DailyDDoSe™ October 11, 2011 by @ELyssaD™ Justice for TCFM (and stupid too)

October 11, 2011 9:22PM EST





Agent Daddy is currently trying to pass legislation that would make it illegal to be a Total Complete Fucking Moron (TCFM) AND stupid too.

He even tried to arrest some fuckwits using his old badge from his days as Deputy Chief of Criminal Investigations with the Department of Justice: Eastern District of Pennsylvania.

He was just peeved that he had to put up with some loud teenagers on the train after one of his clients boiled his hard drive to destroy legal evidence from his VERY high profile Wall Street Firm.

Agent Daddy & I don't agree on much~ especially when it involves the law, but we do agree on this little piece of fantasy legislation!

My father and I have very different views on justice. Especially white collar crime and corporate crime.

I personally feel it is more serious and has a greater potential for harm against the American citizens than most street crime. But he is the expert.

On both.

Prosecutor, Arbitrator, Defense (Judge and Jury) dating back to ABSCAM, MOVE, Five Squad and the War on Drugs.

From there he moved on to White Collar Criminal Defense and represented scum who make millions off junk bonds, Ponzi schemes, RICO, extortion and other shady deals that defraud the public and the United States (including the FDA) I could name names, but all you need to do is a little search on Westlaw keyword "fraud"

Daddy thinks it is a game. One he has played quite well since he graduated at the top of his class at Harvard Law the year before I was born.

As an expert in computer crimes, I went to him after my pc, cell and life was hack3d.

His assistant, Frank, a decent honest man who was wrongfully indicted and tried for RICO Conspiracy while working the under Federal authority of Drug Czar, Bill Bennett (Daddy's racquetball partner) and was acquitted the same year my father terminated all parental obligations. 1988.

My father petitioned the court and then signed off (as a Judge pro tempore for the Philadelphia Court of Common Pleas reversing ALL support orders when I was fifteen years old. The court docket is dated August 15, 1988.

As the judge of record, even the most basic legal obligations were simply "vacated" and I have paid for it ever since. Health care fraud and abuse of process were established when I appealed to the Insurance Department and the Department of Public Welfare under a Title IV-D request.

All parties ruled in my favor yet none had the authority to override the bogus court order or enforce the $100/day penalty fee for each day I was denied a copy of my benefits book (EOBs) after I provided overwhelming evidence that my health insurance benefits were being used illegally for a variety of reasons.

I was accepted into a doctoral program in (ironically) Health Policy Evaluation and received financial aid offers only to learn that my taxes were being fucked with too. I was "randomly selected" for verification by the Department of Education (not so random) and the IRS and the Financial Aid Office demanded copies of my PARENT's tax returns.

Meanwhile Blue Shield Blue Cross demanded a QMCSO to treat a spinal lesion that in my thoracic spine that went untreated until it was too late to stop the progression of the degenerative condition that would leave me unable to write or feel my hands for most of my twenties and early-mid thirties.

Terminal liability and COBRA were non issues with out that little piece of paper (Qualified Medical Child Support Orders and all other legally mandated child support under ERISA, and other mandatory state and federal health care laws.

Frank told me the truth. And though I only met him a few times, he was the one who sent me proof of insurance and I beg each and every person who happens upon this hidden post to please start a legal defense fund for Frank and donate generously since he is the one who selflessly ran interference between my father and I to help me get healthcare.

After years of abusive legal bullshit, I turned to Frank when I learned how serious the hacking was and learned that my father was all too aware that evidence and legal documents were being systematically removed from my private folders. Documents he sent me from Munich that threatened to terminate all my benefits as a result of my parents' criminal negligence; and fancy financial footwork (FRAUD).

Last October a "do-gooder" listed me as a missing person after my cell was jammed and someone wrote a bullshit piece that was circulated by strangers who knew nothing about me or my circumstances.

They called the police because I didn't respond to a text message from a stalking psycho who then issued missing persons report and THIS made the news? 1. I don't have text messaging on that number. 2. Even if I did, I wouldn't take their calls anyway. Self-righteous political puppets and busy bodies that relentlessly used my story and blog posts to promote their own agenda (and I kinda drive traffic ~ 3/4 million

Category:

News & Politics

Tags:

• OccupyWallStreet
• Corruption
• RICO
• Conspiracy
• Law
• Fraud
• DailyDDoSe™
• VERITAS
• Illuminati
• WhiteCollarCrime

TRANSPARENCY FOR ALL: PRIVACY DAY

#nocleanfeed http://quixote.org/ej/archives/mumia/corr.html

 TIME How Cops Go Bad

DRAFT: [NO SPELLBOT OF BLOGGER]

For anyone who would like to know why I feel so strongly that any reform that does not address the issue of regulation, oversight and enforcement... perhaps my experience will serve as an example of how the judicial system fails to protect those who so desperately need help to fight injustice, inequity and corruption in the United States of America.








At twenty-two…


At 22 I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.


Yes, I had insurance. But who was there to make them pay???


14 years later, I finally received surgical intervention, and I could feel my hands again. As a wanna-be writer, that alone had been a miraculous gift for almost 18 months.


Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.


I wanted a diversion. I wanted a purpose.  I wanted people to learn from my experience, so that they would not find themselves bankrupt in every sense of the word before the age of 25.


Even more disturbing than the damage to my spinal cord, is the realization that I missed mosre than 14 years of my life. So not only did I waste my time and money on an education I will never be able to use, I wasted a window of opportunity. A moment in time when I almost had a world the world at my fingertips.

MEMO From Law Offices of Marc Durant

4/12/94

Dear Elyssa,

Our Penna Blue Cross Shield will not [note double underscore] be applicable in the Tennessee Thus, please do not use the numbers for doctors drugs, etc.

