Category Archives: constitution

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/

 

 

 

 

 

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Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means

Thrivent Financial for Lutherans v. Colin Brock appeal, Thrivent nonpayment of disability benefits, Order denying Thrivent’s motion to confirm arbitration award, Brock alleges fraud corruption or other undue means

“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

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

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

 

From Thrivent Financial for Lutherans v. Colin Brock.

“This interlocutory appeal and original proceeding arise from a dispute between Colin Brock and his insurer, Thrivent Financial for Lutherans (“Thrivent”) over nonpayment of disability benefits, which Brock claims Thrivent owes him under a Thrivent insurance policy.   As required by the policy, the trial court compelled the parties to arbitrate.   Following an evidentiary hearing, the arbitrator denied Brock’s claims.   Thrivent moved the trial court to confirm the arbitration award.   In turn, Brock requested the trial court to vacate the arbitration award on the ground that the award was obtained “by fraud, corruption, or other undue means.”   The trial court signed an order denying Thrivent’s motion to confirm the award, vacating the arbitration award, and directing a rehearing before a new arbitrator.   Thrivent appeals the order and also seeks review by way of a petition for writ of mandamus.   Brock contends that we have no appellate jurisdiction over the interlocutory order and requests that the petition for mandamus be denied.

We dismiss Thrivent’s interlocutory appeal for lack of jurisdiction and deny its petition for writ of mandamus.”

https://caselaw.findlaw.com/tx-court-of-appeals/1108836.html

AAL, Aid Association for Lutherans, implemented a change to their contracts, retroactively in 1999, to impose mandatory dispute resolution consisting of Appeal, Mediation and Arbitration in lieu of litigation. Their member dispute resolution program is referred to as MDRP. They claim, and many courts have upheld that they could implement and enforce the change retroactively due to their fraternal status. This has not been challenged in all states and since the states differ on how insurance entities are treated, this is still an open question.

The embracing of mandatory arbitration has become widespread in consumer and employment contracts. This has led to a huge impact on our day in court and given companies much power to control outcomes and continue unsavory practices, harmful to consumers.

This is not just a Thrivent problem or insurance problem, it is a problem affecting the daily lives of all Americans. Thrivent’s practice of using their special status is particularly unjust and alarming and runs contrary to their platitudes touted in company policies.

Thrivent v. Brock revelations and questions.
  • Brock alleges: “the award was obtained ‘by fraud, corruption, or other undue means.’”  We have no way of knowing because the MDRP, culminating in arbitration, was held behind closed doors, out of the light of day of a courtroom.
  • Brock had taken the arbitration decision to trial court and next the appeals court. How much were the legal fees?
  • Thrivent has a large legal staff and engages outside legal firms who specialize in disability cases.
  • How much time elapsed from the first disability claim to the appeals court decision and probable redo of arbitration?
  • What happened next? Arbitration? What was the outcome.
  • What is Colin Brock’s disability? Is it life threatening or painful? Is Mr. Brock getting adequate treatment?
  • Was Mr. Brock able to pay his bills? Feed a family?
  • How has the MDRP process helped Mr. Brock? Did he experience the blessings of the Christian beliefs touted by Thrivent?
  • How many Thrivent members drop out of this MDRP process for various reasons such as too engulfed in pain and stress or discouraged by improper Thrivent procedures and attitudes? Mr. George Tiedemann went through the process for 2 years and dropped out. He was 83.
  • How many Thrivent members were shocked to find out that the policy they took out years earlier, had been modified without their consent or signature?
  • How many Thrivent members sought legal representation to no avail because many attorneys will not touch a case with mandated arbitration?

 

“Thrivent’s Christian Calling

Thrivent’s Lutheran heritage of answering God’s call has led to a strong membership-owned organization that now welcomes Christians seeking to live out their faith.

Fraternal benefit societies have a common bond among members. Thrivent’s common bond is Christianity. We embrace the core Christian beliefs as articulated in the Apostles’ Creed as follows:

I believe in God, the Father almighty, maker of heaven and earth.
I believe in Jesus Christ, his only Son, our Lord, who was conceived by the Holy Spirit, born of the virgin Mary, suffered under Pontius Pilate, was crucified, died, and was buried. He descended into hell. The third day he rose again from the dead. He ascended into heaven and is seated at the right hand of God the Father almighty. From there he will come to judge the living and the dead.
I believe in the Holy Spirit, the holy Christian Church, the communion of saints, the forgiveness of sins, the resurrection of the body, and the life everlasting.

