Category Archives: Civil rights

Fourteenth Amendment birthright citizenship, Trump right Ryan and other Democrats wrong, Alien parent(s) must be domiciled in US legally, Misquoted and misused to protect Obama and agenda

Fourteenth Amendment birthright citizenship, Trump right Ryan and other Democrats wrong, Alien parent(s) must be domiciled in US legally, Misquoted and misused to protect Obama and agenda

“Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.”
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”…Marbury V Madison

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Attorney Mario Apuzzo has done an oustanding job for years of clarifying the US Constitution and statutes in regard to US citizenship and Natural Born Citizen.

The following addresses the citizen birthright bestowed by the Fourteenth Amendment.

“In Article II, the Constitution demands the status of “natural born.” In the Fourteenth Amendment, it demands “born” in the United States and “subject to its jurisdiction” at the time of birth. Only a child born in the country (or its jurisdictional equivalent) to citizen parents can be an Article II “natural born” “Citizen of the United States.” Minor v. Happersett (1875). In contradistinction, a child born in the United States (or its jurisdictional equivalent) to one or two alien parents can under the Fourteenth Amendment be a “born” “citizen of the United States.” U.S. v. Wong Kim Ark (1989).  It should be noted that Wong Kim Ark also added in its holding that the alien parents of the U.S.-born child were domiciled in the United States.  The Court felt that the fact of domicile gave the United States sufficient jurisdiction over the parents which at birth spilled over to the child.”

http://puzo1.blogspot.com/search?q=fourteenth

There is a huge difference between visiting the US illegally and being legally domiciled here.

Legal definition: “Domicile is a person’s permanent place of dwelling. It is a legal relationship between a person and a locality. ”

state of domicile.: “The state in which a person has his/her permanent residence or intends to make his/her residence, as compared to where the person is living temporarily.”

Case closed!

Next subject.

Once again, Trump is right and the Democrats and spineless RINOs are wrong.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Thrivent claim news, Dr. Grover office contact, Sincere investigation attempt?, Records not requested in 2017 contrary to Thrivent letter statement, Mediation session sham

Thrivent claim news, Dr. Grover office contact, Sincere investigation attempt?, Records not requested in 2017 contrary to Thrivent letter statement, Mediation session sham

“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties.”…North Carolina Consumers Council

“The insurance companies understand that if they deny and deny claims, then many of the claimants will never pursue their claim,”…ABC News Good Morning America April 25, 2008

“Companies And CEOs Rarely Admit To Wrongdoing”…NPR Sept. 20, 2013

 

From Citizen Wells October 15, 2018.

“I have in my possession startling new evidence which explains the “Alice in Wonderland” responses and requests I received from Thrivent personnel and agents during the processing of my disability claims.

I am requesting that you examine the letter your senior claims examiner sent to the NC Insurance Commission on  August 10, 2018 and take the appropriate actions.

If I were in your shoes, after examining and reviewing the evidence, I would immediately issue an apology and make reparations.

In the absence of those Christian responses, I am requesting again that we proceed to mediation instead of Thrivent’s insistence on perceived authority to mandate binding arbitration.”

https://citizenwells.com/2018/10/15/to-brad-hewitt-thrivent-financial-for-lutherans-request-for-mediation-based-on-startling-new-evidence-request-you-examine-august-10-2018-letter-senior-claims-examiner-sent-to-nc-insurance-commissio/

Has a sincere effort to investigate what has actually transpired in my claims case begun?

I received a call from Dr. Grover’s office on Tuesday, Oct. 23, 2018, at 3:00 PM, asking if I had given my permission for an insurance company to receive my records.

I answered yes.

Since this phone number did not match the one I had on record, I decided I must verify it. I also wanted to know if anyone had requested my records in 2017.

On Friday, Oct. 26, 2018, I called the number which was answered as Dr. Grover’s office. I verified my identity and asked if anyone had requested my records in 2017. I was told someone would call me back.

I received a call several hours later. No one requested my records in 2017.

Thrivent Attorney Wayne Luck during mediation and the same claims person who wrote the 6 page letter to the NC Insurance Commission with the nonsensical contract explanation, the  “Alice in Wonderland” protocol, tried to accuse me of falsifying records. The claims person in her letter to my former attorney stated that Dr. Grover’s office had no records for me. As you note above, Dr. Grover’s office had no record of Thrivent requesting my records.

I however, have multiple copies of documents proving Dr. Grover saw me multiple times.

At no time has Thrivent requested these records.

The hole is getting deeper.

I will not put off forever revealing the  “Alice in Wonderland” nonsense the Thrivent claims person wrote.

I hope that someone(s) at Thrivent is intelligent and moral enough to seek the truth.

Background on Dr. Grover controversy.

http://eachstorytold.com/2018/10/27/thrivent-claim-more-startling-new-evidence-of-fraud-or-incompetence-dr-grovers-office-called-consequence-of-alice-in-wonderland-protocol/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Key Risk unleashes devils advocates against Mario Seguro-Suarez, Workers comp claimant, Fell 18 feet head-first onto concrete floor, Emergency brain surgery & damage, Accused of fraud & jailed

Key Risk unleashes devils advocates against Mario Seguro-Suarez, Workers comp claimant, Fell 18 feet head-first onto concrete floor, Emergency brain surgery & damage, Accused of fraud & jailed

“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties.”…North Carolina Consumers Council

“The insurance companies understand that if they deny and deny claims, then many of the claimants will never pursue their claim,”…ABC News Good Morning America April 25, 2008

“For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”…Ephesians 6:12

 

If the following is true, I hope that Key Risk is sued for every penny they have and put out of business.

