U.S. Department of Justice,
Fact: on November 2, 2009 a teeny tiny bolt broke
Q: what happened next?
Timothy J Golden
MARCH 18, 2013
I work for Verizon 23 years (since January 1990).
I suffered a work-accident disability (PPD) on November 2, 2009.
I signed MetLife’s HIPAA form on November 16, 2009.
MetLife’s HIPAA form was good (valid) for only 18 months (so
it expired on May 16, 2011).
I still have not returned to work due to work-accident disability
and
Verizon’s failure to offer a reasonable accommodation
(which would include
a reassignment to the ‘no Carry LADDER no Climb LADDER’
Tone and Mark gang).
Since 2011 MetLife has closed out my disability case 5 times.
Since 2011 MetLife has only requested my doctor’s notes
(Dr. Lippe’s notes)
3 times out of 11 reports; that violates ERISA!
ERISA requires MetLife (all fiduciaries) to do a “full and fair” review.
If MetLife only requested my doctor’s notes 3 times
then MetLife is guilty! of not doing a “full and fair” review.
The 3 times MetLife requested my doctor’s notes
MetLife requested using an expired (defective) HIPAA form.
MetLife last requested Dr. Lippe’s notes in September 2012
using an expired (defective) HIPAA form.
MetLife closed out my work-accident disability in January 2013 saying
(on my answering machine that) “MetLife did not receive Dr. Lippe’s notes”.
Since at least May 2011, MetLife has broken the Law(s) (ERISA and HIPAA).
MetLife is not requesting my doctor’s notes at Orlin and Cohen in Massapequa (only 3 times out of 11 reports);
MetLife is using an expired (defective) HIPAA form;
MetLife has closed out my work-accident disability 5 times (all ready?).
I have made my doctor Dr. Lippe and Orlin and Cohen aware;
I have made MetLife aware (conscious) of MetLife violating ERISA, HIPAA and my rights repeatedly (by phone and by MetLife’s secure server).
If MetLife is doing this to me and the government (by not following directions)
then MetLife may be doing this to tens of thousands of injured American workers.
The government (HHS + EBSA ) needs to do a 3-year ‘accounting of disclosures’.
treasurelife
Post a Reply
T im Golden
JANUARY 31, 2016
Your comment is awaiting moderation.
U.S. Department of Justice,
Fact: I wrote to HHS 3 Times about MetLife Disability violating
HIPAA and ERISA
Fact: 3 different HHS investigators wrote ‘me back’:
“HHS does not have jurisdiction over administrators of disability plans;
EBSA does!”
Fact: I wrote to NY EBSA 3 Times about MetLife Disability violating
HIPAA and ERISA
Fact: NY EBSA investigator Jacell Moquete said:
“EBSA does not have jurisdiction over HIPAA violations;
HHS does!
Fact: I wrote to NY EBSA Director Kay:
“create a Joint HHS-EBSA Task Force”
“close any and all HIPAA-ERISA loopholes”
Fact: NY EBSA Director Kay never wrote ‘me back’
p.s.
U.S. Department of Justice,
Investigate! HHS + NY EBSA
so(w!) THAT you can
Educate! HHS + NY EBSA
___
U.S. Department of Justice,
MetLife Disability Claims Specialist Katie Barry called me
on Saturday 11/14/2015 at 10:35 am
She said, “Mr. Golden, MetLife received
your questions and your credentials.”
She said, “MetLife knows you want to know
‘can Verizon accommodate your work restrictions?”
She said, “I called you on September 1, 2015.”
She said, “I told you that I reached out to Verizon.”
She said, “MetLife has yet to hear from Verizon.”
She said, “Mr. Golden, you can call me back
at 1–800–638–4228 ext.54899.”
_______
U.S. Department of Justice,
On Friday, 11/6/2015 I wrote to MetLife Disability
USPS Tracking Number: EL 195535540 US
Dear Ms. Pencz,
On 8/26/2015 I wrote to MetLife Disability
USPS Tracking Number: EK 745518307 US
Q1: “can Verizon accommodate my work restrictions?”