If you share these beliefs, we invite you to join other Thrivent members called to pursue a life of generosity and wisdom with money.”

https://www.thrivent.com/about-us/files/28023.pdf

Here I stand.

 

More here:

https://citizenwells.com/

http://citizenwells.net/

Declaration of Independence grievance “For depriving us in many cases, of the benefit of Trial by Jury”, July 4, 2018, Forced arbitration depriving us of our day in court

Declaration of Independence grievance “For depriving us in many cases, of the benefit of Trial by Jury”, July 4, 2018, Forced arbitration depriving us of our day in court

“Our Constitution is in actual operation; everything appears to promise that it will last; but nothing in this world is certain but death and taxes.” … Benjamin Franklin

“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

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

July 4, 1776:

“For depriving us in many cases, of the benefit of Trial by Jury”

July 4, 2018:

Forced arbitration is depriving us of our day in court.

From Citizen Wells February 20, 2008.

“Ever since I first read the US Declaration of Independence as a child, I have loved the message, wording and spirit of this incredible declaration. I still have a copy that I framed as a child and I still look upon it with reverence. I especially love the paragraph beginning, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We should treasure these words and the entire document, never take it for granted and reread it as often as possible. My ancestor was a signer of the Tryon Resolves, almost a year before the US declaration. That fact makes the US declaration even more special for me. Here is the US Declaration of Independence:

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”

https://citizenwells.com/2008/02/20/declaration-of-independence-july-4-1776-we-hold-these-truths-to-be-self-evident/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

Thrivent denies 96 year old Elaine Tollefson assisted living help, Paid on policy 26 years, Fine print and appeal panel denial, What happened to spirit of law and Christianity?

Thrivent denies 96 year old Elaine Tollefson assisted living help, Paid on policy 26 years, Fine print and appeal panel denial, What happened to spirit of law and Christianity?

“Since 1999, Thrivent has required that disputes with members related to insurance products be resolved through its Member Dispute Resolution Program (“MDRP”). (See Johnston Decl. ¶ 9.) The MDRP provides for a multi-tiered dispute resolution process, escalating eventually (if necessary) to binding arbitration based on the rules of the American Arbitration Association. (See id., Ex. B at § 11(c).) Of particular relevance to this matter, the MDRP mandates that all mediation or arbitration be individual in nature—representative or class claims of any sort, whether arbitral or judicial, are expressly barred. (See id., Ex. B at § 11(e).) 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

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

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

From the Star Tribune.

“Insurance policy’s fine print trumps 96-year-old’s good faith

On her 96th birthday earlier this month, Elaine Tollefson celebrated with a visit from out-of-town grandkids to her home, an assisted living center in central Nebraska.

But there’s one birthday present she still wants from Minneapolis-based Thrivent Financial: Checks to help defray the cost of that home.

Tollefson has paid the monthly premiums on her long-term care insurance policy for 26 years. In April, Thrivent told Tollefson that she cannot collect any benefits because she did not follow her policy’s protocol of spending three days in the hospital first.

It’s a requirement no longer allowed in Nebraska, but policies that predated that law change are still valid. Like many people with long-term care policies, Tollefson learned the hard way that the help wasn’t there when she needed it.”

“For Tollefson, the insurer was more than just another company. When her husband bought their policies in 1988, he was actively involved in what was then known as Lutheran Brotherhood. Though Thrivent Financial dropped “for Lutherans” from its name earlier this year, it remains a not-for-profit membership organization, despite its Fortune 500 listing and $6.9 billion surplus generated last year. Its motto is “Connecting faith and finances for good.”

After growing up in southwestern Minnesota, Tollefson married a man named Aad (pronounced “odd”), though everyone called him Tolley. He was a chemist who worked on the Manhattan Project and then for DuPont, which transferred him all over the country. The Tollefsons had four daughters and settled in Gothenburg, Neb., a little town on the Platte River.

“I thought if I had to go on long-term care, I would have that insurance, plus my Social Security, that would take care of most everything,” Tollefson said.”