Also, do not tell doctors to bill us for any reason.  Dad

At twenty-two…










I was 22.

The next four years would prove to be the closest one could become as i fell following a trail that that never squesks clean.  

I learn the most significant defining factor in my life.  My FBI facts were nothing but lies.  I must sign off my signal goes to blank but before I go learn from my transparency that these are the only thing that keeps me on the radar.  It may corrupt fbi snipers but someone for once may here me scream for Justice for All.  I am only #ONE  Just me. Spotty. Just a girl without a new plan.   [insert american girl when web feed works #TwitterShitter]

I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.

Yes, I had insurance. But who was there to make them pay?
14 years later, I finally received surgical intervention, and I could feel my hands again. As a wanna-be writer, that alone had been a miraculous gift for almost 18 months.

Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.

I wanted a diversion. I wanted a purpose. I wanted people to learn from my experience, so that they would not find themselves bankrupt in every sense of the word before the age of 25.

Without any real place to go after college, I felt I had no other choice than to become a professional student of sorts—you know, the ones who stay in school forever to take advantage of cheap housing, health insurance, and student loans.



SHIT MY DAD SAYS, FORMER DEPUUTY CHIEF OF CRIMINAL INVESTIGATIONS, EASTERN DISTRICT OF PENNSYLVANIA 
EXPERT AND TASK FORCE FOR SEC #MADOFF INVESTIGATION


Unfortunately, I wandered aimlessly through the system acquiring useless knowledge and letters after my name that do not mean jack in the real world. But it distracted mye from the fact that my spinal cord continued to worsen my physical and emotional health.

So with no prosepects on the horizon-- and so thrilled thto feel my hands today, that the one thing I can do is write. So for now, I write, maybe tomorrow I'll read, but if there is any justice left in this world, maybe someday I will actually live.


http://my.barackobama.com/page/community/post/elyssadurant/gGxh4R/commentary

Despite having four individual insurance policies including a major plan with Blue Cross Blue Shield for $1,000,000; I still wound up on Medicaid, and eventually welfare and social security with a total income of under $6,000 / year.

The insurance investigators ultimately ruled in my favor, however I was unable to collect any damages for two reasons: Although mandatory federal fines in the amount of $560,000 would require legal assistance and complicated civil litigation that would be timely, costly, and emotionally traumatic. Second, under federal law, grants immunity to ERISA plans: a type of group insurance that is totally untouchable due to federal preemption of state law that leaves the beneficiary without recourse or the ability to collect punitive damages under federal law. Corruption Scandal 

Unfortunately, this was a very complicated case that involved unscrupulous attorneys that involved tax and insurance fraud, and has yet to be resolved despite the overwhelming evidence of fraud and the favorable ruling from the insurance department. It should also be notes that no criminal charges were ever brought against any of the participants, which s even more disturbing if you knew the history of the parties involved, some were arrested for RICO conspiracy, Tax Evasion, Embezzlement, Extortion, and wire fraud. One man actually shot himself in the head one month after the Insurance Dept. opened the investigation. 

So one is dead, one got off on a technicality, one was acquitted, and several others were never prosecuted. I however, pay a price for their crimes every day of my life, I now live in a prison of sorts: a prison of poverty, and despair with no real expectation of change on the horizon.

So here are the facts


I recently learned that for the last 14 years, my parents have been using my social security number to claim as (1) an employee -- thus covered under an ERISA beneficiary plan that I have never been able to access and (2) was claimed as a dependent on my mother's NY State tax return for many years making impossible for me to file taxes or obtain insurance, disability benefits, or student financial aid since neither parent is willing to release a copy of their return.

I filed a complaint with the Pennsylvania Insurance Department in 1995, and received response six months after the policy had expired. Despite the considerable evidence I provided to the Insurance Dept. and Pennsylvania Blue Shield, I was told that despite the overwhelming evidence that I provided, the Insurance Dept. Did not have the authority to override the terms of the contract.

Since ERISA mandates that all beneficiaries (including insured dependents) be given a copy of the policy (among other forms of insurance identification, e.g., EOBs, Insurance ID C, and a copy of the policy, my requests for ERISA mandated materials were repeatedly denied until the Jason Manne from the Dept. of Public Welfare sent a letter to my insurance carrier to inform them that they in accordance with federal law, they must honor my request for a copy of the insurance policy.

The insurance Department came to the same conclusion: that my rights under federal law had been violated, but because this situation was unprecedented in the state of Pennsylvania, it took approximately 9 months before BCBS decided to send me the necessary documentation. In addition, my plan had expired, and BCBS refused to honor my request for COBRA continuation (which would have been extended from 18 months to 36 since I was disabled at the time of the qualifying event plan supporting my initial request for federally mandated information in accordance with ERISA 4236.

Blue Shield refused to honor my request for COBRA continuation and / or a reassignment of benefits so those providers could be reimbursed directly. According to their attorney, Tija Hilton-Phillips, they had no obligation to provide me with any information about COBRA continuation and shifted the burden of responsibility onto the plan administrator and/or fiduciary. In addition to having the terms of my policy falsified in writing, I was unable to identify the plan administrator of fiduciary. Since federal law requires that all plans be filed with the Dept. of Labor, I contacted them on multiple occasions and wrote several letters requesting a copy of claims made under the policy, the plan fiduciary, administrator, and the specific type of ERISA plan (e.g., self-insured) that was on filed in accordance with federal law. Again, my verbal requests were denied. I then sent a written request to the regional office in Philadelphia but again, received no response.

Washington requests in Washington in accordance with federal law, e.g., self-insured, their assistance in (with information Furthermore, the Dept. of Labor requesting this information were never answered. I never found out the name of the plan administrator or the fiduciary, and was never offered COBRA continuation, and then BCBS refused to let me continue under COBRA, claiming they were not obligated to offer it to... so who is ultimately held accountable in these situations.

