Bureaucracies, Plague, and a little bit of Fame

There’s been an outbreak of the plague where I live.

Well, maybe plague is a bit of an exaggeration, only a bit though.

So, that’s where I was last week. I was sick. I’m not talking just stuffy and achy; I’m talking Night of the Living Dead!

I’m feeling better this week though. This week has just been filled with drama, oh so much drama! The most noteworthy of which is my ongoing Social Security-Community Care nightmare. The following is what I sent to various state politicians, media outlets and DHS big-wigs yesterday:

To whom it may concern:

My name is Cassandra Davis. I’m a 32-year-old, partial quadriplegic and I’m currently enrolled in Community Care through Walworth County’s DHS. The following is a series of emails exchanged between me (Cassandra Davis) and my Community Care case worker (Faith Harrington) when I got mad after being informed that I had been assigned a representative payee, for the second time, because I am physically unable to write checks. I handle all other transactions just fine through my government provided, online, banking institution debit card. The only way they (WI state) will let me pay electronically is if I set up automatic withdrawal.

I refuse to and let me explain why:

1. I have been over-charged multiple times. I have reported it, to Ms. Harrington, and I have been told I was mistaken regarding the amount of SSD I received ($750)… for that month only. The months before, and after, were $750 but that month I was billed for the entire $750 because I had supposedly gotten more that month, for no particular reason.
A. The last direct deposit into my account was $671. If I were to allow them to withdraw first and ask questions later I’d be completely broke to the point of being over drawn. I wouldn’t even have the $100 monthly allowance they expect me to survive on.

2. I don’t need or want the food they provide here. It is basically school cafeteria food, for every meal. I had a stroke, I wasn’t sentenced to jail, nobody should be forced to eat this slop. So I have provided my own food. That hasn’t stopped them from charging me though.

3. During my last Medicaid review I was told that they couldn’t count the whole $750 as “rent” because it’s Room and Board only $550 of it is “rent” so I told Ms. Harrington I’d be paying $550 and buying my own food. She agreed but it never reflected in my bill. Direct withdrawal would just take the amount they charged.

On Sep 16, 2013, at 10:35 AM, “Harrington, Faith” wrote:

Hi Cassandra,
I wanted to take this opportunity to touch base with you regarding the on-going issue with your past due R&B bill. You had agreed to make a payment by 6/15/13 and to this date we still have not received any payment from you. We have reached a point where it seems that rep payee services are going to be the way to proceed from this point on. However, we would like to first give you the opportunity to continue to be independent with managing your finances. You have indicated that you would be willing to pay $550/mo towards your R&B. We need you to pay $3,025 by 9/30/13. This is the amount accumulated at $550/mo for the past 6 months (month of Feb is prorated as you moved in on 2/15). This doesn’t include the current payment due for month of Sept.
Thanks,
Faith

This states that they want to give me the opportunity to retain control of my finances yet they know that direct withdrawal will take $4,098.00 ($683.00×6) not $3,025.00 ($550.00×6) like they say they need. Ms. Harrington is aware, at this point, that I need to pay electronically, which is only available through direct withdrawal. So I wasn’t really given much of a choice, pay for food service you don’t need or want or we’re (Community Care) taking away your right to independently manage your finances.

4. The fact that regular businesses, let alone government agencies, are required to abide by the terms of The Americans with Disabilities Act (ADA):

Section 255 and Section 251(a)(2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable.

Or ADA Title II: Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Or ADA Title III: Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation’s resources.

**At this juncture, I want to point out that we are living in an age where the average business owner can accept CC payment with their smart phone. I just set up an online store that accepts all major CC and PayPal for a friend. Expecting our government to have this technology, especially the department setup exclusively for people with disabilities, is more than reasonable!

5. I recently received a letter informing me that all Social Security benefits are now required, by law, to be paid electronically!
I want to use my benefits to pay electronically, but that’s not allowed?

So, this has been going on for over a year. Community Care even had a psychiatrist declare me incompetent, without even evaluating me, so they could file the paperwork to have a rep payee appointed. I fought it, with the help of Cathy S. from Disability Rights of Wisconsin, and won. At which point I stated that I was still going to need to be able to make monthly CC payments.

Two months later and still nothing had changed. Instead of updating their 1990 system Community Care filed for a representative payee again. I fought it, again, and had it reversed, again. Now the S.S. office people are telling me they won’t help me avoid paying my bills, because they think that’s what I’m doing, if Community Care files again. Community Care STILL won’t let me pay monthly though. Well, this is what happened. The inciting incident is me learning of the second Rep Payee attempt:

From: Cassandra Davis
Sent: Wednesday, August 27, 2014 11:36 AM
To: Cathy Steffke
Cc: Michael Durben; Harrington, Faith; Lundgren, Irene
Subject: Rep Payee AGAIN

What the hell is going on? ALL I need is a form that allows me to pay MONTHLY. Don’t I have the right not to give the government free access to my account? I can’t write checks. Money orders cost money. So they are taking away my ability to manage my life?

