Linda Joy Adams
6/5/2011
Fax:
Thomas M. Dowd
Director
Division of Program Operations
U.S. Department of Labor
Office of Contract Compliance Programs
200 Constitution Ave, N.W.
E030 Room N3408
Washington, D.C. 20210
Dear Sir:
You don't seem to have all the information as to what is occurring with my contract compliance complaints against Medicare Coordination of Benefits, a US Dept of Labor contractor and also Affiliated Computer Services. The complaint against Medicare Coordination of Benefits is pending and an investigator is assigned. The violation of this contract has led to $4 million theft of the Medicare trust fund due to their non- compliance. See the complaint and detailed explanation and documentation.
Affiliated Computer Services has ' hijacked' the Federal workers compensation program. Recently an employee of the Dallas OWCP office said: we can't do anything with ACS ( letting them have access to my files. including judges remand orders) I had to refile a request to reopen with your office on ACS as I had not used the ' legal term' of facilitation. ACS has repeatedly blocked the faciliatation of my owcp case for almost a decade.
This all began with a felony destruction of four years of my file in the late 90's not long after my file was transferred from the Philadelphia office who had established the disease claim; CA-2 for occupational asthma. Pneumonitis and Inhalation of Toxic fumes with bronchiospasms had been established in 1989 on my 1/10/89 injury and although the occupation asthma was diagnosed and submitted to OWCP it took years to get that reviewed due to on going felony destruction of records. For 22+ years there has been NO SECURITY on my files in any agency.
The Director of OIG for US Dept of Labor had been prompted by Congressional inquiry into the blatant lack of secuity in the Dallas regional office. The felony disappearances were " overwhelming." Instead of finding out and arresting who was committing the criminal acts that lead to endangerment of life and livelihood; the response was to turn the security over to ACS. They are to treat everyone equally before the law and set up our files in a reasonable order so that cases can be worked. They are not to be the decider of fact and decide: judges orders and files should' disappear' and never be posted. Nor are they to be taking orders from a Director of OPM to : not input oxygen claims beacuse: they will be paid. They actually have 22 years worth unprocessed. Further she had informed others to: " let her die' in reference to me.
I have permanent medical benefits because of the need for home oxygen under the 1980's law that was passed to prevent just the kind of ' abuse of power' that has occurred. ACS was contracted to prevent this kind of abuses. Christina Stark admitted when Lynn Blodgett CEO of ACS contacted her last year she only had 4 out of dozens of CA1'sm CA'2's, and CA'2a
s and had no idea occupational asthma had been accepted and assumed there had been some kind of settlement although her office had no records to access after 1998 and those are not scanned in files, just computer codings. Even though a cover letter was with the file when transferred from my prior claims examiner in Philadelphia. We moved when my doctor said I could no longer work after maximum time to see if improvement would be good enough to return to some kind of work after the 4 year toruous daily injury by HHS-SSA ignoring their promise of reaosonable accommodation and a multitude of doctors signing also as they treated me as death got more imminent and even the State voc rehab advised me to keep on filing EEOC compliants not realizing that even sanctions are unenforceable against another federal agency.
I've spent over $10,000 submitting this file multiple times. The 12 judges and 2 hearing officers have pointed out that there are items back to 1989 requring initial review, processing and payment. In 2004, the remand plus file reconstruction arrived at London , Ky, ACS and ' walked out the door' before posting. Witnesses state that a now convicted criminal in the Jack Abramoff bribery scandal ordered them to not post the file even thought the remand orders were in the file and clearly stated items to be processed to justify ACS sending a bill for payment to US Dept of Labor.
ACS was contracted so that individual govt officials could not abuse their powers and commit life threatening crimes anymore.
Twice in recent years local Dallas officials tried to process and pay some benefits with out the needed records that have been submitted multiple times. Guessing and gossip have resulted in more chaos as they don't follow the laws and policies. My latest letter from them is requiring not only the file be resubmitted again and I make ACS make it available to them, but also they need the EEOC sanction, 240 EEOC complaints, dozen union grievances, and other documentation to show that HHS-SSA lied in writing when they offered reasonable accommodation in 1990 and made no attempt to do so ; thus a 4 year constant physical injury and great physcial pain ensued. This physical torture that came close to terminating my life is well documented. And they now want it. This entails more expense. I've sent certified letters to make arragments for a fax number to e made available as I do have a basic rate for long distance now. Another expense, made necessary by the non facilitation of ACS with regards to my OWCP file
Since the only oxygen provider of compressed air ( concentrators give off , for me life threateing ozone, I'm approved by all 3 health plans for life) was blatantly lied to in 2006 by ACS, they are refusing service.And are in defiance of the appellate judge at Medicare who ruled, using the official US Dept of Labor records which Cigna Govt Services provided to the judges, and are not available to the Dallas regional office of owcp. By ' throwing away' numerous requests for repayment from Medicare." Fed Blues , at the time ACS took over, decided to arbitrarily post false info that I'd gotten an owcp settlement and retired and thus stopped paying primary for non-covered owcp bills.