From the Charlotte Observer via InsuranceNewsNet.com October 23, 2018.

“Company couldn’t cut disabled worker’s benefits, so it ‘went rogue,’ lawyer says

In 2003, after Mario Seguro-Suarez fell 18 feet head-first onto the concrete floor of his Lincolnton workplace, his employer and its insurance carrier acknowledged that his disabling brain injury qualified him for workers’ compensation benefits.

Court documents reveal the lengths that Key Risk Insurance Co. went not to pay them.

The Greensboro-based company disregarded years of medical opinions — including several from its own doctors — that Seguro-Suarez was indeed left disabled from his fall at the Southern Fiber factory, documents show.

Over the past 15 years, Key Risk has made multiple trips to courts and before the N.C. Industrial Commission to argue that Seguro-Suarez has been faking his symptoms and that his benefits should be cut off.

When the company lost those fights, it kept appealing — and losing.

When all else failed, says veteran Charlotte attorney Woody Connette, Key Risk “went rogue.”

First, it had the idled worker followed and videotaped for weeks, court documents say. A private investigator then took what a detective would describe as misleading information to Lincolnton police to accuse Seguro-Suarez of insurance fraud. He was arrested, jailed and later indicted.

The charges were thrown out in 2014, drawing a withering rebuke from the Lincoln County judge who heard them.

Now, Seguro-Suarez and his attorneys are suing Key Risk and others for malicious prosecution. In September, the N.C. Court of Appeals — the state’s second highest judicial body — refused the company’s motion to have the 2016 lawsuit thrown out.

Charlotte attorney Woody Connette, who is serving as legal guardian for Seguro-Suarez in his Key Risk lawsuit because the worker has been found incapable of representing himself, says the company’s actions are unlike any he’s encountered in his 40-year legal career.

“I have seen some outrageous abuses of the system by insurance companies, but this is the most outrageous,” Connette told the Observer.”

“Seguro-Suarez’ fall in January 2003 left him in a coma and put him on a respirator.

Following emergency brain surgery at Carolinas Medical Center in Charlotte, the Costa Rican native was unable to clothe, feed or clean himself, documents say. He also displayed radical mood swings and was deemed incapable of returning to work.

A doctor who treated Seguro-Suarez described him as “childlike.” One of his workers’ comp attorneys, Rick Anderson of Charlotte, says multiple tests place Seguro-Suarez’ current IQ at around 70, in the bottom 1 percent of all North Carolinians.”

“In October 2014, Seguro-Suarez was arrested on 25 felony counts, including insurance fraud and obtaining property under false pretenses, documents indicate.

The criminal case against him began crumbling early on. After his first court appearance, a psychologist with the state prison system found Seguro-Suarez mentally incapable of standing trial, documents say.

Superior Court Judge Forrest Bridges of Lincolnton ridiculed the charges.”

“In October 2016, Seguro-Suarez sued for malicious prosecution. The complaint names Key Risk and four of its employees, including Senior Vice President Joseph Abriola, as defendants. Hill, the investigator, is also included.

Key Risk appealed. In January 2017, Superior Court Judge Jesse Caldwell of Gaston County refused to dismiss the complaint. Again, Key Risk challenged the ruling, this time to the Court of Appeals. In September, Key Risk again lost.

In June, the Industrial Commission rejected the latest company latest appeal and locked in Seguro-Suarez’ benefits for life.”

Read more:

https://insurancenewsnet.com/oarticle/company-couldnt-cut-disabled-workers-benefits-so-it-went-rogue-lawyer-says#.W9CfGWhKi1s

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

To Brad Hewitt Thrivent Financial for Lutherans, Request for mediation based on startling new evidence, Request you examine August 10, 2018 letter senior claims examiner sent to NC Insurance Commission

To Brad Hewitt Thrivent Financial for Lutherans, Request for mediation based on startling new evidence, Request you examine August 10, 2018 letter senior claims examiner sent to NC Insurance Commission

“We ended the year with a total adjusted surplus of $ 4.6 billion.”…Thrivent Magazine spring 2010

“Most private consumer lawyers are very reluctant, or completely unwilling, to
represent clients in a system that they believe is rigged against consumers.
Unlike the banking industry lawyers, consumer lawyers generally only get
paid if they win cases. Many of them have a reasonable, earned distrust of
forced arbitration, and extensive surveys of consumer lawyers consistently
show that most will walk away from a case rather than go to arbitration.”…CFPB study May 18, 2016

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017

 

I have in my possession startling new evidence which explains the “Alice in Wonderland” responses and requests I received from Thrivent personnel and agents during the processing of my disability claims.

I am requesting that you examine the letter your senior claims examiner sent to the NC Insurance Commission on  August 10, 2018 and take the appropriate actions.

If I were in your shoes, after examining and reviewing the evidence, I would immediately issue an apology and make reparations.

In the absence of those Christian responses, I am requesting again that we proceed to mediation instead of Thrivent’s insistence on perceived authority to mandate binding arbitration.