What they are saying is basically, pay a fee for being unable to write checks or forfeit control of your finances.

I’m contacting the media. This is ridiculous.
Cassandra

On Aug 27, 2014, at 4:26 PM, “Harrington, Faith” wrote:

Hi Cassandra,
Can you please clarify what form you are referring to. Last year I provided you with a form that would let you pay your bill through autowithraw (debit) from your account, and you refused to sign this. As I explained at that time, it wouldn’t allow us free access to your account, as only the amount indicated on the form could be withdrawn.
Please explain what form you are referencing so we can see if this is an option, and discuss further.
Thanks,
Faith

From: Cassandra Davis
Date: August 28, 2014 at 4:11:08 PM CDT
To: “Harrington, Faith”
Cc: Cathy Steffke, Michael Durben, “Lundgren, Irene”, “Davis, Terresa”
Subject: Re: Rep Payee AGAIN

I’m re-reading this, you’re claiming that you “explained at the time” that only the amount on the form would be withdrawn. So your claim is that I’m the one who misunderstood, but not once, in the DOZENS of emails regarding this EXACT situation, that we exchanged did you think to say anything? See, I’ve HAD bills on direct withdrawal before, back when I had my own place, and they’d take the amount of the bill, whether it was $5 or $50, DIRECTLY from my account, automatically, every month! I have this last staff meeting recorded and when I tell you I’m not signing because I’m not okay with not having a say when funds withdrawn from my account you tell me you’ll talk to accounting but you doubt they’ll change it.

It doesn’t matter, email me this form, give me back my SSD checks (bye-bye Mr. D) and everything will be okay. You’ll get your payment. You know, as soon as money starts going into my account.

On Sep 10, 2014, at 3:39 PM, Cassandra Davis wrote:

Okay. Now I’m getting pissed.

1) you assign me a rep payee with a court order obtained with on an incorrect evaluation of my mental state, based the opinion of a biased psychologist from a non-existent appointment. You bill me for this so-called appointment a year after it allegedly occurred. This was, coincidently, weeks after I went to the SS office and got the decision repealed. I did this, in part, with a report submitted by a woman from Disability Rights of Wisconsin finding me rational, able, and competent.

2) I received an email from you (Faith Harrington) claiming that this whole nightmare has been basically just a big misunderstanding. Claiming that Direct Withdrawal won’t give Community Care free access to withdraw the monthly charges without me being able to verify the charges are correct until after the money is withdrawn. This might be bull but, regardless of how irritated I am, I say, “Whatever, if that’s the case, email me the paperwork.”

3) I even sent the form I’ve used to make payments by CC to Lakeview, twice, trying to clear this up. Your whole thing has been that you think I just don’t want to pay. I keep doing everything you ask, trying to find a solution I can live with, and I’m still the bad guy.

4) I don’t hear anything back for over two weeks. Today I receive a check from a rep payee. I’m curious as to how in the hell you managed to get another court order because obviously the evaluation from Dr. Semen was found to be inaccurate. You should have ordered another one, from a Dr. who hadn’t made his mind up before hand.

So the way I see this is either you used falsified documents or you didn’t bother getting one. I believe it’s illegal to cash someone’s SS checks without a court order. I want a copy of the new assessment, if it exists. I want you, not me YOU, to fix this before 10/3/14, or I’m pressing charges. You have no reason to do what you are doing; more importantly, you have no right. I’ll also be following up with the media. After our last communication, Faith, I believed we were on the path to having this resolved so I chose not to pursue that course of action. I see now that was a mistake.

At the bottom of this email you will all see the previous email correspondence between Faith and I. It is my proof.

I want to make sure to point out the dates: August 27, August 27, August 28, no response, September 10! The saga continues:

On Sep 11, 2014, at 12:27 PM, “Harrington, Faith” wrote:

Hi Cassandra,
I’m sorry that you are upset. I want to address your below concerns. First, I want to clarify that we didn’t bill you for the appt with the psychologist (Dr. Semen). If you received a bill, please forward to me so I can take a look at it.

In regards to the Room&Board bill, you were given several options of how to pay your bill. There hadn’t been any payments received from you since you enrolled in Family Care (August 3, 2012). Last year, myself, as well as your case worker at the time (Kelly) offered to help facilitate a method of payment from one of the options available. After numerous attempts to get you to pay your bill, to no avail, we finally pursued the rep payee in Nov. 2013; and Mike Durben (MD Advocacy) was awarded rep payee which started in Jan. 2014.