In 2006, ACS lied to Lincare with the same false info and even stated that I'd gotten the monies to pay them the monies owed as they had carried me without payment as the Medicare contractor, Palmetto GBA, wanted them to leave the diagnosis code off the medical necessity form as due to the high security on my Medicare claim number at US Dept of labor it wouldn't allow payment as OWCP is the primary payer. That's how strong and protective the '80's law is to stop the life taking abuses that had occurred in the early '80's with injured Federal workers. ACS has overturned every protection of federal workers with non compliance of contract, which FOIA has refused to give me for 6 years. Illegal behavior can't be in it.
My complaint agianst ACS is for blocking the facilitation of my owcp claim. There is only one claim number for all the claims as of 3/14/95. I was not permitted to leave work sick unless ca1, ca2 were filed. Plus there are secondary and tertiary issues to the accepted conditions that are usual progressions of the disease.
Dallas OWCP is not aware that due to ' shenanighans' with disappearance of records in '91, I lost even my medical benefits and did not get them back until I came close to death and security was beefed up in Philadelphia owcp office to get me transferred back to US Dept of labor jurisdiction effective 10/10/94.
Recent published medical research clearly shows that after the terrible traumitic exposure that I had, there is no hope for any kind of even partial recovery when one is constantly exposed to inflamming irritants which only have to be in parts per billion after such an injury. Thus the ' disppearance of files, every time the case starts getting worked has caused permanent and total disability. The policy of ' dumping' one back into an agency with no oversight to see if accommodations are occurring should change. in my case every time one of my co workers died, conditions were made worse as I had become a ' precedent' for my office and criminal charges should have been brought agianst high level officials for actions that contributed to deaths. And my medical records and treatment were evedince agianst certain individuals who were given authority over me.
With the file missing, the last Employee Compensation Board remand in 2/09 set aside, the reason for stopping wage loss, and to use my records to establish that I did return to work in 1990. Jean Graham was assigned my case in Dallas and she was familiar with my case in prior years, and proceeded to send me a letter to pursue my permanent disability claim that was filed in 8/96. ACS had not made avlalable to her even that request for schedule award and owcp attending physician letter and volouminous medical documentation that was sufficient for US DEPT of Education to waive student loans with in '98. It is highly probable that she could have made a postive decision if ACS had facilitated it and I wouldn't be trying to get contract compliance. US Ed's disability is even more severe than OWCP's as it is not just being unable to work but also not being able to attend school.
There is also, the issue of my cooperation with the Congressional committee on Govt reform in '97. Congressoman Dan Burton's aide, Mark Brasher said to me: Your case is perfect. ( for a congressional committee to use )The merits of your case is not in question but every weakness in the law has been used against you. We never got comprehensive owcp legislation, due to attention diverted to impeachment of the President. And for me: things got blatantly worse.
I'm sending you this to associate with the pending complaint. ( Your FOIA office has not made these contracts available to me. )But no govt contract can be legal that permits unconstitutional behavior.
Unless ACS allows access to my files; the claims examiner can't process anything.
most of my prescirpitons have not yet been processed and paid although approved for '90-today.
Three of my life sustaining inhalents are off the market due to use of CFC's and my current pulmonologist has me using an alternative that requires payment out of pocket from a stand alone pharmacy that he has to mix himself as the substitutes include life threatening ingredients. ( all well documented in file and Iwas asked for these records for congressional hearings in '97 for that by an independent doctor's lobby group that was aware of my well documented case; that resluted in a congressional waiver of the ban.) Everything has been timely filed and anything not paid was timely appealed but Dallas owcp doesn't even have those appeals to answer.
In recent months, I learned the reason that ACS won't process the 11 years of oxygen claims is becuase it would bring the offline system they have disparately set up on me online ( to charge you?) with the official US Dept of labor system and then the Dallas owcp office would get what Medicare coordination of benefits gets biweekly from US dept of Labor., but then they violate the terms of their contract and alter the info thus enabling overpayments against me and my providers/ suppliers and blatant theft of Medicare in what my local US atty's calls the biggest RICCO case in the hisotry of the USA as its been on - going for over a decade since the Sec of HHS decded to go to these contracts with employers and agencies and has not enforced their contracts form their side, either. Insiders say that over a trillion dollars is owed back to Medicare from the liability insurance industry over this blatant manipulation of claims by govt contractors. Even worse is the loss of life form altering diagnosis codes to circumvent the primary payer, which in my case is OWCP who should be getting all my claims first. Thus creating a fraudulent national health insurance data base that is being used more often for medcial history and a congressional study on wrongful death malparactice suits documents what happens when its used, and since its not under HIPPAA not even the doctor whose diagnosis was altered can get it corrected before harm to the patient occurs. Dr Berwicks's staff is currently working on getting it under HIPPAA.( Current Director)
ACS lies and tells billing personnel the same false info as Blues has and worse- out and out slander at times, which obstructs medical care. Thier call center employees are usual very courteous and few know that my file is not posted as others are and is ' offline' so no one knows the truth of the facts of my case so the lower rank employee is only providing the info ACS gives them. In 2/09, the three judges at ECAB were acutely aware of this problem with ACS and ordered; ask me for the facts of the case. To do this means a file reconstruction to start. It may be all that is needed. If not then additional info would need to be obtained and ACS has to allow it to be available to the claims examiners. Currently, they are not permitted to review anything until after ACS gets it. even faxes, mail or had delivered documents go direct to ACS in London, Ky. first to be posted. Even a new CA1 and Ca2 which their on line web site said could be filed with Dallas was sent there by certified mail and forwarded on to London, Ky and no response has been received and its not posted after 3 months according to an emplyee in the Dallas , office.
