Violations of Civil Rights Page 4 -Federal Blues x-refer MA09-1406 Medicare DAB

Our medical providers are being 'told' that claims are being denied. Yet, Explanation of benefits, we get, say file with Medicare first and send the results to you. Both are incorrect. The only 'final' decision from the the highest Appellate Judge at Medicare dated 9/29/2010 states Federal workers comp needs to get the claim first, then you and lastly Medicare.  This will continue to be the legal line- up until OWCP gets me on permanent disability which continues to be obstructed as ACS-Xerox has yet to set up my computer file correctly so that the multiple remand orders from the US Dept of Labor judges, ( last  one 2/09) can be carried. out) You claim you got varying dates from OPM, yet their general counsel had the signed agreement with SSA  a few years ago and explained that OWCP law overrides all the other laws and no break in employment nor retirement can be finalized until OWCP is finalized. Many doctors and medical research consider my accepted conditions as permanent and progressive and my pulmonologist informed me at my last visit in 1/11 that regrowth of lung tissue may not happen in his lifetime and he's much younger than me. Even though, I've signed to start a retirement, OWCP has to act first, just as they respond to all medical bills first.

BILLING: Page 4

providers as they would have access to protected info on claims of many beneficiaries and could file more easily.Congress has made contractors immune from any criminal liabilities and internal audits.Often, govt contractors are subsidiaries of international conglomerates and our nation and tax monies are unprotected when thefts and abuses occur. The general counsel for Medicare has researched this, along with the justice dept. False Claims and Civil rights seem to be the only legal vehicles available. Appeals often go unheeded inside the contractors who have been given the authority for the first two levels The Miami Medicare hearing office is the subject of complaints of missing files from a multitude of attorneys and other appellants as a 'contractor' prepares the files and filings are not even logged in on arrival. Several of mine are now missing that had to be appealed as the  Independent Reconsideration Contractor has no legal authority to rule on the issues involved. Wisconsin Physicians doesn't even have someone to process a reconsideration for Oklahoma appeals.And won't even respond to the intitial appeals that were filed in 2007. When appeals do proceed upward, their is reluctance to provide the claims processing file as it reflects the wrong doings of the contractor who has violated the terms of contracts to uphold the laws  and constitution.

Amendment toDepartmental Appeals Board Medicare #09-1406: Request for Time and Clarification and Possible reoponing to revise decision

                                Amendment to Request for additional time: case M09-1406

Dear Judge: since your decision 9/29/2010 there has been some positive indications that your honor's ruling may be upheld by those inside the government and their business associates ( constractors). In my filing that was maled to yo this week, I mentioned that Reg office CMS official who tried to ''obstruct' your ruling. Today the Univsity of TX billing office called still not knowing whom to bill. This is the result of the letter sent to the intermediary at Medicare and the on-going intentional altering of the official records. I had to explain all this to the billing clerk and asked her to contact Greg Abbott the atty general of TX for assistance. My letter to him is in the claims files The Director of federal Workers Compensation office at the US Department of Labor in Washington, D.C has assigned one of his personal staff to see what can be done so that my bills can get paid as they have been made aware that Medicare is refusing to pay OWCP's bills that are obviously for accepted medical conditions. In my case, approved and paid many times since date of injury on 1/10/1989.
Today, via mail, I received the attached response from the CMS FOIA office which was an attempt to obtain info for the second hearing held in 1/09 on this case after I had evidence that the few claims you reviewed ( all since 8/1/00 were part of every level of appeal.)  But: NO BILLS PAID YET BY OWCP. Your acknowledgment that there is an active, open, OWCP case is crucial as only the appellate judges at OWCP @ the official computer files at OPM @ US Dept of Labor that few seem to have access to; seem to be of the same opinion as 'gossip and rumor' seem to be spewn about as facts. There last remand of 2/09 was to ask me, the claimant, for the "facts of the case." Every pending file in multiple agencies is 'missing'. The FOIA request attached is even more crucial for other files pending at DAB.

                                                                                      Sincerely,

                                                                                       Linda Joy Adams
CC: to all the parties on original request)
.

Death Panel laws reinstated:Medicare Appeals Board overturns conditional payment safety net on workers compensation cases

No workers comp benefits for widow of murdered employee: Court Business Insurance see my posted comment on the death panel decision from Medicare on Case #MA09-1406. Workers comp can delay and play games and not pay on approved care and medicare will no longer provide the safety net and go collect the mones back from the workers comp plan.