You went to the Kenosha office a few months ago and applied to be payee for self again, which was awarded and you started to receive your monthly SS income in July. There was no payment made towards your Room & Board again, for the months of July or August.

The application for rep payee was resubmitted with the information we had. There haven’t been any falsified documents. Nothing illegal has been committed. The Social Security Administration awarded MD Advocacy (Mike Durben) rep payeeship which gives him the legal right to deposit your SS money into an account set up in your name.

Cassandra, you agreed to pay your R&B when you signed the Room&Board agreement form (which I have attached to this email). Your were given the same options to pay this, that all of our other member’s are given. It was your responsibility to make these payments and you neglected to do so. Also, we are trying to protect your eligibility in the program. By not paying your Room& Board bill, you put yourself at risk of becoming over asset and no longer eligible for the Family Care Program.

Thanks,
Faith

On Sep 11, 2014, at 1:29 PM, Cassandra Davis wrote:

Faith-you are so full of sh*t. What happened a year ago doesn’t matter. The fact that Two Weeks ago I received an email, FROM YOU, stating that Direct Withdrawal WILL NOT give anybody free access to my account, that I’ll be able to specify an amount. That is the only thing I’ve wanted FROM the beginning. I then asked you to send me the paperwork, which you STILL haven’t done.

I have done everything short of getting on my knees and BEGGING you to take my money, I CAN NOT make a payment because YOU Never sent me the forms.

There isn’t any attachment but I have an audio recording of me Refusing to sign anything until this was sorted out because I KNEW you’d try this. So I’m interested in this R&B agreement, it must be from before 2/14/2013 and since then I’ve refused to sign, twice at least.

Protect my eligibility? Oh I’m SO glad this is in writing. You realize you haven’t sent this paperwork that I NEED but you’re having NO PROBLEM handling the Rep Payee paperwork. So you have literally made it IMPOSSIBLE for me to pay but you’re citing nonpayment as an excuse to put me on an ALLOWANCE of $100 a month to PROTECT me!

Now I’d think that the fact that I Was able to reclaim control of my finances by contesting the findings of Dr. Semen, those findings would be no longer valid. I STILL demand a copy of that court order, this is my second request, I have the legal RIGHT to see it. I also want the documents you provided to SS. Keep denying me, see how well THAT goes, though.

The bill I got from Dr. Semen will be sent along ASAP.
Cassandra

On Sep 23, 2014, at 1:22 PM, Cassandra Davis wrote:

In a previous email you stated I could set withdrawn amount. I’ve asked twice for those forms but to simplify we’re gonna call this my first request. Please email me the forms.
Cassandra

On Sep 24, 2014, at 11:28 AM, Cassandra Davis wrote:

Request number two.
Payment forms. Email them. Now.

On Sep 25, 2014, at 1:42 PM, Cassandra Davis wrote:

Not only have I not received any forms, I haven’t even gotten a reply, of any sort, to the previous two emails. If you want me to pay, send the forms!

Again, notice the dates: September 11, September 11, no response, September 23, no response, September 24, no response, September 25!

From: Harrington, Faith
Sent: Thursday, September 25, 2014 4:30 PM
To: Cassandra Davis
Cc: Cathy Steffke; Lundgren, Irene
Subject: form

Hi Cassandra,
I have been out of the office much of the past couple days and apologize for not sending this sooner. Here is the form you are requesting. It is the same form that was provided to you last year.
However, since your rep payee is paying your R&B bill, it doesn’t really apply at this time. If you need anything else, please let me know.

Thanks,
Faith

The form she attached has a distinct lack of anywhere you can specify the amount to be withdrawn.

I’m at my wit’s end. The only thing I can think to do is make this a detailed summary of the events, to date. It is now September 29, 2014. I’m first going to be emailing this to Faith Harrington and Irene Lundgren. If I fail to receive a timely response resolving this issue, I’ll proceed to email every legislator, every news channel and every Community Care authority figure in or affiliated with the SE-WI area. They supposedly gave me a chance to retain my independence. I’m willing to actually give them a chance to resolve the situation before taking this ridiculous-ness public.

Thank you in Advance for Your Time,
Cassandra Davis
4:29pm, September 29, 2014

 

 

So, that’s been fun. Toss in some family issues, on top of illness, and you have my week. That’s why I’m a little late getting this out but hey, I did it!

Oh, I almost forgot… There’s an article about me in She Magazine! I’ll post the link. I’m feeling pretty rad, let me tell ya!