Q2: “did Verizon ever forward to MetLife Disability
my NYS WCALJudge Robert Anderson’s decision
which was filed on 3/28/2013?”
Fact: NYS WCALJudge Robert Anderson wrote:
“claimant has an Associate Degree in Telecommunications”
“this degree qualifies claimant to do inside work and outside work
(as an indoor technician or as an outdoor technician)
with restrictions”
Q3: “did Verizon ever forward to MetLife Disability
Third Medical Opinion IME Dr. Aprin’s IME report
which was filed on 7/17/2014?”
Fact: TMO Independent Medical Examiner Dr. Aprin wrote:
“claimant could have returned to work with restrictions:
no carry ladder no climb ladder”
Q4: “has Verizon ever discussed with MetLife Disability staff
a reassignment for me?”
(i.e. the tone and mark gang is
a no carry ladder no climb ladder job
which may accommodate my work restrictions)
On 9/1/2015 MetLife Disability Claims Specialist
Katie Barry called me and left me a message:
she “reached out to Verizon.”
when Verizon gets back to her she will get back to me
On 9/8/2015 I wrote to MetLife via MetLife’s secure network:
Q1: “can Verizon accommodate my work restrictions?”
Q2: “…”
Q3: “…”
Q4: “…”
It’s now 11/6/2015!
I still have not ‘seen nor heard’ from MetLife Disability.
Q1: “can Verizon accommodate my work restrictions?”
Q2: “…”
Q3: “…”
Q4: “…”
I am enclosing:
1) NYS WCALJudge Robert Anderson’s report
with his findings and decision which was filed on 3/28/2013
2) a copy of my Associate Degree
3) a copy of Verizon’s Certificate of Completion
Next Step Program
4) Third Medical Opinion IME Dr. Aprin’s report
with his findings and decision which was filed on 7/17/2014
5) a copy of my letter to MetLife Disability
attention: Amy Velez Claims Specialist
dated 8/26/2015
6) a copy of my communication to MetLife Disability
via MetLife’s Secure Network
dated 9/8/2015
7) a copy of Ms. Pencz’s letter
to me and NY EBSA investigator Jacell Moquete
dated 8/6/2014
Ms. Pencz writes:
“On July 28, 2014 Verizon employer, Edward Neuner, confirmed
that a restricted return to work could not be accommodated”
Fact1: Verizon did not engage me and my doctor Dr. Lippe
“in good faith” in the mandatory ADA interactive process
Fact2: Verizon did not offer me a reassignment
(i.e. to the tone and mark gang which is a
no carry ladder no climb ladder job)
to accommodate my work restrictions
Q: “did Verizon ever discuss with MetLife Disability staff
in 2010 or 2011 or 2012 or 2013 or 2014 or 2015 or 2016
a reassignment for me?”
Sincerely,
T im Golden
_____________
EEOC Office of Inspector General 7:27 PM
To: treasurelife911@hotmail.com
noreply@eeoc.gov
Where’s your package?
EK745511241US
Delivery Date: Jul 10, 2015
Status:Delivered (WASHINGTON, DC 20507)
View Details
This is in response to your correspondence
sent to the Equal Employment Opportunity Commission (EEOC),
Office of Inspector General (OIG) Hotline.
Thank you for contacting the EEOC OIG Hotline.
Submitted on Thursday, October 15, 2015–19:27
Submitted by user:
When is the best time to contact? Any time
Email: treasurelife911@hotmail.com
Do you wish anonymity? No
Last Name: Golden
First Name: Timothy
Subject Type: EEOC charge no. 520–2014–01691
Subject Organization District/Field/Area/Office:
NEW YORK DISTRICT OFFICE
Complaint Category: Fraud
Complaint Summary:
U.S. Department of Justice,
Fact: Section 2000e-5(b) charges the EEOC with
a “mandatory and unqualified” duty to investigate.
(google it! vs google chrome it!)
