Free Speech and Consequences

"Phil Robertson should not have been punished by A&E."

So, in America you are supposed to be free to speak your mind.  You are supposed to have the "Freedom of Speech."  Our founders found it so important that they put in our Bill of Rights, right in the top spot.  In short, it says,

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Now, this does not mean you can run into a crowded theater and yell, "Fire!"  Nor, do I believe it means you can say things that offend your boss, and not get fired or suspended.  So, here the question is, whether or not the marketplace accepts this kind of speech as acceptable?  Moreover, should it be acceptable?  Clearly, "Duck Dynasty" has a fan base, and plenty of supporters from those who would use the Bible to demean others.  Sadly, we still live in an age where homosexuality is viewed at as a sinful choice, rather than something you are born as or not.

"Mr. Robertson, was only stating what the Bible says…"

Really?  To me this comes off as 'cafeteria christianity' wherein you just pick and choose which 'parts' of the Bible you exploit, at any particular moment.  I mean, first to say that just because the Bible says it, it is good public policy, and acceptable behavior is simply old headed thought.  The Bible was written thousands of years ago, for people thousands of years ago.  The no pork rule was for a time when an improperly cooked pork chop could kill you!  Shrimp and lobster too, were banned simple because they were dangerous to consume if under-cooked.

The Bible also supports slavery, the outright ownership of one man or woman of another!  It also says it is sinful to work on the sabbath, not leave the corners of your field for the strange or weird, and literally hundreds of other arcane rules that no longer apply to our lives today.  If my brother dies, I DON'T have to take in his wife and kids as my own!  I could go on, but the point is made.

So, at what point should a private employer get to tell you keep your pie hole shut, about your religious choices?  The answer can be found in Title VII of the Civil Rights Act of 1964.  Employers can not fail to hire, or deprive of opportunity, for reasons of race, sex, religion, or national origin an employee.  So, long as the observance of your religion does not interfere with the work setting the acts are protected.  Now, this extension also includes the employers themselves.  They too can practice their religion, so long as they don't require employees to take part.

The law here, it would seem, resides with the Robertsons.  Having and expressing arcane religious beliefs is no reason for termination or suspension from an employer, period.

Website Malfunctions

"The Obamacare site doesn't work."

So, who's fault is this?  The President has already said the buck stops with him, but I seriously doubt that the President was anywhere near any of that HTML code!  Who was, then???  Did they procure the worst web designers and masters of all time, then instruct them to create a site unable to handle more than 1000 hits per hour?  The question I'd really like answered is what political party do these absolute failures belong to?

It is certainly no secret that Republicans did not like this law, and have done everything in their power, or not, to demean, hinder, or stop the implementation of this law.  It is out of the realm of possibility that "republicans" were responsible for some of the programming within the site?  Where did they get their certification or degrees?  Why do we know absolutely nothing about who actually did the programming???

There are template websites wherein they could have cut and pasted a site together that would function better than what they offered.  That would have been free at any number of .com's I could name.  Instead we paid millions of dollars and got something almost entirely dysfunctional.  Who benefited from the creation of something programmers HAD to know would fail!?  I mean even I preview this blog a time or two before posting it.  I have some notion as to what the results will be when I hit submit.  Those who built this site, in this manner, did so to successfully fulfill a specific mission- to watch government fail.

So, who was it?  Will we ever know?  Can we use the Freedom of Information Act to find out?  I wish there were more answers here than questions, but one thing is certain.  The website had massive defects, that its creators knew about.  Republicans had the most to benefit from, with its failure, and if I were an investigator, they are the first place I'd begin looking for suspects.

ANOTHER CRISIS AVERTED

"We won, we got mandatory income verification, before benefits allocation!"

On this side of the fence, that 'win' the GOP is now touting cost the billions in economic losses.  Markets like steady governments that operate effectively, mail out checks on time, and so on.  This Congress, elected through gerrymandering and disproportionate re-districting, has been a wall of inaction.  They voted in scores to repeal something they knew the President agree to, and now they took us to the last minutes of an actual default, all for a hurdle for government relief??

I honestly believe Senator McConnell's, "The single most important thing we want to achieve is for President Obama to be a one-term president."

I believe because they did get that, they have decided to just do nothing, and be an absolute hindrance to any progress whatsoever.  Some have used the term 'Do Nothing Congress,' but I think they have moved toward destructive ends, with malice and intent to hinder.  Why, what is the goal here?  Anything I offered here would be pure speculation, so I won't delve.