Sending info to E. Martin Walker , Regional Director of employment Standards in Dallas will only result in him having to send them to ACS before he can look at them and ACS won;t let him see the file either according to staff in Dallas. I've pleaded with him in past years to do something about making my files available to the Dallas OWCP office and he seems to be unable to do anything either without contract compliance enforced. Worse of all: the national director of Office of Inspector general's policy to not investigate felony disappearacnes out of US Dept of Labor offices means that even Mr. Walker can't be cleared of being a suspect in the felony destruction of 4 years of my file which has led to more years of physical and financial struggle to stay alive. Every one with access to the office is a suspect and that is unconstitutional to not have caught the thieves.Even in the late '90's fingerprints and hidden cameras were available.
Mr. Blodgett mislead? Ms. Stark last year, by saying my file got posted in '05. That was the subsequent file reconstruction. London, Ky refused to go along with Sec of Labor's arrangement letting us use the ACS 1-800 fax number to do a reconstruction after the '04 disappearance of the file. Tallahasse never got the documents back to process even though we had to redo all the travel vouchers and out of pocket expenses on the new forms. The Director of OWCP, Mr Fitzgerald found part of the missing records and mailed them on to Dallas and tried to by pass ACS. only to have those and records ' shredded' and the regional oig would do nothing about. it. All this was reported and documented and a local OIG official said investigation was not allowed. This wasn't just my files according to the ACS official ordered to do the shredding. I'm pleading for my life and livelihood in this response. Unless govt contractors are made to do their job they have put everyone at constitutional risk. AND more importantly, govt contractors must resist illegal orders from govt officials who try and use them to commit illegal acts that they wish to not be criminally liable for. I'm physically not able to do what is needed to keep reconstructing and filing papers over and over and ACS blocking even judges' orders. Medicare Coordination of benefits has cost me and my family physcial harship and finanical difficulty in violating the terms of their US dept of Lavor contract and causing no medical provider/ supplier being able to know whom to bill for a decade. CMS's fiscal director is aware of the terms of these contracts and said: no one is allowed to alter the posting, yet ' everyone' is allowed to do so. a couple of years ago they ' automated' the alteration so that there is only @15 minutes biweekly that anyone can find out whom to bill. Their elaborate offline system is not accessible by the contract auditors and so Medicare is not broke, its being stolen. I have filed with theri officie of civil rights on all these matters but this is an IT contract with US DEPT OF LABOR and would have stopped the non facilitation at ACS years ago as more and more collection letters piled up from medicare for bill they had to pay conditionally and undoubtedly the SEC of Labor and Congress would have been asking why no reimbursements and if the answer, we can't control our contractors, then Congress could hve given you whatever you need to do so. Social Security scans in when items arrive in their offices. ( not every office has this yet?) I had suggested that this be done at OWCP before ACS was given the contract: That way, all items received would be on line the same day as received. I don't have the monies to pay for a reconstruction copying and mailing charges and have them thrown away and never made available and never processed. Now Dallas is demanding ' everything' and faxing is only available. My family is helping as I have to limit exposure to the ink and paper. Please don;t lose sight of the last decade of problems due to felony disappearance of files in the cusotdy of US dept of Labor. ACS deciding what my cliams exainer can or can;t have available is violation of terms of contract especially when its coming from the highest judges in the agency. Every document is pertinent as the horrendous chaos and violations by other agencies and individuals keeps growing and that's considered pain and suffering in a third part law suit; which US Dept of Labor required Ifile to reimburse the taxpayer and them obstructed it. My attorny is a competent trial lawyer and con't move forward until US Depr of Labor figures up the damages. Its now 20 + years later and most prescriptions not processed, insurance companies never reimbursed , secondary/tertiary medical issues being treated in legal limbo and what has been paid is increasingly chaotic without the detailed records I've repeatedly submitted and the judges say should be accepted. The biggest problem I've had with OWCP sunce 1/10/89 is security on my files and the same problem has taken place in other agencies. High level officials have stated I was one of the national precedent cases and that means disappearance of my files not only harms me but anyone else with similar injuries from obtaining constitutional justice. The current OWCP system makes it possible for just one high level official to abuse power and cause this kind of havoc that contracting out was to stop. Linda Joy Adams ( just do a name search on line for more of what has occured)
Showing posts with label Medicare coordination fo benefits. Show all posts
Showing posts with label Medicare coordination fo benefits. Show all posts
Sunday, June 5, 2011
Thursday, March 31, 2011
Violations of civil rights page 31: owcp reconsideration on schedule award issue and request to make ACS give you the files