Prior to my receipt of the new evidence, I requested that we proceed to mediation in a letter I wrote to Thrivent dated June 11, 2018:

“I was informed that the appeal process was reopened after the mediation session of February 2017. This was the result of a discussion between my attorney, attorney Wayne Luck and the mediator, Mr. Gwyn. Mr Gwyn passed away over six months ago. Recently my attorney filed a lawsuit and Thrivent reiterated that we are bound by the MDRP process. My recommendation is that we go to the next step following appeal, Mediation.”

In that letter I went into much detail about the fact that the first mediation was improperly conducted.

Response from Thrivent’s outside attorney July 12, 2018.

“You asked to be informed if “there is a change of heart or philosophy.” Based on the facts as Thrivent now understands them, it will not change its position regarding mediation.”

Based on the premise: “Fool me once, shame on you. Fool me twice, shame on me.”

If Thrivent had treated me squarely, with concern for me as a member and human being, I might have embraced arbitration.

On August 9, 2018, Thrivent’s current outside attorney sent the following:

“Please know that Thrivent’s hope in commencing arbitration is that your long-standing dispute with the Society can be resolved with finality, which is to the benefit of you and Thrivent alike.”

Seems sincere, right?  I have no ax to grind with the attorney at this point. He is acting on Thrivent’s information and instructions.

The next day, August 10, 2018, the letter from Thrivent’s senior claims examiner perpetuates (and explains) the “Alice in Wonderland” position and uses that bizarre explanation to attack me.

So much for sincerity.

I sent the following to the attorney on August 22, 2018:

“Thrivent may or may not have informed you of their response to the NC Insurance Commission query regarding my complaint.

[Redacted] of Thrivent sent a 6 page response dated August 10, 2018.

Since you are the newest and therefore most “innocent” player in this controversy, represent Thrivent in some capacity, an officer of the court and bound by the ethics of the NC Bar, and, because I believe it is the right thing to do, I am giving you a heads up.”

I have also learned a great deal about arbitration and its mandatory use in insurance policies.

The following aspects are problematic:

1) This matter could have been cleared up years ago, in a courtroom or simply by representation from an attorney with the specter of going to court a possibility.

2) Thrivent maintained that we were bound by their MDRP, Member Dispute Resolution Program, which they enacted retroactively.

  • My policy was taken out in 1985. Litigation was permitted.
  • Thrivent changed their bylaws in 1999.
  • Thrivent made this change retroactive. State law allows as long as contract benefits are not diminished or destroyed.
  • I increased my coverage in 2000. This bylaw change was not presented to me nor did I agree to it.
  • Notification after my claim in 2009 that I was bound by the MDRP was unjust and diminished my contract benefit.
  • Most attorneys will not take on clients with mandated arbitration contracts on a contingency basis. I discovered that personally.
  • Thrivent, via outside attorneys, kept changing their position on arbitration. This, along with other tactics, led to my loss of legal representation.

 

3. The NAIC, National Association of Insurance Commissioners, on August 15, 2016 stated:

“Why arbitration clauses should be banned”

“If arbitration was truly a neutral forum rather than one favoring insurers, then there would be no need for an insurer to insist on its use before a dispute has even arisen.”

https://www.naic.org/documents/cmte_d_predispute_arbitration_wg_exposure_kochenburger_and_bridgeland.pdf

4. The North Carolina Consumers Council states:

“The problem comes with mandatory or forced arbitration where you are giving away your legal rights if the arbitration process doesn’t work in your favor. Companies have the advantage in arbitration and want you to go through the arbitration process.”

https://www.ncconsumer.org/news-articles-eg/mandatory-arbitration-clauses-are-everywhere-but-arent-good-for-the-consumer.html

5. National Association of Consumer Advocates June 23, 2012: “According to NACA’s survey of nearly 350 consumer attorneys, it is clear that private arbitration does not compare at all well to our nation’s traditional justice system. Consumers have lost the opportunity to assert their rights under many state and federal consumer protection statutes because of pre-dispute binding mandatory arbitration.”

https://www.consumeradvocates.org/sites/default/files/NACA2012BMASurveyFinalRedacted.pdf

6. CFPB study May 18, 2016: “Most private consumer lawyers are very reluctant, or completely unwilling, to represent clients in a system that they believe is rigged against consumers. Unlike the banking industry lawyers, consumer lawyers generally only get paid if they win cases. Many of them have a reasonable, earned distrust of forced arbitration, and extensive surveys of consumer lawyers consistently show that most will walk away from a case rather than go to arbitration.”

https://financialservices.house.gov/uploadedfiles/hhrg-114-ba15-wstate-pbland-20160518.pdf

7. Arbitration, lacking the protections of litigation, is binding.

I have tried repeatedly to resolve this injustice and have reached out with an olive branch, which was difficult given what has transpired and the impact on my life.

Mr. Hewitt, in the Citizen Wells article of July 30, 2018 I appealed to you to investigate my case since I believed that you and management have been misinformed.

I also conveyed an attempt I made with your attorney to make lemonade out of lemons:

In a recent email I sent to your outside attorney I stated:

“We appear to be at an impasse.

I am an expert on business & business systems. Over 30 years experience, with customers with $ 5 million to over a billion in sales.

I represented 3 companies in Manhattan.

My proposal:
Take this out of the legal/adversarial mode.
Hire me as a consultant to explain what happened and to prevent it from happening again.

They tout the MDRP program as benefiting the members and representing their core Christian values.
What better way to exemplify it than to create a win win situation, heal our wounds & to fix any problems in the system.

I am certain a bible verse applies.”