“Aad Tollefson died in 2002, having never made a claim on his policy. His widow went into the hospital for kidney failure in February 2013, but decided to move back home afterward until she could no longer make it work. That moment came in April, when she moved into the Stone Hearth Estates assisted living housing, which costs about $3,400 per month. The long-term care insurance would pay $40 a day, a little over a third of the cost, or so she thought.

But Tollefson did not qualify, because she didn’t go into institutional care within 90 days of her hospital visit.

Her grandchildren contacted her insurance agent and got the bad news. Their appeal to Thrivent’s appeal panel was rejected last month.

“The panel acknowledged your long-term association with Lutheran Brotherhood/Thrivent as well as your determination to stay in your house and remain independent as long as possible,” Thrivent wrote in its denial letter. “Your actions are indeed commendable; however, these actions cannot supersede the contract requirements.”

“Thrivent members look for and expect Thrivent to provide benefits according to the policy,” the company said in its statement to the Star Tribune.”

Read more:

http://www.startribune.com/shiffer-insurance-policy-s-fine-print-trumps-96-year-old-s-good-faith/286465911/?c=y&page=all&prepage=1#continue

Note the following:

  • “Since 1999, Thrivent has required that disputes with members related to insurance products be resolved through its Member Dispute Resolution Program (“MDRP”). Hence no litigation. No day in court. No light of day. Retroactively applies. However, not tested in all state courts.
  • “Thrivent told Tollefson that she cannot collect any benefits because she did not follow her policy’s protocol of spending three days in the hospital first.”
  • “Thrivent members look for and expect Thrivent to provide benefits according to the policy,” Thrivent quoted in article. YES INDEED!

Remember the above, these themes will be revisited.

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

US Supreme Court decision to uphold mandated arbitration further erodes our rights, Our day in court, “deprivation of consumers’ rights to seek redress for losses”

“The road to hell is paved with good intentions.”…Karl Marx

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

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

People around me and online may try to put me in a nice neat box such as Republican.

I do not fit.

What I am is an American who adheres to the US Constitution and rule of law.

I am not against arbitration on principle. Mutually agreed to.

I am against forced, mandated arbitration which strips away one of our basic rights.

Our day in court.

From the New York Times.

“Supreme Court Upholds Workplace Arbitration Contracts Barring Class Actions

The Supreme Court on Monday ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over workplace issues.

The vote was 5 to 4, with the court’s more conservative justices in the majority. The court’s decision could affect some 25 million employment contracts.

Writing for the majority, Justice Neil M. Gorsuch said the court’s conclusion was dictated by a federal law favoring arbitration and the court’s precedents. If workers were allowed to band together to press their claims, he wrote, “the virtues Congress originally saw in arbitration, its speed and simplicity and inexpensiveness, would be shorn away and arbitration would wind up looking like the litigation it was meant to displace.”

Justice Ruth Bader Ginsburg read her dissent from the bench, a sign of profound disagreement. In her written dissent, she called the majority opinion “egregiously wrong.” In her oral statement, she said the upshot of the decision “will be huge under-enforcement of federal and state statutes designed to advance the well being of vulnerable workers.”

Justice Ginsburg called on Congress to address the matter.

Brian T. Fitzpatrick, a law professor at Vanderbilt University who studies arbitrations and class actions, said the ruling was unsurprising in light of earlier Supreme Court decisions. Justice Gorsuch, he added, “appears to have put his cards on the table as firmly in favor of allowing class actions to be stamped out through arbitration agreements.”

As a result, Professor Fitzpatrick said “it is only a matter of time until the most powerful device to hold corporations accountable for their misdeeds is lost altogether.””

“Under those contracts, Justice Ginsburg wrote, it is often not worth it and potentially dangerous to pursue small claims individually. “By joining hands in litigation, workers can spread the costs of litigation and reduce the risk of employer retaliation,” she wrote.

The contracts may also encourage misconduct, Justice Ginsburg wrote.

“Employers, aware that employees will be disinclined to pursue small-value claims when confined to proceeding one-by-one, will no doubt perceive that the cost-benefit balance of underpaying workers tips heavily in favor of skirting legal obligations,” she wrote, adding that billions of dollars in underpaid wages are at issue.