When I first filed this complaint against BCBS, each agency denied responsibility despite the overwhelming evidence that I had provided. Although I was only 22 at the time, I spent my days and nights reading up on insurance, labor and employment law, and subsequently came to believe that aside from violating my natural rights, I had been denied due process protections and requested legal assistance from advocacy organizations in New York, Pennsylvania and Tennessee.

I was unable to find anyone who would take my claims seriously, and could not find anyone to take my case pro-bono or on contingency. Eventually, I moved to Nashville, TN and tried to recover from the physical injuries and the new emotional scars that left me cynical and bitter about a judicial system that consistently fails to enforce natural and human rights. 

Today, the facts about the Philadelphia Police forces propensity for manufacturing evidence, planting contraband and perjuring themselves in court was finally the subject of a New York Times article.

Everyone I spoken to thus far reiterates the same statement-- practically verbatim, "I sympathize with your dilemma, yet, as you know, our office does not have the jurisdiction to assist you in this matter."

I sought the assistance of an attorney at Shnaeder Harrison years ago (regarding Pennsylvania Act 62) and Jason Manne in the Dept. of Public Welfare.

Although I may be biased, I believe this case has substantial social merit and long standing implications for children in the Pennsylvania  I am a reputable witness, with have 5 years of doctoral studies under my belt in the field of public policy. My motives are clear.  I want my life back.  I want a fucking apology and I want it now.  #yeahisaidit so sue me but get in line. 

I have been unsuccessful in my search for a competent litigator (unfortunately, this is an unprecedented case that touches on all the hot issues before the 3rd circuit including ERISA and the State's interest in Equal Educational Opportunity and due process protections for children (and adults) who are "victimized twice... first by their parents, and then, again by a judicial system who fails to protect them" (it's been a while, but I believe that is a paraphrase of the dissenting opinion from Justice Montemuro in Curtis v. Klein.

In many ways, I feel it is too late for me to recover what I lost due to a snag in the law and a few loopholes in the system. I have collected evidence for over 14 years because I used to believe that justice might prevail. 

if you are prepared to look bold into the bold into he face of the mos obvious yet unresolved example of poltical corruption, manioulation and the effects of chronic exporsure to being systematic ignored, marginalized, and eeventaully forced out of into a life of complete and total isolation... then you have clearly come to the right place.

NEW EVIDENCE FOUND FRIDAY 2010 TEN YEARS 2 THE DAY

Much to the embarrassment of my former feinds, colleagues, and family, for two reasons: 1. because share my story (and the documents) to be sure no other child in the Commonwealth of Pennsylvania falls victim to such heinous crimes due to legal technicalities from an outdated piece of legislation. It has been 14 years since my case was “abandoned” by the state judicial system in the Philadelphia Court of Common Pleas. 


 With the support and inspiration, I received from some very kind and brilliant professors in sociology and social policy, plan to submit a book proposal to document the sequence of events that still astound me and curious onlookers who take a quick peek as they casually pass in and out of my life. You see, it is much like a traffic accident- people like to take comfort in seeing the tragedy of a broken man and his family demonstrating the social injustices and inequity resulting from a stratified society. 

The federal division of local, state and national police forces is being broken down ever since the law enforcement assitance administration in the Nixon years continuing with the crime bill, with the funding and the equipment coming from the federal government.

To show you how police manufacture proof, or evidence,

It is time to have these loop holes closed for good and ensure equal protection under the law for all children—not just those who are lucky enough to have a fair hearing or be heard before they reach the age of majority.

against criminals, against people who have been incarcerated for being criminals. Not fair! When you think of the lives of men have been ruined. Crime Line Exposed

Prison systems that punish only "violent" criminals but forgive those  who commit acts against humanity systematically all things we hold dear when they sold us school... they never told us what was real~ violating natural law rights; impeding emerging culture; drowing out dissent from voices like my own that scream in the dark of night calling for justice.  Constitution and federal law rights are consitsently twisted shedding new light for those searching endless to find that same fire exists somewhere anywhere outside the powers that beat me to a whisper and mumia and so many so MANYcountless voices.todays top news: 1/29/2010 IT'S BEEN TEN YEARS #noshit

Speak in any language you chose. I am listening and I need you. Tweet a sign that you see the spark in me that rages ever since that in May of the Philadelphia Fire.

Mrs. Patterson, a widow, who cleaned other people's floors and

clothes to keep her family together and now delivers newspapers

before dawn with her grandson, was framed by corrupt police officers and spent 3 years in prsison in the early 1990's after being falsely convicted of selling crack cocaine.

                                                      THEY WERE CALLED FIVE SQUAD BUT THERE WERE SIX

Mrs. Patterson and her church always knew whe was innocent, but only in the past couple of months has the rest of the city learned the truth.

And although Philadelphia has been rocked by one police scandal after another in recent years, the new charges reveal a group of officers so corrupt, so calloused to the rights and welfare of residents, that the details have shaken the city to its roots.

Mrs. Patterson is one of dozens, perhaps even hundreds of victims of a band of 5 renegade offciers who for at least 3 years haunted her predominantly poor and Black North Philadelphia neighborhood, beating, robbing, lying and planting phony evidence on the good and the bad, Federal and local prosecutors said.

"She went to jail for 3 years for something she was completely innocent of.," said Lynne Abraham, the Philadelphia District Attorney, "This whole thing has made me physically ill. This is the ultimate betrayal of the public trustm and it has some very destructive consequences. It justifies people's suspicions of the police."

Earlier this year, the officers pleaded guilty in Federal Court to being criminals in blue; nearly 50 cases were invovled in, including Mrs. Patterson's have been overturned by the courts and the District Attorney's office. Hundreds more could also be thrown out.