Q: is the NY EEOC intentionally dismissing
disability discrimination complaint(s) and cases?
Fact1: On 11/2/2009 I suffered an on-duty work-accident
with injuries
Fact2: On 3/28/2013 NYS WCALJudge Robert Anderson
classified me as having Permanent Partial Disability (PPD);
for employer I could do inside work or outside work
(as an indoor technician or as an outdoor technician)
with restrictions
Fact3: Verizon never engaged me and my doctor Dr. Lippe
“in good faith” in the mandatory ADA interactive process
Fact4: Verizon never (not once in 5 years) offered me
a reasonable accommodation (a reassignment) in writing
Fact5: Verizon did not get me (the 1st time)
my 2010 W2 until April 6, 2011; 3 months late!
(ADA violation and IRS violation prove no interactive process)
Fact6: Verizon did not get me (the 2nd time)
my 2012 W2 until April 19, 2013; 3 months late!
(ADA violation and IRS violation prove no interactive process)
p.p.s.
On March 21, 2014 I filed
a written disability discrimination complaint
against Verizon
with the NY EEOC
On or about May 9, 2014 Verizon received from the NY EEOC
my disability discrimination complaint(s)
On or about May 9, 2014 the NY EEOC requested
a reasonable accommodation for me
Fact:
10. How quickly must an employer respond to a request
for a reasonable accommodation (a reassignment)?
An employer should respond ‘expeditiously’
to a request for a reasonable accommodation.
If the employer and the individual with a disability need to
engage in an interactive process,
this too should proceed ‘as quickly as possible’.(37)
Similarly, the employer should act ‘promptly’
to provide the reasonable accommodation.
Unnecessary delays can result in a violation of the ADA.(38)
Fact: the EEOC has the authority to draw adverse inferences
against a party (a respondent)
for(e!) failing to comply with EEOC requests for information.
29 C.F.R. Section 1614.404(c).
Fact: On or about May 13, 2015 Verizon responded (in writing)
to the NY EEOC;
12 months! (369 days!) later
Q: did Verizon respond to the NY EEOC ‘promptly’
(within 2 weeks)?
Q: why didn’t Verizon respond ‘promptly’ (within 2 weeks)?
Q: why did the NY EEOC let Verizon ‘take its time’
(12 months!) (369 days!) to respond?
On or about May 15, 2015 the NY EEOC notified me that
Verizon responded to my disability discrimination complaint(s)
The NY EEOC stated that I needed to respond
by May 29, 2015 (within 2 weeks!)
p.p.p.s.
U.S. Department of Justice,
I responded to the NY EEOC with my 14th written communication
(which included my prior 13 written communications);
271 pages!
I followed THAT up with my 15th written communication;
a 16 page fax
I followed THAT up with my 16th written communication;
100+ pages
p.p.p.p.s.
U.S. Department of Justice,
On or about June 9, 2015 the NY EEOC investigator and director signed order
dismissing (denying me?)
my disability discrimination complaint(s) and case
p.p.p.p.p.s.
U.S. Department of Justice,
Fact: EEOC investigator Young never interviewed me
or my witnesses
Fact: EEOC Enforcement Unit never interviewed me
or my witnesses
Fact: EEOC investigator Zygmund never interviewed me
or my witnesses
p.p.p.p.p.p.s.
Fact: I wrote (overnighted 500+ pages) to(o) the NY EEOC 7 times!
signed by E. Nixon on 3/21/14
signed by E. Nixon on 4/22/14
signed by E. Nixon on 5/13/14
signed by E. Nixon on 7/9/14
signed by E. Nixon on 1/6/15
signed by E. Nixon on 5/28/15
signed by E. Nixon on 6/2/15
I got back and I am saving
all 7 signed green cards (USPS Form 3811)
Fact: I faxed man y pages to(o) the NY EEOC 10 times!
I got back and I am saving
each fax confirmation
Q: did the NY EEOC ever “amend” my disability discrimination complaint(s)?