Response from Thrivent outside attorney June 29, 2018:

“As to your offer to serve as a consultant, we appreciate your creativity. Thrivent, however, is constrained by the MDRP program, and hiring you is simply not an option. ”

Our options are narrowing.

Wells

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Thrivent Financial for Lutherans “Code of Conduct” vs my claims experience, “Though I speak with the tongues of men and of angels, and have not charity”

Thrivent Financial for Lutherans “Code of Conduct” vs my claims experience, “Though I speak with the tongues of men and of angels, and have not charity”

“Though I speak with the tongues of men and of angels, and have not charity, I am become as sounding brass, or a tinkling cymbal”…1 Corinthians 13

“We ended the year with a total adjusted surplus of $ 4.6 billion.”…Thrivent Magazine spring 2010

“How might my behavior be perceived if it appeared in social media feeds, on the news or in tomorrow’s headlines?”...Thrivent’s latest “Code of Conduct”

 

I recently received a “gift” from the NC Insurance Commission regarding my claims with Thrivent Financial for Lutherans.

This “Rosetta Stone” reveals the “Alice in Wonderland” protocol and subsequent treatment of me and my claims.

I have a code of ethics.

First and foremost, I do not lie. I do not misrepresent the policy provisions or claims information.

Thrivent has indicated that they do not like what I have written. They have threatened me with legal action.

I gave Brad Hewitt, Chief Executive Officer a heads up in a Citizen Wells article dated July 30, 2018.

I gave their outside attorney a heads up in an email dated August 22, 2018.

I am prepared to move forward with the truth.

Below are some relevant highlights from Thrivent’s “Code of Conduct” from several years ago.

“How would my action look as a headline in tomorrow’s newspaper?” from Page 4 seems relevant.

Page 2

“Just as The Thrivent Way encourages all of us to be trustworthy in character and competence, our Code of Conduct helps us live out and demonstrate the principles of The Thrivent Way. Thrivent’s Code of Conduct helps guide our actions and choices.

At its core, the Code of Conduct boils down to common sense—treat others with
respect, follow the law and adhere to Thrivent policies and expectations. It’s a simple concept that helps us best serve our members and society.”

Page 4

“The Thrivent Way

Our mission, vision and values
We are a membership organization of Christians, and our members are our owners. Our purpose is to serve our members and society by guiding both to be wise with money and live generously.
We believe that all we have is a gift from God and that generosity is an expression of faith.
We succeed when our members, their families and their communities thrive.
We value our relationships, so we will:Be trustworthy in character and competence,
and Act like owners and treat each other as owners, and Live balanced and generous lives.”

“Thrivent Financial is dedicated to acting in the interest of our member-owners.
Ethics matter, and we expect everyone acting on behalf of Thrivent to know and
understand our Code of Conduct and follow its principles.”

“Making the Right Decisions

Our Code highlights key principles that guide our behavior at Thrivent, but it can’t address every ethical situation. In those cases, use your best judgment to make the right decision or seek guidance.

Consider these questions before you act:
• Does my action conflict with The Thrivent Way?
• Is it legal?
• How would my family or friends view my behavior?
• How would my action look as a headline in tomorrow’s newspaper?
• Could my behavior harm Thrivent’s reputation?”

Page 13

“Know the Signs of Fraud
Fraudulent activities are known to have occurred in most companies.
Although most people have honest intentions, it’s in our best interest
to remain vigilant and help prevent fraud by understanding the common
signs of fraudulent behavior.”

“Misrepresentation related to an application or claim.”

Page 14

Fraternal Status
To protect our fraternal heritage and maintain our fraternal status, Thrivent will follow the federal and state requirements applicable to fraternal benefit societies.
We will not inappropriately utilize our fraternal status to competitive advantage.

Thrivent’s latest “Code of Conduct.”

http://cdn.coverstand.com/37774/271455/0b8f1921bcfd7ec219a6e30e93157d88675a9955.62.pdf

Note the latest version states:

“How might my behavior be perceived if it appeared in social media feeds, on the news or in tomorrow’s headlines?”

Once again I present to Thrivent:

“Those who use the sword will die by the sword.”…Matthew 26:52

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

NC insurance issues, Hurricane Florence ramifications, Mandatory arbitration impact, Most have no flood insurance, My disability claims impact

NC insurance issues, Hurricane Florence ramifications, Mandatory arbitration impact, Most have no flood insurance, My disability claims impact

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“Companies don’t want to go to court because it puts them on a level playing field. Courts are ruled by law, legal precedent, and legal discovery, which allows litigants to obtain information and evidence from their opponents or from third parties. Discovery is a privilege in arbitration, but not a right. Arbitrators can’t enforce subpoenas, meaning you have to file a lawsuit just to get a third party or a piece of information into the hearing. In open court, you don’t have to jump through nearly as many hoops. Further, judgments in court are often more favorable to the consumer, both in the rate of success and the dollar amount of judgments.”…North Carolina Consumers Council

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

 

Hurricane Florence and its subsequent short term and long term flooding impact has been dominating much of the news in NC.

The impact is much worse than most people realize due to the extensive flooding and the fact that most people affected by the flooding do not have flood insurance.

Those who do have insurance coverage may be in for another shock.

The mandatory arbitration clause that may be in their insurance contract and permitted in NC. If they do not get what they consider a fair settlement, they may not be able to litigate, to have an attorney protect their interest in a court of law.

From the North Carolina Consumers Council.

