June 26, 2002 
BUC'S CASE

Dear Governor Davis:

My wife's provider has informed us that this month, with the stroke of your pen, she may lose the following benefits:
 

ITEM
DESCRIPTION
MANUFACTURER
DAILY USAGE
REORDER NO
DIAPERS LARGE ADULT BRIEFS FIRST QUALITY PRODUCTS, GREAT NECK, N.Y. 10 1B013
CHUCKS DISPOSABLE UNDER PADS 30"x36" BUP 8 3460-71B
WASHCLOTHS UNIMPREGNATED WIPES, 10"x13" WYANT HEALTH CARE, SOMERVILLE, NEW JERSEY 47 QUICKABLES

    How is this possible that a mere two years after requesting social assistance, we learn that it might be withdrawn?  This is after waiting two years for her to establish eligibility with the State and Federal governments, despite her being totally paralyzed and mute!  Under the Department of Corporations (DOC), she continually lost all kinds of benefits because of administrative reasons.  This was during and after it was known by the DOC that her HMO closed down their operations in the State, abandoning her.  Now it seems that the State is about to do the same.
    Without this help, our cashed strapped family will have to pay for everything, and in the process find themselves potentially disqualified from all assistance because our new income level may well exceed government limits.
    If I have to earn an additional five hundred dollars to pay for chucks and diapers, my wife's SOC will increase, since medical costs are included as income;  escalating the five hundred dollars to perhaps six hundred, which could easily put us over the top.  Because we were caught by this whole incident living in Santa Monica with the higher food, utility and basic costs in this area, we have no survival headroom.
    Incidentally, my wife is not incontinent, but paralyzed, which means that she is not unable to control her valves, but unable to get up and walk to the bathroom when she feels she needs to.
 


SHORTLY AFTER MAILING THIS LETTER TO GRAY DAVIS, ACTING GOVERNOR OF THE STATE OF CALIFORNIA, THE COUNTY OF LOS ANGELES IMPLEMENTED ACTIONS TO CAUSE THE ADMINISTRATIVE INELIGIBILITY OF MY WIFE.

ADMINISTRATIVE ACTIONS ARE THE MAILING OF LETTERS TOO LATE TO TAKE ACTION, CONTRADICTORY INFORMATION, ERRORS WHICH MAY BE REMEDIED THOUGH WITH PURELY INADVERTENT UNALTERABLE CONDITIONAL PENALTIES NOT SUBJECT TO PUBLIC SCRUTINY.

FOR EXAMPLE, IF THE COUNTY AND STATE COULD BREAK HER ELIGIBILITY, THUS FORCING HER TO PAY MORE FOR SOCIAL SERVICES, THOUGH ONLY TEMPORARY THROUGH GOVERNMENT ERROR, THEIR CLERKS MIGHT FIND HER INCOME EXCESSIVE DURING THIS UNFORTUNATE PERIOD OF GOVERNMENT OVERSIGHT, WHICH MIGHT DENY ALTOGETHER OR STRICTLY REDUCE THE AMOUNT OF HER SOCIAL BENEFITS, DESPITE THE REDUCTION IN THE QUALITY OF HER CARE, WHICH IS REALLY OF NO CONCERN TO THEIR CLERICAL STAFF.

BY AUGUST, THIS WAS COMING TO A HEAD WITH THE COUNTY, AND I REQUESTED A STATE HEARING BEFORE AN ADMINISTRATIVE  ADJUDICATION JUDGE, WHICH WAS GRANTED.

THE COUNTY, SEEING THAT THEY MIGHT LOSE, UNDER IHSS DIRECTOR LINDA ALVEREZ, WHO SEEMED TO INDICATE THAT NON LATINOS DO NOT DESERVE BENEFITS, ALTERED ALL COUNTY PHONE NUMBERS TO MY WIFE'S IMMEDIATE IHSS CONTACTS, MAKING IT IMPOSSIBLE FOR US TO DEAL WITH THE SITUATION OF IMPENDING INELIGIBILITY.  REMEMBER, MY WIFE HAD THE LARGEST DOCKET IN LOS ANGELES COUNTY, AND THEY AND THE STATE OF CALIFORNIA WERE RUNNING OUT OF MONEY FAST!

THERE WAS NO QUESTION THESE WERE NOT SPONTANEOUS NOR PROPER ADMINISTRATIVE PROCEDURES, BEING THAT THE COUNTY JUST HAD VISITED MY WIFE, AND APPROVED HER BENEFIT NEEDS.  THEY CAME ON THE COATTAILS OF GOVERNOR DAVIS' LETTER.

THERE IS NO QUESTION THAT GOVERNOR DAVIS AND CALIFORNIA STATE ATTORNEY GENERAL BILL LOCKLEAR, WHO ALSO RECEIVED THE SAME LETTER, ACTED IN CONCERT AT EVERY LEVEL TO ELIMINATE AS MUCH PUBLIC ASSISTANCE AS POSSIBLE, FOR ALONG WITH THE COUNTY IHSS, THE COUNTY HEALTH DEPARTMENT INITIATED ACTION ULTIMATELY PLACING OUR HOME IN LIEN.

ALMOST SIMULTANEOUSLY TO IHSS ACTION, THE COUNTY HEALTH DEPARTMENT MADE A CLANDESTINE VISIT AT OUR CONDO, LEAVING A YELLOW FORM WHICH WAS ILLEGIBLE, LEADING TO A SERIES OF CLAIMS AND ACTIONS, STIPULATING THAT MY WIFE COULD NOT TAKE A BATH IN OUR CONDO WITHOUT COUNTY HEALTH DEPARTMENT APPROVAL;  VIZ., A HEALTH PERMIT.

WHILE ALL THIS WAS BREWING, I APPEARED AT THE STATE BUILDING FOR MY WIFE'S HEARING, WHICH WAS ALLEGEDLY CANCELED AND RESCHEDULED BY THE COUNTY, WHO WAS HOPING THAT I WOULD NOT SHOW.  THERE WAS NO CLERK AT THE WINDOW WHERE YOU SIGN IN, AND AN ACTING JUDGE TOOK THE TIME TO LOOK OVER THE DAY'S SCHEDULE AND SIGN ME IN.  LATER, A CLERK TOLD ME THAT IT WAS A GOOD THING THAT I STAYED, BECAUSE MY WIFE'S CASE WAS SCHEDULED AND HAD I LEFT, THE COUNTY REPRESENTATIVE, WHO PARKS HERSELF IN THE STATE BUILDING WOULD HAVE TOLD THE JUDGE THAT I HAD FAILED TO SHOW UP ON MY WIFE'S BEHALF.
 
 

GRAY DAVIS, ARE YOU STILL MISSING?

    After this pitiful encounter with Gray Davis, I initiated action on this web site in order to stop his career as a public servant.
    Shortly before his recall election, he ran for Governor re-elect against Bill Simon, and barely won.  One call to the Simon campaign headquarters in Sacramento, and my web site received over one hundred hits within two days at the directed page "Missing".
    There is no question in my mind, that this web site reduced his votes by 2%, because his hits and his sliding in the polls were inversely proportional.  Even today, one year later, the page "Missing" receives the highest ranking in hits.   Politicians beware, our Freedom of Speech has grown!