Scheduled for sentencing in October are Officer Hohn Baird, 40, Thomas BeGovanni, 44, Officer Steven Brown, 48, Officer James Ryan, 39, and former officer Thomas Ryan, 38, who is on disability. Most of them have apparently been cooperating with investigators.

A sixth officer, from the same district, was charged today in Federal District Court with conspiracy to violate civil rights. There are reports that even more officers will be charged, expanding the scandal and the city's potential liability.       

WHEN COPS GO BAD

Others who have not been taken seriously by the judicial system or the public at large. Unaware of the consequences that arise from dual standards in the worst of academic snobbery and intellectual elitism- living a lifestyle they might otherwise envy. #namaste

My social security number and account are worth less than the paper they are pronted on. I lived in constant fear, and complete isolation. I dream of leaving the States so I can be free of this 24/7 full time "job" of restoring my soc just so that I can get a job and become more than a poor welfare receipient with a stich of hope for the future.

There is a good reason we call it "Idenity Theft."

Pittsburgh

None of us are really defined by a number. So when yor social secrity number threatens your security or conflicts with your personal idea of who yo are by sending you back to the sorce of the trauma, BLINK!

Identity Theft steals more than your tax id, bank and credit history, it steals your secuirty yor independence and a piece of the person i was becomong. BLINK!

A person with hope and  Choices. Free, Indepent. Self-reliant. Defiant!

#nofear #nosilence #truth is I hope together we can build #alliance together as #ONE an army of #ONE saying peace, not war, no #reliance on #violence

Sunrise is almost upon the us, I made it through another night trapped way deeper in the a Conspirary of Silence.

can you my whisper? now can i define it! i forgot #whoiam so i mst refine it!

Can I be free to can be me and may i just say goodnight my friends, all is good in my heart because distance know no boundaries when friends mean i am with WOman without a contry a community or a place to call #home peace out  to my friends without borders namaste.

with identity  that means either relocating to another country and/or having my name and social security number changed or restored, it is probably well worth the inconvenience if it means there is still hope for living a peaceful existence.

Phuck Phil!

DANIELS WAIVER ALLOWS TN TO CUT BENEFITS FOR 140,000

LETTER TO THE EDITOR

October 30, 2009

Dear Elyssa:

Thank you for your message about reforming the process for determining eligibility for Social Security disability benefits. I appreciate hearing from you, and I certainly understand your interest in this matter.

This is an issue related to the federal government rather than state government. Unfortunately, as Governor, I do not have the ability to intervene in the operations of the federal government. Your comments would be more effectively addressed to your elected federal representatives: the President, one of our two United States Senators, or the Member of Congress who represents you in the United States House of Representatives. I am confident that they would welcome the opportunity to respond to your concerns.

I appreciate your willingness to bring this matter to my attention. As I continue to work for policies that are effective and beneficial to the people of Tennessee, I hope you will feel free to contact me whenever you have problems, suggestions or concerns related to state government.

Warmest regards,

Phil Bredesen

I TRIED NOTING: NUMBER OUT OF SERVICE #FAIL

 

PASSING THE BUCK: JUST STICK PHIL WITH THE BILL original document here!


MODIFIED POST // FOR "TRANSPARENCY"

YES! Another Letter to Congress!



Elyssa Durant, Ed.M.
Nashville, Tennessee
Cell: (615) 424-8810
ed70@columbia.edu



RE: White House Healthcare Forum
http://www.whitehouse.gov/





February 12, 2009

Dear President Obama & Members of Congress:

There are widespread reports that Phil Bredesen, Governor of Tennessee is being considered for a position with the Department of Health and Human Services in Washington, DC.

As someone who has lived and voted in the state of Tennessee since 1996, I have witnessed several shifts in policy, both on the local and federal levels. I am a recipient of TennCare, Social Security, and a member of the Daniels Class.

Governor Phil Bredesen has no place in Washington. Please remove his name from consideration for a cabinet position with HHS.

Order Setting Aside Daniels Daniels Court Doc

Governor Bredesen is currently "holding off on spending" until he learns what federal aid will become available to the residents of Tennessee. I am urging you to take immediate action. PLEASE do SOMETHING! Anything! Sign before it is too late.

Even under of the best of economic circumstances, the state has often been reluctant to release state monies until they are in physical receipt of all federal matching dollars. This delays program implementation and compromises the integrity of the research design. Consistency is a critical component of effective program development and design.

Governor Bredesen had decided to hold back state funds until the final details of the stimulus package worked out, were finalized. Anyone who has followed the healthcare crisis in Tennessee will tell you, Bredesen is not the champion of healthcare we once hoped he would be.

If we hold off on making decisions about the state budgets until the details of this enormous, comprehensive package are finalized, our current programs will suffer as a result.

We cannot wait for a determination regarding federal funding before we to determine our state budget while before we of the programs we already are suffering financially.

Let me assure you that when it comes to withholding critical items like food, housing, social services, it adds up exponentially. Withholding medical care simply because of procedure and bureaucratic red tape, is shameful and cruel. The money is there, but it seems there should be a certain level of oversight and accountability if we expect it to be used effectively without delay and without excessive administrative delay and costs.

How do I know this? Because I used to work for the state during the time when they not only made the as they were transitioning to during the transition from I used to work for TennCare,

We need to have some level of accountability to ensure the timely and proper disbursement of funds. In my experience, there is little recourse for person’s individuals who are caught up in the complicated payment arrangements, complicated language, and the systematic, procedural delay when it comes to the processing and payment of claims.

Let me personally assure you, that there is a very real human cost here as well... and unless there is immediate intervention, much more than just money will be lost.