Justice Ginsburg added that requiring individual arbitrations can produce inconsistent results in similar cases, particularly because arbitrations are often confidential.”

“In a 2015 dissent, Justice Ginsburg, citing a New York Times article examining arbitration agreements, wrote that the 2011 decision and later ones “have predictably resulted in the deprivation of consumers’ rights to seek redress for losses, and, turning the coin, they have insulated powerful economic interests from liability for violations of consumer protection laws.””

Read more:

https://www.nytimes.com/2018/05/21/business/supreme-court-upholds-workplace-arbitration-contracts.html

Having experienced the abuse of mandated arbitration first hand, I agree with Justice Ginsburg.

It may be the only time it happens, but injustice is injustice.

 

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https://citizenwells.com/

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Forced arbitration the hidden enemy that has eroded our basic right for our day in court, Mandated dispute resolution impact, NY Times: Stacking the deck of justice

Forced arbitration the hidden enemy that has eroded our basic right for our day in court, Mandated dispute resolution impact, NY Times: Stacking the deck of justice

“The road to hell is paved with good intentions.”…Karl Marx

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

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

Citizen Wells was begun early in 2008 to write about injustice.

Because of an injustice that has been done to me, I have done extensive research on mandatory dispute resolution which increasingly is being forced upon us. It typically involves a process of appeal, mediation and binding arbitration.

The US Supreme court has further strengthened the hold it has on us in employee and employer disputes in a recent decision.

We have all been concerned about our Bill of Rights, especially First and Second Amendment rights.

But our day in court is also important and it has been eroded little by little in most of the contracts that affect our daily life from consumer phone contracts and employment contracts to insurance contracts.

We can no longer assume that if a contract we have with a company is breached that we can just take them to court. And the companies (wolves in sheep’s clothing) control much of the process.

From the NY Times October 31, 2015.

“Arbitration Everywhere, Stacking the Deck of Justice”

“On Page 5 of a credit card contract used by American Express, beneath an explainer on interest rates and late fees, past the details about annual membership, is a clause that most customers probably miss. If cardholders have a problem with their account, American Express explains, the company “may elect to resolve any claim by individual arbitration.”

Those nine words are at the center of a far-reaching power play orchestrated by American corporations, an investigation by The New York Times has found.

By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies like American Express devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices.

Over the last few years, it has become increasingly difficult to apply for a credit card, use a cellphone, get cable or Internet service, or shop online without agreeing to private arbitration. The same applies to getting a job, renting a car or placing a relative in a nursing home.

Among the class actions thrown out because of the clauses was one brought by Time Warner customers over charges they said mysteriously appeared on their bills and another against a travel booking website accused of conspiring to fix hotel prices. A top executive at Goldman Sachs who sued on behalf of bankers claiming sex discrimination was also blocked, as were African-American employees at Taco Bell restaurants who said they were denied promotions, forced to work the worst shifts and subjected to degrading comments.

Some state judges have called the class-action bans a “get out of jail free” card, because it is nearly impossible for one individual to take on a corporation with vast resources.”

“By banning class actions, companies have essentially disabled consumer challenges to practices like predatory lending, wage theft and discrimination, court records show.

“This is among the most profound shifts in our legal history,” William G. Young, a federal judge in Boston who was appointed by President Ronald Reagan, said in an interview. “Ominously, business has a good chance of opting out of the legal system altogether and misbehaving without reproach.”

“More than a decade in the making, the move to block class actions was engineered by a Wall Street-led coalition of credit card companies and retailers, according to interviews with coalition members and court records. Strategizing from law offices on Park Avenue and in Washington, members of the group came up with a plan to insulate themselves from the costly lawsuits. Their work culminated in two Supreme Court rulings, in 2011 and 2013, that enshrined the use of class-action bans in contracts. The decisions drew little attention outside legal circles, even though they upended decades of jurisprudence put in place to protect consumers and employees.”

“Corporations said that class actions were not needed because arbitration enabled individuals to resolve their grievances easily. But court and arbitration records show the opposite has happened: Once blocked from going to court as a group, most people dropped their claims entirely.”

“Law enforcement officials, though, say they have lost an essential tool for uncovering patterns of corporate abuse. In a letter last year to the Consumer Financial Protection Bureau, attorneys general in 16 states warned that “unlawful business practices” could flourish with the proliferation of class-action bans.”

