Need Advice

[Freetalker]

Hello, All,
This is my first post, and i need some advice from the learned members. I am at this time involved in a dispute with my local Family Services Dept. over me getting some new dentures, and them in denial because I have a spend down of over $100, and they want me to spend this money in cash to get the card. Anyway, I have tried in vain to obtain the name, and phone number of the Medicaid Administrator so that I could submit a petition for redress, as is my right by law. Here is the case law on redress:

Ohio Constitution.

[The 1851 Constitution with Amendments to 2006

Section 1.16 Redress in courts (1851, amended 1912)
Quote
"All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay."

Furthermore, I have been advised by the office of Family and Children of xxxxx, Ohio, that certain "rules" are in place that tend to govern me as a Medicare recipient, and that these rules actually supersede the Law of the Land, and that, in itself is wrong in it's telling, and wrong in it's administrating.
Also, the caseworker, and her supervisor, tried to get me to obtain an accounting for services before the services were rendered, a clear case of fraud. I will argue that the U.S. Constitution is the supreme law of the land. No other laws from State governments may supersede this document's authority. No ordinance, rule, or law may supersede the Constitution.

I have advised my caseworker, and her supervisor of the
Universal Declaration of Human Rights of 1948, and they still refuse to disclose the name and number of their ultimate boss to me. I feel that my Constitutional Right to redress and petition has been violated, and plan to bring suit against the County, and the State.

What I need to know is this: Do I have a case here?

Does anyone know of a Constitutional Attorney that may be interested in this case, on a consignment basis?

Thanks in advance, I need help fast. I have but 20 days left to declare intent to bring suit. Also, I have a video conference hearing coming up, with a representive of the State, in which I will declare my rights, and my right to bring suit.

[rentiap]

Are you a citizen?
or are you a people?

Welcome to the forum!

[charlesa6]

Freetalker, welcome to the forum. Some of the knowledgeable members will chime in to assist you on the subject matter.

[Freetalker]

Well, not one member came forward to help me with this, and...I kind of expected it too, being a new member and all. Those of you who gave thought to my problem, thank you.

That being said, I had a small, but powerful victory today at my state hearing. Being only a student of the Constitution, and not a learned master, I had to do a lot of reaserch to bring this victory off. I bagan with stating my case to the state officer, who read me all the "rules" that are supposed to govern me as a Medicaid recipiant. Then the agengy in question got to make their case first, as the burden of proof was on them, not me. After all this, I got to ask a few questions. The first thing I asked her, this officer, was if she was an employee of the state, which she asnwered in the affimitive. I then asked if the state operated on the Uniform Commercial Code, which I know it does. she hem hawed around, and finally stated for the record that she did not know, an out and out lie. Then they showed me that my OMC card covered all expences, that i had nothing to pay out of pocket for my medical costs. Then I sprang my trap.
I asked if it is a fact that the medical provider gets paid immediatly, or if they must in fact wait for their payment, knowing that they sometimes wait up to six months to see a penny from Medicaid. You shoud have seen the shock on their faces when I stated as a fact the during that time between the service renderd, and the actual payment, that it was I who was fully responsible for all of the cost, which is true....you sign a document attesting to this when you sign in at the hospital, doctor, etc. So, it seems that I have actually met my so called "spend down" all of the time, as I see doctors at least twice a month, plus all of the tests I must endure.
(I was in a semi roll over crash in '85, that damn near crippled me, seperating my spine all the way up and down, and breakeing my neck is several places) So, X-Rays, MRIs, Ultrasound, and constant EEGs keep me busy. The look on ther faces was worth a million bucks!
Then I dropped a bomb, and accused two of the caseworkers with conspirity to commit fraud, and trying to get me to actually commit the fraud. The state official promised me that a full investigation would be coming real soon for that welfare office, and also promised me a full review of my case, and my medical records.
Something came up there that took me by suprise. Now I am an American worker, have been for 35 years. i faithfully paid into the trust fund that goes my the name of Social Security. I have a $102.00 spend down based on my gros income, which would not make a small dent in what I once made as a professional automobile mechanic, and then an owner-operator semi driver. It seems that a person who pays not one thin dime into the fund, and collects S.S.I. has no spend down at all. Fair?
I think not. I ended with assuring my full Constitutional Rights, and made it clear that I waive no right.

I have just begun to fight, as soon as I have a decision, I am filing an affidavit against the caseworkers, and the state for a redress of greivance, and a challenge of that particular ruling. Wish me luck, folks, this is for everyone who has ever been on welfare, food stamps, of Medicaid.

[charlesa6]

Good luck, and keep us posted.

[ezrhythm]

Welcome to the forum and GREAT job!

[Answerman]

Freetalker,

I am not certain what your beef is...

"I think not. I ended with assuring my full Constitutional Rights, and made it clear that I waive no right."

In the Medicare system, you have only due process rights and no constitutional rights. You are dealing with a huge administration. Is it a hassle? always. But you can't ask for a government sponsored program and claim constitutional rights at the same time. Here is a great hint and I do this every time I am up against an agency...

I ask for help. People are willing to help if you only ask for it. Give a few smiles, laugh and you should see some results come out of it. By trying to fight the system, they will just shut you down. If you need the help that bad, work with them.

Incidentally, you said it quite well.

It was a "STATE" hearing
It was a "STATE" officer
The agency in question got to ask their questions first.
For 35 years you paid into Social Security. OK, you contributed to welfare, but welfare you shall receive back. Don't expect them to treat you humanely.

Please look up the term "State" in the state you live in, you will be suprised. It should say "when referring to different parts of the United States, it includes the District of Columbia"

Welcome to US territorial jurisdiction Freetalker.

[Freetalker]

Well, I didn't get what I wanted, but did score a small victory, anyway. I got my spend down reduced dramatically, not at least I can afford to meet it! They have the "law" on their side, and that's all there is to it, nothing I can do to defeat that. Oh, well, back to the drawing board. Freetalker