“Mandatory Arbitration Clauses Are Everywhere But Aren’t Good For The Consumer

MANDATORY ARBITRATION TIES YOUR HANDS AND PREVENTS YOU FROM GETTING PROTECTIONS AND REMEDIES AVAILABLE UNDER STATE AND FEDERAL LAW”

“Arbitration can be voluntary or mandatory. Voluntary arbitration is preferred as it preserves your legal rights. Mandatory arbitration, on the other hand, compels you to first submit to the arbitration process as a condition of buying or using a product or service before you take your case to court. In many situations, however, accepting a mandatory arbitration clause means you surrender your rights to further court action at any time in the future for anything.”

“Arbitration providers market entirely to businesses and their arbitrators often consist primarily of corporate executives and their lawyers. So, arbitration is tilted heavily in the favor of the company because the arbitrator is chosen by and paid for by the company. That arbitrator has a financial incentive to rule in the favor of the company in order to be chosen in the future by the company for other arbitration cases. But that doesn’t necessarily mean that the arbitration will not find for the consumer. But arbitrators aren’t required to take law and legal precedent into account when making decisions like in legal proceedings. And since arbitration is private, everything that happens behind those closed doors is supposed to remain secret, meaning there is no public review of the process and no appeal in the case of binding arbitration.”

Read more:

https://www.ncconsumer.org/news-articles-eg/mandatory-arbitration-clauses-are-everywhere-but-arent-good-for-the-consumer.html

I recently received a gift, a blessing, from the NC Insurance Commission regarding my disability claim with Thrivent.

I am not at liberty to release the information at this time.

However, the impact this has had on me is significant.

It is my story and the story of thousands, if not millions of others.

http://eachstorytold.com/2018/09/25/thrivent-disability-claim-denial-and-treatment-impact-on-my-life-2009-to-present-delay-and-deny-alice-in-wonderland-protocol/

From the NAIC, The National Association of Insurance Commissioners, August 15, 2016.

“Peter Kochenburger and Brendan Bridgeland, NAIC Consumer Representatives 
Section One: Why arbitration clauses should be banned”

“Insurers that would insist on mandatory arbitration of policyholder disputes have selected the forum that they believe will be more favorable to them than to their policyholders, if not on each individual claim then in the aggregate. However, manipulating the dispute resolution process in this manner conflicts with the duties insurers owe their policyholders and is not holding their policyholders’ interests “at least equal to their own.”

“If arbitration was truly a neutral forum rather than one favoring insurers, then there would be no need for an insurer to insist on its use before a dispute has even arisen. Insurers should utilize arbitration only when the policyholder has consented to do so after an actual dispute occurs (which is what the suggested amendment to the Model Unfair Trade Practices Act should accomplish), rather than requiring it in boilerplate language that the policyholder is very unlikely to read, could not bargain over the provision even if she did, and could not make an
informed decision at the point of sale on the merits. True freedom of contract, combined with the fundamental right to a trial, requires a knowing relinquishment of that right, which can only occur voluntarily once a specific dispute has materialized.”

Read more:

http://eachstorytold.com/2018/07/16/naic-banning-arbitration-clauses-in-insurance-policies-why-arbitration-clauses-should-be-banned-companies-that-include-pre-dispute-mandatory-arbitration-clauses-do-so-because-it/

Aside from continuing my disability claim struggle, I hope to play a part in removing mandatory arbitration clauses in insurance policies.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Brett Kavanaugh confirmation, Christine Blasey Ford prosecution, Democrats impeachment and attorneys disbarment, Ex boyfriend damning evidence

Brett Kavanaugh confirmation, Christine Blasey Ford prosecution, Democrats impeachment and attorneys disbarment, Ex boyfriend damning evidence

“O, what a tangled web we weave when first we practise to deceive!”…Walter Scott

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

“Democrat mantra: The end justifies the means.”…Citizen Wells

 

More damning evidence against Christine Blasey Ford, Democrats  and attorneys.

From Zero Hedge.

“Blasey Ford’s Kavinaugh Testimony Unravels After Ex-Boyfriend Refutes Key Claims

Senate Judiciary Committee Chairman Chuck Grassley (R-IA) fired off an intriguing letter to Christine Blasey Ford’s attorneys on Tuesday, requesting several pieces of evidence related to her testimony – including all materials from the polygraph test she took, after her ex-boyfriend of six years refuted statements she made under oath last week. 

Grassley writes: “The full details of Dr. Ford’s polygraph are particularly important because the Senate Judiciary Committee has received a sworn statement from a longtime boyfriend of Dr. Ford’s, stating that he personally witnessed Dr. Ford coaching a friend on polygraph examinations. When asked under oath in the hearing whether she’d ever given any tips or advice to someone who was planning on taking a polygraph, Dr. Ford replied, “Never.” This statement raises specific concerns about the reliability of her polygraph examination results.”

Ford’s ex-boyfriend also claims that she never told him about any type of sexual assault in almost a decade of knowing her (of which they were romantically involved for six years).

“During our time dating, Dr. Ford never brought up anything regarding her experience as a victim of sexual assault, harassment, or misconduct. Dr. Ford never mentioned Brett Kavanaugh,” the ex writes, adding “While visiting Ford in Hawaii, we traveled around the Hawaiian islands including one time on a propeller plane. Dr. Ford never indicated a fear of flying.