Please sign the bill before any more jobs, homes, and future are ruined by because help did not fast enough. Please release the funds, because we are running out of time.

I am 36, and my spinal cord is damaged from years of delayed, sub-standard medical treatment as I attempted to navigate a system that simply does not work. I owe the federal government $179,982.00 in student loans. When I am able to work, I make $10.46/hour as a substitute teacher in MNPS. That job comes with no security and no benefits.

I have an advanced master’s degree from an Ivy League Institution. I am eight credits shy of a Ph.D. in "Policy Development & Program Evaluation" aka: public policy. Despite having maintained a 3.83 grade point average while earning my masters and just over 3.2 during the three years I was enrolled full time in a doctoral program.

Despite having comparable coverage, the insurance company refused to give me COBRA and would not cover my pre-existing condition even through both Columbia and Vanderbilt Universities used the same underwriter for student medical insurance: Chickering US HealthScare.

I had no break in coverage and even purchased a private HMO (Oxford) plan that cost several hundred dollars each month just so I could prevent becoming uninsurable before my 23rd birthday.

Wrong. Not only did I continue to pay for all three policies, I also had to pay for treatment and STILL wound up on TennCare and Medicaid.

Despite doing all the "right" things, I was still unable to transfer benefits from one graduate school to the next.

When I was twenty-two years old I developed a medical condition, and it quickly became obvious to me that it would be a lifelong struggle to cope and adapt to having physical disability. I purchased three independent policies, however due to a terminal liability in am ERISA plan, with $1 million dollar major medical policy. As someone who also needed to turn to federal funds and intervention in a crisis, I know that if or when help does arrive, it usually too late.

I understand the how; I just don't understand why.

Maybe one of these days Vanderbilt University and the Department of Education will realize it might just be cheaper to hire me that harass me. I need a real paying job now, but with the skyrocketing unemployment rate, it looks as though I will have a lot of competition.

Throughout the three year process of filing medical appeal after the next, I acquired over 1/4 million dollars in debt in unreimbursed medical care and student loans. I was fortunate enough be able t keep my TennCare that time—only because the state mandated a 30 hour work week, because at 32 hours, your benefits kick in.

Even while in the states employ, I witnessed a pattern of behavior that was reckless and harmful to the citizens of Tennessee. In fact, there were so many changes during short time I was there the time I was there that even my colleagues in the office of consumer affairs did not know about them until we were a formal complaint had been filed by a consumer in crisis.

There was so much chaos in the system because consumers and were not given sufficient information and the state was completely unprepared to respond to the large number of people who their benefits terminated, limited, or transferred. It took several months to update the medical database used to verify insurance coverage, and many more to get that information in sync with pharmacies and providers. Recipients were left in the dark, probably because it was easier that way.

State of Tennessee CONSUMER AFFAIRS  http://www.tennessee.gov/

Although I doubt many people people outside of Tennessee are aware of the harsh policies enacted during the Bredesen administration. His endless assault on the state’s Medicaid & Medicare programs resulted in 271,000 people to be dropped off the roles. People who are uninsurable or cannot afford health insurance. He has requested multiple federal waiver to limit federal law rights under the Medicaid Act, and Social Security beneficiaries. Is not the kind of man we want to lead HHS into a new era of reform. He has demonstrated a wanton disregard for the welfare of his own constituents should not be rewarded with a cabinet position in the new administration. He has failed this state, and now it costing money. Where it will come from, I don't know. Perhaps he will turn to the feds.

SSA Form 9SORRY FOLKS ~> ERROR! GRRR! GO TO ORIGINAL DOCUMENT FOR EMBEDDED FORMS >:-/

Now, again, I face losing my healthcare coverage once again. Please do something, and do it quick. I would not wish this experience on my worst enemy,

Unemployment rates in the state of Tennessee are at an all-time high, yet welfare roles have remained stable. This tells us that despite the financial crisis and sad state of the Tennessee economy, people are not able to access emergency aid that we would expect people to receive in times of economic hardship.

Where is the safety net? Where is the American Dream that I so diligently chased after for so many years? What was the point of investing so much in a future that I can never enjoy? How can anyone justify spending so money much on an education that will never be used?

What will happen when the state begins the 140,000 members of the Daniels Class? DHS has not been able to process the applications already on file. As the unemployment rate continues to go up, we need to be sure that applications for emergency assistance are processed within a reasonable period.

I have no idea how they intend to handle the growing number of unemployed, uninsured, people in need of emergency assistance given that they are already overwhelmed by the number of applications already on file. Is it a really a good time to start the recertification of the 140,000 members of the Daniels Class?

DANIELS

Let us hope the state is not granted another federal waiver or we are all in trouble.

Sincerely yours,

Elyssa Durant

Nashville, TN

Previously Posted as "we are so screwed. phil opts out of all options"

Reform Requires Regulation: ERISA, COBRA & Federal Law

For anyone who would like to know why I feel so strongly that any reform that does not address the issue of regulation, oversight and enforcement... perhaps my experience will serve as an example of how the judicial system fails to protect those who so desperately need help to fight injustice, inequity and corruption in the United States of America.



At twenty-two…

At 22 I was diagnosed with a degenerative spinal condition. Yes, there are times when the pain is so terrible, I cannot lifet myself out pf ed or tie my shoes. But far worse is having the knowledge that the level of damage to my spinal cord could have been stopped had I received adequate health care.



Yes, I had insurance. But who was there to make them pay???


14 years later, I finally received surgical intervention, and can feel my hands again-- and as a writer, that has been a miraculous gift.


Through the toughest times in my life, no one told me I was wasting my time and money on an education I would never be able to use.


After all I just wanted a diversion.