“The consequences of arbitration clauses can be seen far beyond the financial sector. Even lawsuits that would not have been brought by a class have been forced out of the courts, according to the Times investigation. Taking Wall Street’s lead, businesses — including obstetrics practices, private schools and funeral homes — have employed arbitration clauses to shield themselves from liability, interviews and arbitration and court records show.

Thousands of cases brought by single plaintiffs over fraud, wrongful death and rape are now being decided behind closed doors. And the rules of arbitration largely favor companies, which can even steer cases to friendly arbitrators, interviews and records show.”

Read more:

https://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html?_r=0

 

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Kevin Shipp “is an ongoing coup to remove a duly elected President.”, Shipp former CIA Officer and whistleblower, Not seen anything like this since Presidency of John F. Kennedy (JFK)

Kevin Shipp “is an ongoing coup to remove a duly elected President.”, Shipp former CIA Officer and whistleblower, Not seen anything like this since Presidency of John F. Kennedy (JFK)

“I had a Lee Harvey Oswald deja vu moment earlier today.”…Citizen Wells October 2, 2017.

“2. Scientific acoustical evidence establishes a high probability that two gunmen fired at President John F. Kennedy. Other scientific evidence does not preclude the possibility of two gunmen firing at the President. Scientific evidence negates some specific conspiracy allegations.

3. The committee believes, on the basis of the evidence available to it, that President John F. Kennedy was probably assassinated as a result of a conspiracy. The committee is unable to identify the other gunman or the extent of the conspiracy.”…Select Committee on Assassinations in the Assassination of President John F. Kennedy

“People need to understand that the Democrat Party today is not the Democrat Party of John F. Kennedy. The Democrat Party with Barack Obama and Hillary Clinton is more Marxist than anything else.  They think the Constitution should be a ‘progressive’ document.  In other words, the Constitution is outdated and should be redone. “…Kevin Shipp

 

From USA Watchdog.

“Trump is Doing What Kennedy Tried To Do – Kevin Shipp”

“Former CIA Officer and whistleblower Kevin Shipp says what is going on with Donald J. Trump “is an ongoing coup to remove a duly elected President.” Shipp contends, “This is a huge constitutional crisis like the country has never seen before. This makes Watergate look like a Sunday school class.”

On Friday, Shipp and other retired top officials at the CIA, FBI, DOJ and NSA held a press conference and demanded Attorney General Jeff Sessions prosecute top Obama era officials for obvious crimes against the incoming Trump Administration. Shipp says, “We have a coup within our government right now at the senior levels at the CIA, DOJ and the FBI attempting to unseat a duly elected President who was elected by the American people and remove him from office. . . .This is, at worst, treason with senior officials in the shadow government or Deep State . . . to attack Donald Trump and remove him from office. . . . We have not seen anything like this since the Presidency of John F. Kennedy (JFK), when CIA Director Allen Dulles attacked him, and we saw what happened there. . . . There is crystal clear evidence that the CIA was, at least, involved with the cover-up of the JFK assassination.  Now, we have the same thing happening again. . . . Remember what Chuck Schumer said, and it was chilling.  He said, ‘If you cross the intelligence community, they can hit back at you six ways from Sunday.’  That’s what we are seeing now.  It’s collusion or a coup with senior officials at the FBI, DOJ and CIA along with Robert Mueller to unseat an elected president.”

Shipp goes on to explain, “There is essentially a civil war involving parts of senior management and upper parts of our government that is occurring in the United States. It’s between the ‘Dark’ side and the ‘Constitutional’ side.  There has never been anything like this in history.  It is extremely serious, and this is an extremely serious hour for our government and especially for our constitutional freedoms. . . . This essentially is a global criminal cabal that has penetrated into our government and now has senior level officials colluding and, I would argue, conspiring to unseat this president.”

In closing, Shipp says, “People need to understand that the Democrat Party today is not the Democrat Party of John F. Kennedy. The Democrat Party with Barack Obama and Hillary Clinton is more Marxist than anything else.”

Read more:

https://usawatchdog.com/trump-is-doing-what-kennedy-tried-to-do-kevin-shipp/

Hat tip to Zero Hedge.

 

More here:

https://citizenwells.com/

http://citizenwells.net/