regional general counsel for the FBI checked and found that Linda's witness statements with them had been destroyed rather that the request from the 9/11 commission being complied with. They did not go back before 1995 and the full truth that goes back 22 years as to : why 9/11 happened has still not been told and the needed corrections done to protect our country. Please let us know what fax number to use to resubmit the documents and any others that pertain. ( all do) to one complaint or the civil rights complaints. Its a violation of our rights that complaints can't get reviewed and receive a legal reasoned answer and since the incidents keep on occurring and obstructing life sustaining medical treatment and creating financial hardships not investigating just causes more violations and retaliations.
Please do not deny our requests because documents can't get from us to the person in your office that needs to act on them.
We have neither the financial or physical ability to keep sending documents that never get read. If one would read the summation attached to the complaints that should clarify the issues. As Linda told Mr. Roush in early 2008 when the first complaints were filed: Doesn't my medical providers and suppliers have a right to know whom to bill? when he said I'd just filed them to get my oxygen paid for which the attached summations clearly showed was not the entirely of the complaints. Where did he get that info to call Linda and 'chastise her resoundly for filing?' That clearly shows an outside influence on the process of investigating HIPPAA and Civil rights. Who told him that? No response every received and apparently that part of the file is missing also. Is that same outside influence still at work? Parties can be questioned and documents received but we've never received any that have been obtained by your office or any other Office of Civil rights on our legally filed and complaints that show gross violations of both HIPPAA and Civil rights and continuing unconstitutional behavior.
Three US attorneys' have advised Linda that when her records, files, and submissions disappear from Federal work sites its a felony and another felony when a law enforcement report is not filed on the disappearance. Please do a thorough search of your facility(s) to see if they are laying somewhere or with another unit or individual then file a 'theft' report as the US attorneys' have said I'm to not just request your office do so, but must insist adamantly that it be done.