Even more disturbing than the damage to my spinal cord, is the realization that I missed mosre than 14 years of my life. So not only did I waste my time and money on an education I will never be able to use, I wasted a window of opportunity. A moment in time when I almost had a world the world at my fingertips.


Without any real place to go after college, I felt I had no other choice than to become a professional student of sorts—you know, the ones who stay in school forever to take advantage of cheap housing, health insurance, and student loans.

Unfortunately, I wandered aimlessly through the system acquiring useless knowledge and letters after my name that do not mean jack in the real world. But it distracted mye from the fact that my spinal cord continued to worsen my physical and emotional health.

So with no prosepects on the horizon-- and so thrilled thto feel my hands today, that the one thing I can do is write. So for now, I write, maybe tomorrow I'll read, but if there is any justice left in this world, maybe someday I will actually live.



http://my.barackobama.com/page/community/post/elyssadurant/gGxh4R/commentary

Despite having four individual insurance policies including a major plan with Blue Cross Blue Shield for $1,000,000; I still wound up on Medicaid, and eventually welfare and social security with a total income of under $6,000 / year.


The insurance investigators ultimately ruled in my favor, however I was unable to collect any damages for two reasons: Although mandatory federal fines in the amount of $560,000 would require legal assistance and complicated civil litigation that would be timely, costly, and emotionally traumatic. Second, under federal law, grants immunity to ERISA plans: a type of group insurance that is totally untouchable due to federal preemption of state law that leaves the beneficiary without recourse or the ability to collect punitive damages under federal law,


Unfortunately, this was a very complicated case that involved unscrupulous attorneys that involved tax and insurance fraud, and has yet to be resolved despite the overwhelming evidence of fraud and the favorable ruling from the insurance department. It should also be notes that no criminal charges were ever brought against any of the participants, which s even more disturbing if you knew the history of the parties involved, some were arrested for RICO conspiracy, Tax Evasion, Embezzlement, Extortion, and wire fraud. One man actually shot himself in the head one month after the Insurance Dept. opened the investigation.


So one is dead, one got off on a technicality, one was acquitted, and several others were never prosecuted. I however, pay a price for their crimes every day of my life, I now live in a prison of sorts: a prison of poverty, and despair with no real expectation of change on the horizon.






SO HERE ARE THE FACTS:

I recently learned that for the last 14 years, my parents used my social security number and that I was claimed as dependent on a NY State tax return. 

To complicate matters, I sit with the reality that I was screwed for life at the tender age of 22 and must somehow balance that knowledge with the ignorance and incompetence that surrounds me in my daily life. 


The country continues to fight a battle that can't be won without people like me who are willing to come forward, call their bluff, and say enough is enough.  Unforunately the country continues to self destruct and the citizens of the world are watching as the all mighty American dream is noting more than myth created by ignorance, propoganda, and elitist politicos that want nothing more than my silence and your ignorance.  Well fuck that, because I'm still here, and this ost will go straight to DC the moment I hit send.  So you can take it down, you can intercept my signal, but the truth is out there and I will not be intimidated or marginalized by the Powers That Beat.  So here we go... again... for the record (if one exists...)  [edd/eds 10.25.2009]

I live with the effects due to federal law (1) As a covered beneficiary under an ERISA plan, I will never be able to access; (2) being claimed as a dependent on my mother's NY State tax return for so many years it is near impossible impossible to go back and set the record straight.  This little factoid made it legally impossible to file taxes, obtain insurance, disability benefits, or student financial aid, and neither parent is willing to compromise.

They will NEVER release a copy of their returns. [edd/eds 10.25.2009]

For historical purposes, let take a trip back to 1995 where I spent most of my time in a state of confusion and completely in the dark about the damage I was to do as an unwilling participant of fraud and abuse in the health care industry... CONTENT WARNING read only if you are prepared to deal with the facts... I invite you to share this truth with whomever you like.  I have no where to run to, no where to hide.  But I will move forward for the sake of my sanity... I know things too... but it is not how well you know the law, iit how well you know the Judge. 

Try to bare with me as my mind is contantly in overdrive and my thought patterns have been altered through years of trauma, accute and chronic stress... so take your time, question authority, question me,  but don't be surprised if I I stfu for as I prepare for the fall out...

But remember this, if what I am saying is true, it is serious.  But even if I am making it all up...  it is still pretty fucking serious!  I can't remove the documents that were already posted, so I can not be held in contempt for something I did in good faith.  So they are probably out there somewhere waiting to reveal this web of deception that can only exist in a corrupt society through a pattern of judicial failure and social injustice:

1995: I filed a complaint with the Pennsylvania Insurance Department in 1995, and received response six months after the policy had expired. Despite the considerable evidence I provided to the Insurance Dept. and Pennsylvania Blue Shield, I was told that despite the overwhelming evidence that I provided, the Insurance Dept. Did not have the authority to override the terms of the contract.
















Since ERISA mandates that all beneficiaries (including insured dependents) be given a copy of the policy (among other forms of insurance identification, e.g., EOBs, Insurance Identification Card; a hard copy of the policy) all requests for ERISA mandated materials were repeatedly denied until the Jason Manne from the Dept. of Public Welfare sent a letter to my insurance carrier to inform them that they in accordance with federal law, they must honor my request for a copy of the insurance policy.

The insurance Department came to the same conclusion: that my rights under federal law had been violated, but because this situation was unprecedented in the state of Pennsylvania, it took approximately 9 months before BCBS decided to send me the necessary documentation. In addition, my plan had expired, and BCBS refused to honor my request for COBRA continuation (which would have been extended from 18  to 36 months since I was disabled at the time of the qualifying event plan supporting my initial request for federally mandated information in accordance with ERISA 4236. 