Ford’s ex goes on to note “Dr. Ford never expressed a fear of closed quarters, tight spaces, or places with only one exit,” further refuting her testimony. “She ended up living in a very small 500 sq. ft. house with one door.” ”

Read more:

https://www.zerohedge.com/news/2018-10-02/blasey-fords-kavinaugh-testimony-unravels-after-ex-boyfriend-refutes-key-claims

The obvious next step is the Brett Kavanaugh confirmation, Christine Blasey Ford prosecution, Democrats impeachment and attorneys disbarment.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Justice Dept. enema required, Strzok firing not enough, J Christian Adams warning, Attorney Ty Clevenger FOIA requests and Transparency Project, DOJ blocking Set Rich info release

Justice Dept. enema required, Strzok firing not enough, J Christian Adams warning, Attorney Ty Clevenger FOIA requests and Transparency Project, DOJ blocking Set Rich info release

“Why was Tony West, who helped Obama keep his records hidden at taxpayer expense, promoted to Acting Associate Attorney General, the third highest official at the Justice Department?”…Citizen Wells

“Why has the Department of Justice not been cleansed (given an enema)?”…Citizen Wells

“I know that Seth Rich was involved in the DNC leak.”…Kim Dotcom

 

J. Christian Adams, former Justice Department attorney, warned us in 2010.

“On the day President Obama was elected, armed men wearing the black berets and jackboots of the New Black Panther Party were stationed at the entrance to a polling place in Philadelphia. They brandished a weapon and intimidated voters and poll watchers. After the election, the Justice Department brought a voter -intimidation case against the New Black Panther Party and those armed thugs. I and other Justice attorneys diligently pursued the case and obtained an entry of default after the defendants ignored the charges. Before a final judgment could be entered in May 2009, our superiors ordered us to dismiss the case.

The New Black Panther case was the simplest and most obvious violation of federal law I saw in my Justice Department career. Because of the corrupt nature of the dismissal, statements falsely characterizing the case and, most of all, indefensible orders for the career attorneys not to comply with lawful subpoenas investigating the dismissal, this month I resigned my position as a Department of Justice (DOJ) attorney.”
“Based on my firsthand experiences, I believe the dismissal of the Black Panther case was motivated by a lawless hostility toward equal enforcement of the law. Others still within the department share my assessment. The department abetted wrongdoers and abandoned law-abiding citizens victimized by the New Black Panthers. The dismissal raises serious questions about the department’s enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election.”

https://citizenwells.com/2014/06/09/j-christian-adams-explains-obama-use-of-alinsky-rules-for-radicals-challengers-to-obama-labeled-marginalized-compartmentalized-birthers-impeachment-proponents-made-to-look-crazy/

I have probably spent the greatest amount of time researching relative to reporting on the Seth Rich murder.

I vowed I would not forget it.

We deserve the truth.

There have been a number of FOIA requests for release of information regarding the Seth Rich murder and “investigations.”

I kept looking for a followup on the Judicial Watch request.

Attorney Ty Clevenger has made a number of FOIA requests as well as filing lawsuits and provided updates.

http://lawflog.com/wp-content/uploads/2017/10/2017.09.01-Seth-Rich-FOIA-request.pdf

“Federal lawsuit seeks records about Seth Rich murder”

“This morning I filed a Freedom of Information Act lawsuit that asks a federal judge in Brooklyn to order the FBI and U.S. Department of Justice to release records concerning the murder of former Democratic National Committee employee Seth Rich.

Back in October, I wrote about the U.S. Department of Justice ordering the U.S. Attorney’s Office in D.C. to release records about the murder, but since that time not a single record has been produced.  Around the same time, the FBI refused to search for records in its Washington Field Office, even though that is where the records are most likely to be found.  The lawsuit notes that the FBI has a history of trying to hide records from FOIA requestors and Congress.

I also asked the court to order the National Security Administration to release all of its communications with members of Congress regarding Seth Rich, Julian Assange, and Kim Dotcom, among others.

As you are probably aware, Mr. Rich’s parents filed suit this week against Fox News, producer Malia Zimmerman, and frequent guest Ed Butowsky.  I think that was a serious tactical error.  All of the defendants now have the legal right to subpoena documents and witnesses, and you can be sure they will use that power aggressively.

THE TRANSPARENCY PROJECT

With help from several supporters, I’ve organized The Transparency Project, a nonprofit corporation headquartered in Texas. If you want to support the Seth Rich litigation, you can find out how at Tproject.org. The website is a little primitive, but I plan to update it soon.”

Read more:

http://lawflog.com/?p=1912

The Transparency Project

“The Transparency Project is a nonprofit organization that fights political corruption, particularly in the judiciary and the legal profession. TTP was organized by Ty Clevenger, an attorney who grew tired of watching judges and lawyers get away with things that would send most people to prison.  Ty has forced two federal judges into retirement, triggered a grand jury investigation of the Texas Attorney General (who was subsequently indicted), prompted the indictment and conviction of a corrupt district attorney, and sued bar prosecutors to force them to investigate Hillary Clinton’s lawyers for their roles in destroying email evidence.  TTP intends to purse similar cases.”