Office of Federal Workers Compensation
525 Griffin St.
Dallas, TX 75202
Attn: Christina Stark regional office manager
Teresa Davis, Claims Examiner
I received a ' ludicrous' response to a 1996 request for a schedule award. Its not funny, but life threatening to take what seems to be a few pages from Medicare's collection unit contractor attempting to collect monies back to them for bills approved by federal workers compensation that you seem oblivious to because you don't have my file available?.You have numerous reconsiderations that have gone unanswered and also many ca1'. ca2's and ca2a's n file that have never had an initial decision even with 9 judges and 2 hearing officers pointing out they can't review something with no initial decision. In 2/09, if you had read the last 3 appellate judges remand, you would know, if you had the entire file available to understand the context as they do, that when they set aside the misinformation that I didn't return to work in 1990 even when documented with 240 EEOC complaints and EEOC sanctions for the tortuous and painful and physically harming ordeal I went through trying to work without the promised reasonable accommodation s that HHS said they should provide. HHS was the employing Dept over SSA and EEOC matters are still pending against them that have never been settled. When monies were sent me in mailto:'09@'05 from your offline office system, which raises a grave security issue, the claims examiner did not make decision on the ca1'. ca2's , ca2a' in file so that Social security, my agency in conjunction with HHS's personnel office could go ahead and do the leave buy back. This takes a formal decision from OWCP, even if SSA and I are in agreement.
Are you saying that US dept of Labor judges and claims examiners have no control over filings, or what you can see to render decision, that Affiliated computer systems is allowed to pick and choose what they want you to see and that includes judges' remand orders? ACS, who has not processed over 3/4THS of my bills and not input 11 years of oxygen bills because: the computer will pay them as their manger said and would result in the offline ' dummy ' file they set up being brought on line with the official US dept of labor secured file on me in Washington that shows permanent medical benefits for my accepted conditions. Which the Medicare judges were able to obtain, but not my claims examiner nor the bill paying unit at Affiliated computer systems.
I'm in this life threatening situation due to felony destruction of my files in the Dallas regional office before Affiliated computer services took over as a result of the criminal investigation of the regional office and laxity of security on multiple claimants files. 4 years of my life were taken out' of the file so that my file could be overturned as it made it look like I didn't return to work in 1990. The hearing office remanded the case and neglected to make the needed statement to ' set aside that erroneous decision.' Finally the last three judges at ECAB did say the ' magic words' so that wage loss can be reinstated. They had the CSR applications and statements, all the other pertinent info and again reminded OWCP of the many issues in file needing initial decisions.
Nothing that the judges ordered have been done. especially for you to ask ME for the " fact of the case' as they knew no one knew what was going on and was only getting bits and pieces from ACS.
Why do I, the claimant have to make the US dept of labors contractor obey the terms of a govt contract which would not be legal if all persons weren't treated equally. Their job is to post the various pieces of the file that come from all directions, whether, me or the highest judges in the agency. They are not to refuse to set up my basic file and make it disappear as what happened in 6/2004 when 35000 pages of the reconstructed file arrived from the appellate judges at ECAB and ' walked out the door to be worked but not before, as few misleading pieces were posted to manipulate the outcome.
With permission from the Secretary of Labor, I was permitted to use the 1-800 number at the ACS Tallahassee Fl office and we put claim numbers on every piece, and redid all the out of pocket bills and travel vouchers back to 1989 on the new forms so they could be paid, only to have the boxes they sent up to the London Ky ACS office, again disappear. Since then multiple times, documents have been sent in only to have them never reach the claims examiners to review and make decisions based on the ' facts of the case'
Remember ACS has ' decided to lie to every medical provider and supplier and other parties with interest in the case and say the case is closed when it obviously isn't or you wouldn't be trying to decide a permanent disability without the extensive documentations in the file. Exactly what schedule award is being done? The entire list of accepted conditions has not yet been determined as no ca1or ca2 has had an initial decision since the 1990's. This is a progressive disease with long term side effects of approved medications, etc.
HOW CAN THE FILINGS GET TO THE CLAIMS EXAMINER? Can't you ' control' your contractor and order them to treat every claimant equally and stop discriminating against me, an elderly, disabled woman, whose religion is to value all life, including mine.