The Health Insurance Portability Act of 1996 was no help (NY State Public Law Enacted in 1996) and each policy passed me off to the next. Without EOBS or proof of comparable coverage, primary and secondary coverage could not be established and I began a 14 year journey into hell. Being forced to produce paperwork I could not obtain, my dissent into madness took hold of my life, each day a new request feeding my OCD with Ten Day letters, federal mandates and court ordered repetition.

Each company trieds to subrogate the next, and I watched my life: my dreams, my aspirations, my goals get sucked into the vortex of chaos and hell. I will never be free from the madness. The memories are burned into my memory like and I eat, sleep, dream, and search for solutions that never seem to arrive.  

My life is a constant battle to balance the reality of what is, and the hope for a judicial system that could enforce what should be.  The truth is out there in black and white, and I refuse to be silenced by people who simply refuse to take responsibility for their role in creating or feeding the Powers That Beat. Public Record, fucktards. So deal with it or go away. [edd/eds 10.25.2009]

Blue Shield refused to honor my request for COBRA continuation and / or a reassignment of benefits so those providers could be reimbursed directly. According to their attorney, Tija Hilton-Phillips, they had no obligation to provide me with any information about COBRA continuation and shifted the burden of responsibility onto the plan administrator and/or fiduciary. In addition to having the terms of my policy falsified in writing, I was unable to identify the plan administrator of fiduciary. Since federal law requires that all plans be filed with the Dept. of Labor, I contacted them on multiple occasions and wrote several letters requesting a copy of claims made under the policy, the plan fiduciary, administrator, and the specific type of ERISA plan (e.g., self-insured) that was on filed in accordance with federal law. Again, my verbal requests were denied. I then sent a written request to the regional office in Philadelphia but again, received no response.


Washington requests in Washington in accordance with federal law. , e.g., self-insured, their assistance in obtaining accurate information through the FOIA and the Pennsylvania Right To Know Act. 

Furthermore, the Dept. of Labor requesting this information were never answered. I never found out the name of the plan administrator or the fiduciary, and was never offered COBRA continuation, and then BCBS refused to let me continue under COBRA, claiming they were not obligated to offer it to... so who is ultimately held accountable in these situations.


When I first filed my complaint against Independence Blue Cross Blue Shield, I had no idea what I was about to uncover.  Each agency denied responsibility despite the overwhelming evidence of fraud that I had provided. I started to receive calls that puzzled me...  and it was only a few years ago that a psychiatrist finally took the time to investigate the facts.  My diagnosis was changed that same day, and never again will I allow "crazy" to be an excuse for any of the guilty parties involved. I don't have to.  I may be crazy, but that does not change the simple truth or the facts of my case. I am not delusional, though I often wish that I were.  I will never wake up to find that this clusterfuck was just a dream or a figment of my imagination.  There is no pill to erase the facts or to drag me out of this rabbit hole.  I am Alice in Blunderland. And we all pay the price.  Red pill or blue pill, the facts remain. So do what you please... but don't blame systemic failure on my state of mind.  Blame it on the state of affairs and social injustice and the lack of enforcement for all things holy in the US of A. [edd/eds 10.25.2009]

Although I was only 22 at the time, I spent my days and nights reading up on insurance, labor and employment law, and subsequently came to believe that aside from violating my natural rights, I had been denied due process protections and requested legal assistance from advocacy organizations in New York, Pennsylvania and Tennessee. I was unable to find anyone who would take my claims seriously, and could not find anyone to take my case pro-bono or on contingency. Eventually, I moved to Nashville, TN and tried to recover from the physical injuries and the new emotional scars that left me cynical and bitter about a judicial system that consistently fails to enforce natural and human rights.

Everyone I spoken to thus far reiterates the same statement-- practically verbatim, "I sympathize with your dilemma, yet, as you know, our office does not have the jurisdiction to assist you in this matter."


I sought the assistance of an attorney at Shnaeder Harrison years ago (regarding Pennsylvania Act 62) and Jason Manne in the Dept. of Public Welfare.


Although I may be biased, I believe this case has substantial social merit and long standing implications for children in the state of Pennsylvania. I am a reputable witness, and have 5 years of doctoral studies under my belt in the field of social policy.


I have been unsuccessful in my search for a competent litigator (unfortunately, this is an unprecedented case that touches on all the hot issues before the 3rd circuit including ERISA and the State's interest in Equal Educational Opportunity and due process protections for children (and adults) who are "victimized twice... first by their parents, and then, again by a judicial system who fails to protect them" (it's been a while, but I believe that is a paraphrase of the dissenting opinion from Justice Montemuro in Curtis v. Klein.


In many ways, I feel it is too late for me to recover what I lost due to a snag in the law and a few loopholes in the system. I have collected evidence for over 14 years because I used to believe that justice might prevail.


If she has an interest in looking bold into the face of police corruption, I would like to share my story (and the documents) to be sure no other child in the Commonwealth of Pennsylvania falls victim to such heinous crimes due to legal technicalities from an outdated piece of legislation. It has been 14 years since my case was “abandoned” by the state judicial system in the Philadelphia Court of Common Pleas. It is time to have these loop holes closed for good and ensure equal protection under the law for all children—not just those who are lucky enough to have a fair hearing or be heard before they reach the age of majority.


With the support and inspiration, I received from some very kind and brilliant professors in sociology and social policy, plan to submit a book proposal to document the sequence of events that still astound me and curious onlookers who take a quick peek as they casually pass in and out of my life. You see, it is much like a traffic accident-- people like to take comfort in seeing the tragedy of a broken man and his family demonstrating the social injustices and inequity resulting from a stratified society where only "violent" criminals or those who commit acts that violate or impede the natural rights of others are not taken seriously by the judicial system or the public at large. Unaware of the consequences that arise from dual standards in the worst of academic snobbery and intellectual elitism -- living a lifestyle they might otherwise envy.