Q: if nyet (no)
then why nyet (no)?
p.p.p.p.p.p.p.s.
U.S. Department of Justice,
Investigate! the NY EEOC
for(e!):
1) misconduct and/or mismanagement
2) dereliction of duty
3) failing to “amend” my disability discrimination complaint(s)
4) failing to investigate my disability discrimination complaint(s)
“in good faith” (in a ‘thorough and timely’ manner)
p.p.p.p.p.p.p.p.s.
U.S. Department of Justice,
Fact: The Philadelphia EEOC sued Verizon in 2011 for $20M
because the EEOC found that Verizon failed to offer its injured employees
reasonable accommodations
Fact: Verizon violated the EEOC’s 3-year decree with injunctions
Fact: My disability discrimination complaint(s) and case is similar
to the Jewel-Osco case which the Chicago EEOC successfully litigated
p.p.p.p.p.p.p.p.p.s.
U.S. Department of Justice,
Fact: On July 10, 2015 I filed a written complaint with
Director, Office of Field Management
EEOC
131 M Street, NE Washington, DC 20507
USPS Form 3811 EK745511241US
p.p.p.p.p.p.p.p.p.p.s.
Fact: It’s now (nunc) Tuesday, February 7, 2016
Fact: I have been waiting 1 year + 6 months + 27 days!
for EEOC Director to(o)
write ‘me back’
Fact: I have been waiting 1 year + 4 months + 15 days!
for EEOC OIG to(o)
write ‘me back’
Fact: I filed formal written complaints with EEOC OIG on
1) September 23, 2015
2) October 5, 2015
3) October 15, 2015
_____________________
The court makes no bones about it —
employers are required to engage in the interactive process.
Thus, an employer neglects (or refuses) to
engage in the interactive process at its own peril.
Although the court did not hold that there is an independent claim
for failure to engage in the interactive process,
the actual consequences are just as severe.
The failure to participate in the interactive process “in good faith”
deprives the employer of its immunity from damages
for failure to reasonably accommodate an employee.
1) Generally, if an employer fails to provide an employee with
a reasonable accommodation, that employee can recover damages.
2) However, if the employer engages in the interactive process
“in good faith”, that employer will be immune from damages.
More significant is the ruling in Barnett that
an employer failing to engage in the interactive process cannot obtain
Summary Judgment, meaning that
the case cannot be quickly decided by the court,
but has to be decided by a jury trial.
As an employer, you can greatly reduce the risk of ADA liability by(e bye)
engaging in the interactive process “in good faith”.
A) Have an open dialogue with your (injured) employees
and
B) work with them (your injured employees) to find solutions.
____________________
bro(t)her! to some G-D’S Words will sound as if HE is! spanking you
bro(t)her! to some G-D’S Words will sound as if HE is! thanking you
+
6,800 Secret Service agents vs 666 EEOC investigators
vs
+
=
FRAUD! FRAUD! FRAUD! on y’all [President(s) + OMB + Congress]
+
our husbands did what? they under-funded and under-staffed EEOC for(e!) 50 years
Q: (since 1965) why has EEOC sent 1,000,000 American women Taxpayers! ‘no reasonable cause’ letters?
A: k no! w God
In 1974, Nixon left Office with 2416 EEOC employees
vs
In 2017, Obama left Office with 2082 EEOC employees (duh!)
+
+
+
+
+
+
+
=
Q: is under-staffing EEOC pro-girl power or anti-girl power?
+
Q: aren’t y’all [President(s) + OMB + Congress] 3 stooges?
+
Fact: I gave NY EEOC (500 pages!) 10 faxes + 7 overnight deliveries
+
Fact: I gave NY EEOC (2 Times!) my Degree and my Next Step Certificate which qualifies me to do different jobs (inside and outside) at Verizon
Fact: I filed a written complaint with EEOC Director, Office of Field Management on 7/10/2015; EEOC Director never wrote ‘me back’
Fact: I filed 3 written complaints with EEOC OIG to investigate NY EEOC and EEOC Director, Office of Field Management; EEOC OIG never wrote ‘me back’
+
Q: what did NY EEOC give me [HE HE HE] in return?