After years of this, I wrote numerous certified letters that were never answered and left messages. how can i get the facts of the case, i. e the file you should already have in front of you so the various items can get worked,.
A few weeks ago, i discovered on your web site, I could now file a CA1 , and ca2 with your office. I have a injury that was secondary, tertiary to the original accepted conditions and sent them to you and they were received by your office. However, you never got them and probably never will as is the usual situation. They were immediately set to ACS in London Ky to add to a non existent computer claims file. If one saw only the filing, out of context of the entire file, it may make little sense to some not familiar with the medical consequences of 22+ yeas on cortisone steroids and the prior similar type claims never answered either.
There is nothing to file with ECAB as you haven't reviewed the filings yet and The judges will just send you another remand to work the case. I fell with unfilled prescription as suppliers have to know who will be paying out of my three health plans and the diagnosis listed is the accepted one at owcp. They have called ACS and gotten lied to. ACS is the ' third party?' Once, they were promised the file was being set up up a few years ago and it never was. Some of the call center ACS employees are aware they don't know what is going on, others have not been informed to tell the truth, that the file isn't set up so medical care will continue to be obstructed. That's not the terms of ACS's contract at all to discriminate and manipulate outcomes of claims decisions. Contract wouldn't be legal if it did.
I have suggested in the certified letters, to pay current wage loss since the reason for suspension was now officially set aside by your highest judges, that no other interested party, my agency nor you appealed. Then call Lincare and make it right for the lies to them that I'd received some humongous settlement that included the monies to pay them causing the monopoly oxygen supplier in my areas to cease service: another death panel decision. They of course want paid and the invoices are in the file and never processed. They bought out Health Connections and now have the contract with you and payments are not being made since the buy out.Arkansas Blues did pay, duplicate, for some of the months and continued to do so until Ill Blues took over in my area and decided to post erroneous info that no owcp exists and dumped the bills on to Medicare's contractor, Palmetta GBAwho balked at paying owcp's bills until Cigna took over and paid the invoices they had ( many were destroyed by palmetto gba whose parent company has just bought cigna govt services out. ) They sent them to the recovery unit who had sent out some collection letters to owcp in ' 05 and 07 and these were sent to you in '08 and ignored on other obvious bills. I filed an appeal for an enforcement of the collection and the Medicare judges got the internal documents you can't seen to be able to access. Its posted bi-weekly to the Medicare computer and no one is to alter it per Medicare's coordination of benefits a subsidiary of Group health , who maintains it for the entire country and all who have a Medicare card. They are in violation continually of their US Dept of labor contract which adds to the obstruction and is engaged in a theft of the Medicare trust fund when all claims should be coded conditional payments and sent to owcp to collect the monies back and stop this on -going discrimination.
On 9/29.,2010, Judge Gilda Morrison, appellate judge on case m09.1406 upheld the two Administrative law Judges ruling that owcp and fed blues were primary to Medicare ; but ruled that owcp is to pay the oxygen bills, i.e. owcp needs to review all my bills first and either pay if for accepted conditions and then notify providers on others that the medical issues are pending for acceptance and to let fed blues and Medicare pay but code for a future decision and repayment to them should they be accepted. None of the constitutional and logical processes are occurring which puts my life at great risk and me paying out of pocket for life sustaining medical care with approval for life by owcp. and spending monies to file and refile papers that never get reviewed in defiance of judges remand after judges remand.
Ms. Davis and Ms. Stark are new to this case and when Lynn Blodgett, President and CEO of ACS came over to you with the letter I had sent him and published at washingtonpost.com to him in early '09; he ' neglected to inform you that his London Ky office was and had been refusing to set up my computer file. This is a real he said, she said but the result is my claims examiner is still being giving bits and pieces of a file and a manipulated result. No one should infer your letter of 3/28/2010 that this concerns any other issue but the 1996 schedule award, on which condition? and since you apparently never read the 2/09 judges remand nor the many letters I' d sent requesting some system to reconstruct the facts of the case,i.e. the file; you obviously had everything withheld from you by ACS so that they now control judges and claims examiners and what they can do. This company could set up a $0 balance ATM card and ask the state of OK to maintain it for 2 years when no welfare benefits were due, but can't set up my life sustaining computer file for the US dept of labor.
As a result of a recent speech by Secretary of labor Hilda Solis, I filed a contract compliance complaint with the US dept of labor in Washington d.c and a civil rights complaint's against them and Medicare coordination of benefits for altering the official records continuously for a decade, both of which are the US dept of labor's contractors that have gravely discriminated against me and my right to live. Then, your letter arrives as a result of the filing? is this to be construed as a retaliations by ACS, for ' feeding you a few pages, again? Medicare coordination of benefits doesn't remove the owcp, they just got involved in a ' ricco' situation (US atty's words) where Trailblazers and others used phony Medicare claim numbers and altered diagnosis codes to circumvent the security, from the us dept of labor, on my real claim number that kicks back the bills as owcp's required they be processed as conditional payments and collection letters sent to owcp for repayment. Routinely ignored by ACS, this time passed on to you?