Doyle and Linda Joy Adams

Reconsideration- OWCP

In the 1980's when laws were passed putting all Federal employees under Social Security and Medicare, I opted to stay with the Civil service Retirement plan and not go under FERS, but did begin paying Medicare tax. There are some differences in the rules, apparently, with regard to Federal Workers Compensation. When one is injured on the job, there is no way to have a final retirement until Federal workers Comp is finally settled. Laws were also passed that when one has a life sustaining medical needs such as home oxygen, then permanent medical benefits are awarded as soon as the claim is accepted. And before any decision is made as to whether one can work, etc. Many current employees and contractors of the agencies apparently are unaware of the rules that pertain to me. There has been no settlement although a schedule award was filed for in 1996. Extensive medical documentation has been submitted over the years and multiple doctors have signed for permanent disability. With much of the files going missing at times, a claims examiner in the Dallas OWCP office in 2007 mistakenly decided I'd refused to return to work in 7/1990, although the files clearly showed that I did and suffered physically with no reasonable accommodation which had been promised to me.
In 2/09, the Claims Authorization Board set aside that final excuse to not reinstate temporary wage loss and any other benefits being withheld. They also remanded the case and stated that i was to be asked for the facts of the case, since destruction of records by OWCP and contractors meant they didn't have a clue what was occurring in my file. They also stated that they can't review and issue that has never had an initial decision.
I waited and in 10/09 a check was sent me and a letter to start the permanent disability process. The claims examiner admitted that my leave records couldn't quite be understood. Also, there are CA1's & CA 2's in file on secondary and tertiary medical issues that have yet to be reviewed for acceptance along with the extensive medical documentation on those physical conditions. So, neither my claims examiner nor I have any idea exactly what medical issues will be negotiated for a schedule award , yet . Prior remands referred to these pending claims with no decision. Since we are dealing with, for the most part, internal organs that interact and cause harm to each other, these need to be decided as future medical care and who will pay for it should not be left to constant appeals and hassles.
Social Security, my employer, made decision on various Contending of Pay periods of time that i had filed for since 1/10/89, some I agreed with some i didn't. They have agreed to do the leave buy back, but need OWCP to make a formal decision as exactly what different periods of time should be; continuation of pay or wage loss under OWCP. There are numerous CA1's. CA2's and CA2A's filed since 1/10/89 and only most have never been ruled on.
There were numerous claim numbers placed on many of the claims, but in 1995, these were all consolidated under the original claims number by the Philadelphia OWCP office.
I'm aware and so were the Judges in 2/09, that you did not have all the information yet in the files to make the needed decisions. Also, there are out - of pocket expenses that have never had an initial processing and payment going back to 1989 despite numerous remands over the years for this to be done. Many medical providers have not been fully paid. Various insurance and other health plans such as Medicare have not been reimbursed either. Most critical is that Lincare is now the monopoly service provider of home compressed oxygen (liquid) in my area. They bought out health Connections which was being paid monthly by OWCP. No transfer ever took place. Federal Blues and medicare had paid for part of the time, but was stopped, allegedly by a past Director of OPM.
When ACS took over the processing of all paper files and claims for payment in /02, my reconstructed file of @35,000 pages was at the appeals board in Washington, D.C. It arrived in London, KY in 6/04 to be scanned in and worked and the entire file 'disappeared' out of their office and only pieces survived and misled the Dallas OWCP office as to what was occurring on my case. In 1/06, when Lincare called OWCP-they were told case closed and left the impression that I'd received a large settlement that included monies to repay them and other medical providers. Did not occur. When my new oxygen provider billed OWCP, the claims were not input by ACS because: the computer will pay them. I now understand that ACS's computer is still 'offline' of the official US DEPT of Labor computer that posts bi weekly to Medicare showing permanent medical benefits and Federal Blue Cross Blew Shield as my 2 primary payers since no schedule award has yet been done. Currently, our son is hauling tanks and paying out of pocket for me to stay alive and its a terrible financial hardship for the entire family. Lincare's headquarters won't budge without full payment and assurances form OWCP. Due to my occupational asthma, I'm approved for compressed air ( liquid) oxygen due to the ozone emission causing grave inflammation from concentrators. I've submitted all the invoices, etc from Lincare multiple times and those are still not processed.
Bills, and other issues not paid have appeals pending on them some for over a decade. To compound the problem is that prior to ACS taking over, the Dallas OWCP office was not itemizing what was or was not paid on out of pocket expenses. of curse I filed timely appeals and asked for an itemization so that the medical records could be associated with the items not paid. To date none of these appeals have been answered. Apparently, ACS, never forwards them to you either.
Further obstruction of medical care is that providers.suppliers have no idea whom to bill as when they cal ACS, they keep being erroneously told that my case is closed and some 'unknown' third party is to be billed. They wont tell me who that is either as its non-existent.
In 2005, I received permission from the Secretary of labor's office to reconstruct the file which was now @40,000 pages with new expenses and appeals, etc, Due to financial hardship caused by the 'disappearance of my file,' I was given permission to use the 1-800-215-4901 in Tallahassee, Fla. ACS and some very nice ladies boxed up the files and sent them to London, KY to be scanned and they 'disappeared' without being scanned in. Now the file is @ 50,000 pages and all the hard work by my family and I of putting my claim # on every page,etc is missing.
This time we need an agreement as to where the files can be faxed to and that they will be processed, scanned in, etc. and never disappear again. I do have a 'flat rate' long distance carrier now, and so it can be a fax number most convenient for you.
There are probably other legal paper work that needs to be done and this should be worked through also. I've suggested multiple times to start with 1989 and work forward completely each year 'building year by year.' This also resolves some issues of filing dates as it shows when different issues were 'discovered; and doctors made medical reference to the discoveries. Everything has been timely filed and refiled at great personal and financial expense.
OWCP temporary wage loss needs to be reinstated as of 1/3/99 and medical bills related the medical conditions already accepted need to be paid as they come in. Plus reprocessing the back log. In 2005, I'd submitted the medical bills from each provider with receipts and the medicals from each in an organized manner. Due to other matters that have occurred as a result of this not being taken care of , much of these files were pulled apart to submit to other health care appeals, etc. Which can be read about online in many blog comments by me.
Some of the medical conditions in the secondary and tertiary claims are for nerve damage in hands, etc. due to ABG needle sticks, heart, kidney, diabetes, gastrointestonal, etc. 50% vision loss due to cataracts, etc. mucousal membrane damage that never recovered, etc. All medically documented and filed over the last 21 years and claims 'disappeared'. Its physically harmful for me to have to get into all the ink and paper and hopefully, we can work through this to a final conclusion this time with out files constantly going 'missing.' Once all the back log is worked through, then I personally believe a fair and equitable settlement can be reached on the schedule awards and then I'll be in a better position to decide about taking a buy out of future OWCP payments and monies placed in escrow for future medical care to be paid by my FEHB health insurer OR; just receive ongoing monthly wage loss and have the covered medical bills paid by OWCP or my insurance health plan(s) reimbursed if they pay the bills first.
P.S. There has been no settlement of any third party law suits to date as OWCP has not yet determined what the 'damages' are. This has greatly hurt the taxpayer getting reimbursed if an out of court settlement agreement is not agreed to and the US Dept Of Labor and I must go to court after all this time to obtain reimbursement for the taxpayers. Compounding this is CNA 'wanting' to consolidate a 'slip and fall' case with the OWCP case since before I understood and was told the true nature of my injuries and that they were permanent and progressive, I'd gone back to school to train for another career and even though I didn't consider the 'cause' as related, I'm now aware of some other on-going 'shenanigans' that were occurring that may have led to why I was on the stairs at the point in time.
P.S.S. In the paper OWCP file is another accepted condition: pneumonitis; its on your internal cover sheet chart. But there are a lot of various medical problems commonly associated with this kind of traumatic injury. Its a miracle along with the medical of many good doctors that have continued to provide treatment with horrific billing problems that have allowed me to be here today. I've lost good doctors because they just couldn't go through the billing hassles anymore and needed to be paid fully and timely.
Linda Joy Adams

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1994.08.01 CR324 Linda J. Adams vs. Department of Health and Human Services

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Medicare gets aggressive in drive to recoup medical costs | Business Insurance

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