I would appreciate assistance in restoring my social security number and account so that I do not have live in constant fear. If that means either relocating to another country and/or having my name and social security number changed or restored, it is probably well worth the inconvenience if it means there is still hope for living a peaceful existence.

Testing: Open the Record

Identity Theft: It's Personal

There are a lot of things in the financial world I don’t understand. Some are due to my ignorance, such as retirement plans or hedge funds. Others simply don’t make sense.


One such example was having my tax return rejected from the IRS year after year after year. It was only recently that I learned this was due to the fact that someone had already filed a tax return using my social security number.


I made countless calls to the IRS, and although they were eventually able to identify the person who had been using my social security number fraudulently, they refuse to tell me who that person was.


Without that information, I was left spinning in a world of chaos. Without that information, I was unable to file a police report for identity theft or recover any damages. It took the IRS 9 months to send my refund, something that most people receive in less than 2 weeks.


So, after about a decade of this situation, and going through the motions year after year, to provide alternative forms of Income verification, I think I am well within my rights to be a little agitated.


This year I planned to file for an extension since it was my understanding that several other related issues are being investigation so I could finally put an end to this madness.


Now I don't have much money, in fact I don't have any, but I find white collar crime despicable and repulsive.


When taken into account the substantial cost to society, not to mention the havoc it wreaked on my life, I respectfully think that maybe you should not assume that someone is making false claims just because you don't think it sounds "right."


Lots of things don't "sound right" however that doesn't mean they aren't true. Gotta go now, I have a date with eBay to auction my social security card to the highest bidder. Clearly, it is not worth anything to me so long as the authorities fail to do their part in ENFORCING the laws associated with Identity theft. 

Sure, it is easy to blame the victim as being irresponsible or somehow negligent in these situations, however I will refer you to some fascinating research that has been done on the emotional consequences of Identity theft. The cost is far more than just an issue of financial discomfort; it is something that can ultimately leave you questioning your own identity.


It should be noted that Identity theft is a criminal matter, so whatever costs associated with such events, the victim is not reimbursed for any of the costs associated with having their life disrupted by something that is ultimately completely beyond their control.


It happens more often than you think, and it is a complicated, intricate, and time intensive to resolve such crimes... To be continued...


edd, edm.
Sent via BlackBerry from T-Mobile 

ORIGINAL POST 2009-08-09 12:45

Community Apathy in Nashville, Tennessee

April 13, 2009

Can you please tell me who I could speak with (preferably informally) about a situation with Section 8 and MDHA.

I have already spoken with Pat Clark, director of MDHA, and she has been an unsympathetic to the fact that there has been an ongoing problem with drugs and violence with children in the same complex.


Legal Aid / or pro-bono refused to will represent me since my parents are attorneys. They told me I would have to get the money for court fees and a court reporter from them. That just ain't gonna happen.


I am 36 years old.

I don't mean to be rude or disrespectful in any way-- you have been extremely kind and gracious towards me, I am just exhausted by this process and I think it is pretty easy to see that I am stuck between a rock and a hard place.

If there is someone in particular who works closely with the housing authority and utilities, kindly ask them if you can release their name to me(or vice versa) so I can make sure it on the record before I loose my section 8. The landlord is paid in full, but I still have to move by the 22nd.
.

Thanks so much. If there is anyone you can think please let me know. There is stigma and judgment that comes long with a person who lives in public housing, but can assure you it would not be my first choice.

Thank your discretion and assistance.

Sincerely yours,

Elyssa Durant
ed70@columbia.edu
6154248810

Sent via BlackBerry from T-Mobile

*******
UPDATE: This has yet to bet settled. I received no response to my last inquiry received no response. I have lost my apartment and my section 8 coverage will end on the first of the month yet I cannot find an apartment due to the negative reference from the last landlord.
*******

After spending 4 days in court, judges insisted that I hire (and pay for) a court reporter since they would not accept an affidavit from my an attorney in Pennsylvania.

The landlord did a "garnishment execution" without my knowledge for several hundreds of dollars which included attorneys fees, however the attorney refused to speak with me directly throughout the entire process, and told me if I wanted any information about my account, I would have too have an attorney contact him.

I have received no response from anyone in Metro despite multiple communications with virtually every office ranging from the Metro City Council, the Mayors Office of Neighborhoods, Metro Social Services, my Congressman, my state representative. I am truly disgusted by the apathy and lack of human decency and courtesy that I have received from a city I have thought of as home for the last fourteen years. In fact, the only time I received any calls or emails from people I once respected and supported, were in reference to campaign contributions asking me to support them at upcoming events and elections.

That makes me sick. I have volunteered my time and money even when I didn't have it. I have decided to leave this place, however I don't even have enough money to do that. I do not have an address so I cannot even update my drivers license or voter registration.

I spend my nights sitting outside CyberSquatting since the temporary housing facility I have been staying at removed the modem to prevent me from filing complaints. The other residents have destroyed my property, disposed of my food and became violent with me. One came within inches of hitting me with a waffle iron simply because I asked where I could place my food since it keeps getting thrown out or moved. I have been told by instructed not to call mobile crisis since they do not want to neighbors to know that this place is really just a nut house in disguise.

My personal items including paperwork that is necessary to appeal my Social Security disability scheduled to be terminated on the 1st as well as other benefits I receive such as food stamps to help me scrape by on $606.00 per month.

I had to pay substantial fees to obtain certified documents from Court in order to verify that the account had in fact been settled, yet I still cannot find a single person to assist me in resolving this horrific situation yet even homeless prevention services is unable to assist me.

Welcome to my city: Nashville, Tennessee. You #fail

Updated July 27, 2009 8:45am

Elyssa Durant
Anytown, USA