Read more:

http://tproject.org/

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

First Thrivent claims experience very frustrating, Claims person offended when I quoted Bible, Obviously did not understand contract, All business problems are management problems

First Thrivent claims experience very frustrating, Claims person offended when I quoted Bible, Obviously did not understand contract, All business problems are management problems

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”…Thrivent v. Acosta Nov. 3, 2017

“Martin Luther may or may not have stated ‘Here I Stand’ but his actions certainly did.”…Citizen Wells

 

From the recent letter I sent to the NC Insurance Commissioner attached:

“Larry Wells brief Bio”

 “I was baptized as an infant in the Lutheran Church, went through catechism class, was an acolyte, joined the church at age 12 and sang in a choir for years. The first time I was self employed in 1985, I took out a disability policy with AAL, Aid Association for Lutherans, a fraternal benefit society licensed to sell insurance in NC. They later became Thrivent. I believed I could trust them then”.

All business problems are management problems.

It is sometimes difficult to have empathy for someone who has caused you pain or problems.

It is easier however, with the passage of time, and proper reflection and sympathy to do so.

So it is with the Thrivent claims person I spoke to in 2002.

Thrivent, misrepresenting the contract, used “unable to work” on claims forms and in their conversations instead of the contract dictated unable to perform regular occupation.

I had numerous communications regarding this massive error and they were extremely frustrating, especially in the context of much pain and trying to take care of my essential responsibilities.

It was not only frustrating but surreal like being in Alice in Wonderland.

I referred to the forms as sleazy (trying not to use words like incompetent or evil) and according to the transcripts I obtained, used 3 different bible verses.

She was offended by my quoting the bible.

I quote the bible regularly.

Here are 2 of my favorites:

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

“And Jesus went into the temple of God, and cast out all them that sold and bought in the temple, and overthrew the tables of the moneychangers, and the seats of them that sold doves,

And said unto them, It is written, My house shall be called the house of prayer; but ye have made it a den of thieves.”…Matthew 21:12-13

I was obviously influenced by Martin Luther.

“In fact, Luther says this is the most important reason to read and study the Catechism, because it grants the Holy Spirit, who brings us to faith in Christ and drives away the devil. Indeed, “for this reason alone you ought gladly to read, speak, think, and use these things, even if you had no other profit and fruit from them than driving away the devil and evil thoughts by doing so. For he cannot hear or endure God’s Word… Yes indeed, it is the power of God that gives the devil burning pain and strengthens, comforts, and helps us beyond measure.”[10] Read, repeat, meditate. Learn it by rote, so as to learn it by heart. Then you can take it with you to your deathbed and beyond.”

https://lutheranreformation.org/history/large-small-catechisms-dr-luther/

The poor lady was becoming almost as frustrated as I was. I truly believe she did not understand the contract nor how the claim forms were affecting me.

ALL PROBLEMS ARE MANAGEMENT PROBLEMS.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

 

 

 

 

 

 

 

Thrivent incompetence misrepresentation fraud, My first claims experience not unique, Thrivent touts core Christian values and beneficial dispute resolution, Wolf in sheep’s clothing directed by Devil’s Advocates

Thrivent incompetence misrepresentation fraud, My first claims experience not unique, Thrivent touts core Christian values and beneficial dispute resolution, Wolf in sheep’s clothing directed by Devil’s Advocates

“The MDRP is the sole means for presenting and resolving grievances, complaints, or disputes between Members, insureds, certificate owners or beneficiaries and Thrivent or Thrivent’s directors, officers, agents and employees. The MDRP reflects Thrivent’s Christian belief system and strives to preserve Members’ fraternal relationship.”…Thrivent vs Perez Sept. 29, 2016

“pre-dispute mandatory arbitration provisions are inappropriate in insurance policies and incompatible with the legal duties insurers owe policyholders when handling their claims.”…NAIC, National Association of Insurance Commissioners, August 15, 2016

“Beware of false prophets, which come to you in sheep’s clothing, but inwardly they are ravening wolves.”…Matthew 7:15

 

From my recent letter to Mike Causey, NC Insurance Commissioner:

“My first claims experience with AAL/Thrivent was 2001-2003. It was an eye opening experience. This was never intended to be a large claim or “war.” I did experience a series of incompetence, misrepresentation, adversarial responses and a great deal of frustration. I even learned later, after requesting conversation transcripts, that I had been slandered and libeled. This earlier experience, put aside because it was not a war, not life devastating, is resurrected in the context of being a pattern and not appropriately handled by the Insurance Commission in 2003.”

From Thrivent v. Acosta Nov. 3, 2017.

“Thrivent contends that its commitment to individual arbitration is ‘”important to the membership because it reflects Thrivent’s Christian Common Bond, helps preserve members’ fraternal relationships, and avoids protracted and adversarial litigation that could undermine Thrivent’s core mission.’”

They have avoided adversarial litigation and replaced it with adversarial claims processes and dispute resolution controlled by their Devil’s Advocates. This has benefited Thrivent.

Here is a summary of what transpired from 2001-2003.