Fact: NY EEOC gave me [HE HE HE] a ‘no reasonable cause’ letter (duh!)
Howard M Wexler (Verizon’s attorney) works for Seyfarth Shaw
+
Victoria A. Lipnic (Acting EEOC Chair) worked for Seyfarth Shaw
+
=
EEOC case dumping scandal (1965 — T im)
Tim: The thief! It’s the thief! Stop thief! Stop thief!
in other words
U.S. Department of Justice,
Fact: the top ethics lawyers for the last two presidents
Richard Painter, Chief Ethics Counsel for George W. Bush
Norman Eisen, Chief Ethics Counsel for Barack Obama
now (nunc) know the facts:
1 From 2001 to 2008,
EEOC lost 25% of its workforce and 271 front line investigators
- Gabrielle Martin, President of the National Council of EEOC Locals
November 19, 2009
+
2 Barack Obama and Joe Biden will fully fund and increase staffing for EEOC
=
3 EEOC case dumping scandal (1965 — T imGolden)
________________________
U.S. Department of Justice,
Fact: 50 million more Americans are working in 2016 than in 1982
Fact: In 1982, U.S. population was 231 million
Fact: in 2016, U.S. population was 322 million
Fact: in 1982, Congress approved EEOC staffing for 3,700
Fact: In 2016, Congress approved EEOC staffing for 2,250 ?
Fact: EEOC receives 100,000 complainTs/yr
Fact: EEOC employs only 666 investigators
Fact: 666 EEOC investigators can’t investigate “in good faith”
100,000 discrimination complainTs/yr
Q: how many EEOC investigators would it take to (not screw
in a light bulb) investigate in a ‘thorough and timely’ manner
100,000 discrimination complainTs/yr?
A: 50 states * 100 investigators/state = 5000 EEOC investigators (duh!)
p.s.
Trust but Verify
p.p.s.
https://www.eeoc.gov/eeoc/plan/upload/2017budget.pdf
page 30 Chart 2 666 EEOC investigators assigned
____________
Mrs. Obama + JESUS =
So I thought it would be important to remind these young women
(Daughters of God) how valuable and precious they are.
I wanted them to understand that the measure of any society is
how it treats its women (complainanTs) and girls (born + unborn)
_________________
U.S. Department of Justice,
Fact: the Obama years (2009–2016) kept finding the money to employ
21,444 Border Patrol agents
vs
Q: the Obama years (2009–2016) couldn’t find the money to employ
more than 666 EEOC investigators?
in other words
vs
p.s.
Q: why are y’all [President(s) + OMB + Congress] so ethically challenged?
A: k no! w God
_________________
Q: In law, FRAUD is ___________________?
A: deliberate deception
to secure unfair or unlawful gain, or to deprive a vicTim of a legal right.
___________
Year: FY2015
# of EEOC complaints: 89,385
No Reasonable Cause: 60,440
Reasonable Cause: 3,239
https://www.eeoc.gov/eeoc/statistics/enforcement/all.cfm
https://www.eeoc.gov/eeoc/statistics/enforcement/all-a.cfm
https://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm
https://www.eeoc.gov/eeoc/statistics/enforcement/litigation.cfm
https://www.eeoc.gov/eeoc/plan/budgetandstaffing.cfm
_______
As we all know, the goal is to meet the numbers.
Cases are closed even though questions remain
whether there was discrimination.
If it is the end of the quarter, or the end of the fiscal year,
EEOC offices dump cases.
There is no other way to describe what happens
- Gabrelle Martin, Council President
February 2004
p.s.
Trust but Verify
p.p.s.
http://www.council216.org/docs/newsletters/204_216Works.pdf
___________________
there should be no case dumping
- House Speaker Newt Gingrich
March 3, 1998
+
+
y’all [all so-called religious people] better start righting before G-D says, “spirits! put your man (pencils) down!”
+