This is a reconsideration request AND a request for a system to be set up to present to you the documentation, etc and other matters that are pending before you , but withheld by your contractor which I now consider a retaliation as well as on -going discrimination.
ARE YOU REQUIRING ME TO SUE AFFILIATED COMPUTER SYSTEMS ON BEHALF OF THE US DEPT OF LABOR? If so, will your legal counsel fully cooperate and will you be fully cooperative in providing documentation and testimony and finances to do so so that the discrimination and retaliation will cease and my approved bills will be paid and other benefits paid as approved and receive fairness and justice in the deciding of any other items before you and anything that may need to be presented in the future?
Linda Joy Adams
22+ year struggle for life on a non- controverted accepted, established case with permanent medical benefits under a laws that was past to prevent deaths when these kinds of abuses of power and discrimination's occur. REMEMBER: my file was feloniously ' riffled ' in the Dallas regional office that started this last 11 + year old life and death struggle.
ACCIDENT REPORT:
The phone calls today to verify the on-going discrimination has had a terrible toil on my accepted medical conditions and rest is badly needed, but this request had to be filed as there is no assurance that anyone will take their responsibility to my life and files to assist. I can't go to London Ky and post the files myself having nether the skills or authority to do so without further physical injury and exacerbation's of my accepted conditions. The physical theraphy has made a new discovery of a related injury; the atrophy? of muscles surrounding the diapraham. Since 1/10/89, I can only breathe from the ' stomach' as 'chest breathing' is no longer possible due to the extensive damage from the orignal injury. Recently read that the method of breathing I use, along with 24/7 Oxygen, is being widely accepted for this kind of injury. We no longer die in 5 years as my case proves. But every exacerbation reduces my longevity and its not fair and just for what is occurring to be happeinng, its illegal and discriminatory and unconstitutional.
525 Griffin St.
Dallas, TX 75202
Attn: Christina Stark regional office manager
Teresa Davis, Claims Examiner
I received a ' ludicrous' response to a 1996 request for a schedule award. Its not funny, but life threatening to take what seems to be a few pages from Medicare's collection unit contractor attempting to collect monies back to them for bills approved by federal workers compensation that you seem oblivious to because you don't have my file available?.You have numerous reconsiderations that have gone unanswered and also many ca1'. ca2's and ca2a's n file that have never had an initial decision even with 9 judges and 2 hearing officers pointing out they can't review something with no initial decision. In 2/09, if you had read the last 3 appellate judges remand, you would know, if you had the entire file available to understand the context as they do, that when they set aside the misinformation that I didn't return to work in 1990 even when documented with 240 EEOC complaints and EEOC sanctions for the tortuous and painful and physically harming ordeal I went through trying to work without the promised reasonable accommodation s that HHS said they should provide. HHS was the employing Dept over SSA and EEOC matters are still pending against them that have never been settled. When monies were sent me in mailto:'09@'05 from your offline office system, which raises a grave security issue, the claims examiner did not make decision on the ca1'. ca2's , ca2a' in file so that Social security, my agency in conjunction with HHS's personnel office could go ahead and do the leave buy back. This takes a formal decision from OWCP, even if SSA and I are in agreement.
Are you saying that US dept of Labor judges and claims examiners have no control over filings, or what you can see to render decision, that Affiliated computer systems is allowed to pick and choose what they want you to see and that includes judges' remand orders? ACS, who has not processed over 3/4THS of my bills and not input 11 years of oxygen bills because: the computer will pay them as their manger said and would result in the offline ' dummy ' file they set up being brought on line with the official US dept of labor secured file on me in Washington that shows permanent medical benefits for my accepted conditions. Which the Medicare judges were able to obtain, but not my claims examiner nor the bill paying unit at Affiliated computer systems.
I'm in this life threatening situation due to felony destruction of my files in the Dallas regional office before Affiliated computer services took over as a result of the criminal investigation of the regional office and laxity of security on multiple claimants files. 4 years of my life were taken out' of the file so that my file could be overturned as it made it look like I didn't return to work in 1990. The hearing office remanded the case and neglected to make the needed statement to ' set aside that erroneous decision.' Finally the last three judges at ECAB did say the ' magic words' so that wage loss can be reinstated. They had the CSR applications and statements, all the other pertinent info and again reminded OWCP of the many issues in file needing initial decisions.
Nothing that the judges ordered have been done. especially for you to ask ME for the " fact of the case' as they knew no one knew what was going on and was only getting bits and pieces from ACS.
Why do I, the claimant have to make the US dept of labors contractor obey the terms of a govt contract which would not be legal if all persons weren't treated equally. Their job is to post the various pieces of the file that come from all directions, whether, me or the highest judges in the agency. They are not to refuse to set up my basic file and make it disappear as what happened in 6/2004 when 35000 pages of the reconstructed file arrived from the appellate judges at ECAB and ' walked out the door to be worked but not before, as few misleading pieces were posted to manipulate the outcome.