  • My knee went out early in 2001 (old football injury). My profession, computer consulting required much walking through warehouses and offices.
  • I was diagnosed on 6/18/01 with “severe osteoarthritis with progressively increasing pain and lack of function.”
  • Knee replacement surgery was scheduled for 12/17/01.
  • The local Thrivent rep urged me to file a claim. I did so. It was the right decision and the impact on my life was more significant than I expected.
  • My policy states that total disability is a disability that prevents one from performing their regular occupation. Clearly the date should fall between 6/18/01 and 12/17/01. I was unable to perform my regular occupation prior to surgery.
  • The doctor filled out a claims form and indicated 12/17/01 as the date of disability. The date of surgery. Why? Because Thrivent used the terminology “Unable to work” instead of the contract language.
  • I had a phone conversation with Thrivent claims, the beginning of a series of insane dialogues with people who were not listening about the disability.
  • It is important to note that I was in much pain before, during and after surgery, unable to work and dealing with other life stresses. This is an elephant in the room of insurance claims.
  • I received a letter from Ann Weyenberg of Thrivent dated 12/7/01 which states the correct contract language and reminds me to review the contract. Apparently I was the only one doing so.
  • I was in the hospital 5 days. My surgeon said my knee was the worst he had seen.
  • On 12/26/01, from a transcript I later obtained, Dave Burnette, the local rep, speaking to claims rep Jen Schroeder, uses the phrase “unable to work” instead of the proper contract language. Incompetence/misrepresentation is widespread.
  • On 2/4/02 I had a conversation with claims rep Sandy Kruse. I referred to the claims form as a disgrace and the process sleazy. She obviously was trained to respond in a certain manner and had no clue about the contract. I later learned that she and Dave Burnette slandered and libeled me.
  • I went round and round going back and forth between the claims people and the doctor getting nowhere but frustrated. There was a 3 month waiting period in the contract before benefits would kick in. I later learned there is more to that story and that is why they put so much effort into controlling the disability date.
  • In 2003, on the recommendation of an attorney, I filed a complaint with the NC Insurance Commission. From my recent letter to the commissioner: “The first complaint I filed with the NC Insurance Commission was a travesty. Apparently no investigation was performed, no one requested more info from me and the word of Thrivent was taken as Gospel. I believe this has empowered them to believe they are untouchable.”
  • This matter was put aside until I had a more serious claim with Thrivent.
  • I had a more serious claim in 2009. The first encounter is fully documented and presented again to the NC Insurance Commission. One of the discoveries: Thrivent corrected the claim form to reflect the wording of the contract.

Below is some of the documentation.

“Thrivent letter December 7, 2001, Ann Weyenberg.

A disability prevents performing regular occupation.

And  I am reminded to review the contract.

 

Claim form filled out by Dr. Aluisio (smoking gun).

  1. Notice, there is no date of disability per the contract language, the date unable to perform regular occupation.
  2. Date patient became medically unable to work does not match the contract and is a Social Security definition.
  3. Notice below that “Is patient medically able to return to the above noted occupation?”. Now they use contract language.
  4. Notice part-time checked.
  5. “Do you feel the patient is medically able to perform another occupation?” No checked.
  6. Under Current limitations / restrictions: Standing and walking checked. The doctor and Thrivent had been notified that walking was an integral part of my profession.

Furthermore, the diagnosis from June 18, 2001 revealed a funtional loss and pain.

Clearly the date of disability should have at least been somewhere between 6/19/01 and prior to surgery on 12/17/01.

I had several conversations with Thrivent personnel about the wording, each time I was ignored. Apparently the worker bees had no concept of the contract and probably believed that “unable to work” was perfectly acceptable. Management and legal staff should know better.

On February 4, 2002 I had a lengthy conversation with Sandy Kruse. She appeared confused when I requested clarification of the term “earned income.” She had no concept of what I was talking about. I was still in pain and frustrated with Thrivent’s attitude. I called form DL259, that the doctor filled out a disgrace and the process as sleazy. Incompetent and/or evil are probably more appropriate.

After going round and round with Thrivent and getting nowhere, an attorney suggested I file a complaint with the NC Insurance Commission. I did so.

NC Insurance Commission complaint.

“An attorney advised me to file a complaint with the NC Insurance Commission. I did so on September 24, 2003.”

“After the so called investigation, the Commission responded.

As you can see, they take Thrivent’s word and do no real investigation. They did not contact me with questions or for more input.

However, it was not a total waste of time.

  • This proves that Thrivent believed they were bound by NC insurance laws.
  • This proves that Thrivent continued their incompetent/fraudulent position of using “unable to work” instead of the contract language and had the gaul to maintain their position with the NC Insurance Commission. Misrepresentation.
  • Finally, Thrivent’s Ann Weyenberg, who wrote the December 7, 2001 letter quoting the contract correctly then, sent the following to the Insurance commission in a letter dated .October 14, 2003.

Ann Weyenberg begins:

“I’d like to explain some provisions of his disability contract:”

Really?

Notice that after “An occupation means the covered person’s regular occupation,” “but work part-time during the first 24 months of total disability.” does not match the contract language or the letter from Ann Weyenberg (see above) dated December 7, 2001.

Thrivent misrepresented the policy to the NC Insurance Commission!

Incompetence or Fraud?”

Read more:

http://eachstorytold.com/2018/07/10/thrivent-disability-claim-denial-complaint-to-nc-insurance-commission-no-investigation-just-echo-of-thrivents-statements-did-prove-thrivent-bound-by-law-and-their-misrepresentation/

 

In a letter dated August 14, 2004, Dr. Aluisio states why he used the date of surgery as the disability date.

It is obviously not the definition used in the policy. It is, as shown above, what Thrivent used on the claim form.

I do not know when Thrivent corrected the claim form, but if you retrieve one online now, this is what you see.

Date patient became medically unable to perform activities listed above (mm/dd/yyy)“, which is correct replaces “unable to work”.

http://eachstorytold.com/2018/07/22/thrivent-disability-claim-denial-my-first-experience-part-4-thrivent-claim-form-doctor-forced-to-use-definition-provided-by-thrivent-unable-to-work-instead-of-contract-unable-to-perform-regul/