With permission from the Secretary of Labor, I was permitted to use the 1-800 number at the ACS Tallahassee Fl office and we put claim numbers on every piece, and redid all the out of pocket bills and travel vouchers back to 1989 on the new forms so they could be paid, only to have the boxes they sent up to the London Ky ACS office, again disappear. Since then multiple times, documents have been sent in only to have them never reach the claims examiners to review and make decisions based on the ' facts of the case'
Remember ACS has ' decided to lie to every medical provider and supplier and other parties with interest in the case and say the case is closed when it obviously isn't or you wouldn't be trying to decide a permanent disability without the extensive documentations in the file. Exactly what schedule award is being done? The entire list of accepted conditions has not yet been determined as no ca1or ca2 has had an initial decision since the 1990's. This is a progressive disease with long term side effects of approved medications, etc.
HOW CAN THE FILINGS GET TO THE CLAIMS EXAMINER? Can't you ' control' your contractor and order them to treat every claimant equally and stop discriminating against me, an elderly, disabled woman, whose religion is to value all life, including mine.
After years of this, I wrote numerous certified letters that were never answered and left messages. how can i get the facts of the case, i. e the file you should already have in front of you so the various items can get worked,.
A few weeks ago, i discovered on your web site, I could now file a CA1 , and ca2 with your office. I have a injury that was secondary, tertiary to the original accepted conditions and sent them to you and they were received by your office. However, you never got them and probably never will as is the usual situation. They were immediately set to ACS in London Ky to add to a non existent computer claims file. If one saw only the filing, out of context of the entire file, it may make little sense to some not familiar with the medical consequences of 22+ yeas on cortisone steroids and the prior similar type claims never answered either.
There is nothing to file with ECAB as you haven't reviewed the filings yet and The judges will just send you another remand to work the case. I fell with unfilled prescription as suppliers have to know who will be paying out of my three health plans and the diagnosis listed is the accepted one at owcp. They have called ACS and gotten lied to. ACS is the ' third party?' Once, they were promised the file was being set up up a few years ago and it never was. Some of the call center ACS employees are aware they don't know what is going on, others have not been informed to tell the truth, that the file isn't set up so medical care will continue to be obstructed. That's not the terms of ACS's contract at all to discriminate and manipulate outcomes of claims decisions. Contract wouldn't be legal if it did.
I have suggested in the certified letters, to pay current wage loss since the reason for suspension was now officially set aside by your highest judges, that no other interested party, my agency nor you appealed. Then call Lincare and make it right for the lies to them that I'd received some humongous settlement that included the monies to pay them causing the monopoly oxygen supplier in my areas to cease service: another death panel decision. They of course want paid and the invoices are in the file and never processed. They bought out Health Connections and now have the contract with you and payments are not being made since the buy out.Arkansas Blues did pay, duplicate, for some of the months and continued to do so until Ill Blues took over in my area and decided to post erroneous info that no owcp exists and dumped the bills on to Medicare's contractor, Palmetta GBAwho balked at paying owcp's bills until Cigna took over and paid the invoices they had ( many were destroyed by palmetto gba whose parent company has just bought cigna govt services out. ) They sent them to the recovery unit who had sent out some collection letters to owcp in ' 05 and 07 and these were sent to you in '08 and ignored on other obvious bills. I filed an appeal for an enforcement of the collection and the Medicare judges got the internal documents you can't seen to be able to access. Its posted bi-weekly to the Medicare computer and no one is to alter it per Medicare's coordination of benefits a subsidiary of Group health , who maintains it for the entire country and all who have a Medicare card. They are in violation continually of their US Dept of labor contract which adds to the obstruction and is engaged in a theft of the Medicare trust fund when all claims should be coded conditional payments and sent to owcp to collect the monies back and stop this on -going discrimination.
On 9/29.,2010, Judge Gilda Morrison, appellate judge on case m09.1406 upheld the two Administrative law Judges ruling that owcp and fed blues were primary to Medicare ; but ruled that owcp is to pay the oxygen bills, i.e. owcp needs to review all my bills first and either pay if for accepted conditions and then notify providers on others that the medical issues are pending for acceptance and to let fed blues and Medicare pay but code for a future decision and repayment to them should they be accepted. None of the constitutional and logical processes are occurring which puts my life at great risk and me paying out of pocket for life sustaining medical care with approval for life by owcp. and spending monies to file and refile papers that never get reviewed in defiance of judges remand after judges remand.
Ms. Davis and Ms. Stark are new to this case and when Lynn Blodgett, President and CEO of ACS came over to you with the letter I had sent him and published at washingtonpost.com to him in early '09; he ' neglected to inform you that his London Ky office was and had been refusing to set up my computer file. This is a real he said, she said but the result is my claims examiner is still being giving bits and pieces of a file and a manipulated result. No one should infer your letter of 3/28/2010 that this concerns any other issue but the 1996 schedule award, on which condition? and since you apparently never read the 2/09 judges remand nor the many letters I' d sent requesting some system to reconstruct the facts of the case,i.e. the file; you obviously had everything withheld from you by ACS so that they now control judges and claims examiners and what they can do. This company could set up a $0 balance ATM card and ask the state of OK to maintain it for 2 years when no welfare benefits were due, but can't set up my life sustaining computer file for the US dept of labor.
As a result of a recent speech by Secretary of labor Hilda Solis, I filed a contract compliance complaint with the US dept of labor in Washington d.c and a civil rights complaint's against them and Medicare coordination of benefits for altering the official records continuously for a decade, both of which are the US dept of labor's contractors that have gravely discriminated against me and my right to live. Then, your letter arrives as a result of the filing? is this to be construed as a retaliations by ACS, for ' feeding you a few pages, again? Medicare coordination of benefits doesn't remove the owcp, they just got involved in a ' ricco' situation (US atty's words) where Trailblazers and others used phony Medicare claim numbers and altered diagnosis codes to circumvent the security, from the us dept of labor, on my real claim number that kicks back the bills as owcp's required they be processed as conditional payments and collection letters sent to owcp for repayment. Routinely ignored by ACS, this time passed on to you?
This is a reconsideration request AND a request for a system to be set up to present to you the documentation, etc and other matters that are pending before you , but withheld by your contractor which I now consider a retaliation as well as on -going discrimination.
ARE YOU REQUIRING ME TO SUE AFFILIATED COMPUTER SYSTEMS ON BEHALF OF THE US DEPT OF LABOR? If so, will your legal counsel fully cooperate and will you be fully cooperative in providing documentation and testimony and finances to do so so that the discrimination and retaliation will cease and my approved bills will be paid and other benefits paid as approved and receive fairness and justice in the deciding of any other items before you and anything that may need to be presented in the future?
Linda Joy Adams
22+ year struggle for life on a non- controverted accepted, established case with permanent medical benefits under a laws that was past to prevent deaths when these kinds of abuses of power and discrimination's occur. REMEMBER: my file was feloniously ' riffled ' in the Dallas regional office that started this last 11 + year old life and death struggle.
ACCIDENT REPORT:
The phone calls today to verify the on-going discrimination has had a terrible toil on my accepted medical conditions and rest is badly needed, but this request had to be filed as there is no assurance that anyone will take their responsibility to my life and files to assist. I can't go to London Ky and post the files myself having nether the skills or authority to do so without further physical injury and exacerbation's of my accepted conditions. The physical theraphy has made a new discovery of a related injury; the atrophy? of muscles surrounding the diapraham. Since 1/10/89, I can only breathe from the ' stomach' as 'chest breathing' is no longer possible due to the extensive damage from the orignal injury. Recently read that the method of breathing I use, along with 24/7 Oxygen, is being widely accepted for this kind of injury. We no longer die in 5 years as my case proves. But every exacerbation reduces my longevity and its not fair and just for what is occurring to be happeinng, its illegal and discriminatory and unconstitutional.
Friday, March 11, 2011
Saturday, February 19, 2011
Monday, February 14, 2011
Violations page 5: Dept of Labor Contractor Compliance/Civil Rights
Attached: Before filing with HHS- OHR right as covered also from with 3 Health plans; I got misled as DOL said this wasn't covered by you. DOL Deputy Sec recently spoke to AFGE and indicated that that interpretation has changed along with the Justice dept and CMS. Attached is violations that cover only the last few days as a result of non- compliance with U.S Dept of Labor contractors.More coming. I physically can barely meet filing deadlines but life and livelhood are at stake; no choice if the choice is LIFE. To combat the false info and 'smear' campaign that is spewed out as facts' i'm been advised to blog. There are numerous summaries attached. I made one 'package' to file with numerous parties. The convoluted, interlocking contracts with multiple agencies allows offender(s) to manipulate the system and harm from multiple entities. The highest judges at Medicare and US Dept of Labor have ruled. Until the contractors obey ( they won't and aren't) the merits can't be processed. This is not a complaint about the judges' orders; its the contractors Obstructing the process in defiance. OWCP 's employees don't even know what the judges are ruling on when the file is not in order to refer to the decision they set aside on 2/09( they said to ask me for the facts) and should have resulted in reinstatement of wage loss and bills paid and other items being processed that have never have been as far back as '89 in some items. Current life sustaining medical care being obstructed. No RICCO would have occurred with Medicare's if DOL contracts obeyed.
Thursday, October 28, 2010
OWCP, current recap and supplemement to OWCP, Medicare filings
GAO audit: Public records mishandled by National Archives: "- Sent using Google Toolbar" see my comment on recap of current OWCP situation
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