But I do have question and accusations.  What is the goal of those who think government is not the solution, but to make sure that government CAN'T be or act otherwise!?  If a program needs $10 billion, and you fund it at $3 billion, should anyone be surprised that the program doesn't deliver as promised!?

What if half our government wasn't bent on its incapacitation?

Imagine what we could achieve...

Re-Open Affordable Care Act Negotiations

"We want to negotiate, but Democrats refuse."

As a progressive liberal, I wanted Universal Health Care, a single-payer system everyone gets covered, period.  I believe heath care, or rather 'the right to life,' should be a right, and not just a privilege for the super rich.  We didn't get Universal coverage.  In lou of that, I wanted a strong public option, and this too we gave up in concessions.

NOW, conservatives are wanting to negotiate, with our government at a stand still?  So, let's put Universal Health Care back up?  Or how about fully funded municipal co-ops, wherein county hospitals offer coverage with federal financial backing in emergency or catastrophic situations.  Let's do something, anything!  If they don't like this version, let's sincerely improve it!

I say we 'give up this private health care mandate,' and instead demand Universal Health Care, then 'settle' for a strong public option.

If republicans really want to negotiate, I say let's go for it!  Let's start making demands of our own, and let's begin by offering up the private insurance mandate.  How was that a liberal idea anyway!?

Medicaid, Medicare, and the Affordable Health Care Act

"We should defund Obamacare."

If we truly care about caring for those who can't care for themselves, America would fully fund the expansion of medical social services.  There are right now millions of Americans being denied medical attention, and the care that they eventually seek is the most expensive possible, at the ER.  It is costing us too much now not to do more.

I was disabled after a drunk driver decided I didn't need to play basketball anymore.  After a spinal cord injury to C-4,5, and 6, I am now a quadriplegic confined to a wheelchair.  Because I technically worked, and payed into social security before my accident, I qualified for Social Security Disability. In Texas, this means I qualify for Medicaid- Full Medical, One Eye Visit a year, and 3 prescriptions a month.  That's cool, I can get by.

Recently, my Dad was diagnosed with cancer, and was so diminished physically that he to now qualified for this same Disability Program.  Concurrently, I now qualified for another benefits program, as a survivor or beneficiary of someone who is disabled, which means $75 more each month.  This had a negative effect on my status in the Texas system.  I was simply no longer qualified for the Medicaid program, but I could re-apply.  This process takes from between 30-45 days, AND the program I am applying for doesn't cover prescriptions or eye exams, both of which I utilize.  The 'good' news that in November of 2014 I qualify for Medicare, which costs $100, and only covers 80% and no prescriptions.  As of July 31st I am without coverage of any kind...all because my Dad got cancer.  (*ETA:  I just found out that I qualify for another program that will return me to my original coverage, but now I have to re-apply every year, and failing to do so in a timely manner could again endanger my coverage.)

We've got a great system!  Unfortunately, I find myself in a crack.  The Affordable Health Care Act is intended to have states expand Medicaid and fill in these cracks, but MY Congressman, Mac Thornberry voted some 40 times to abolish it.  My next door neighbor, newly elected to the Texas State Legislature winner of the Most Conservative  Republican, Drew Springer, has not responded in a manner that leads me to believe he cares about amending things either.

In places where the Act is being used, rates are falling, people are getting rebate checks back, and more claims are being paid out.  It is all because there are now more people's premiums going into the kitty, and the AHCA forces health insurance companies to pay out 80% in claims.  Among others changes, it also  forces companies to cover pre-existing conditions, which means terminally ill-patients won't show up at ER's for treatment.

If republicans are pro-life, why aren't they pro-health care?

When Nationwide is NOT on My Side

"Please be advised I will not be accepting your last settlement offer to settle your bodily injury claim at $30,000.00. -Nationwide"

Here's my "insurance settlement narrative letter"...NOT "a better liberal argument."  :)

      07-12-13

Nationwide

One Nationwide Plaza
Columbus, Ohio 43215-2220

ATTENTION:  Claims Department, Claim # XXXXXXXX

To Whom it May Concern:

On April 22, 2013, my body and my life took a big hit and a meaningful setback.  *Driver's Name*omit* error cost me months of pain and a loss of my personal independence.  

At impact the airbag deployed, striking my inner right shoulder, as I was attempting to brake, so it took the full force of the airbag deployment.  The immediate result was a numbness and a ringing in my ears, as though I had just been near an explosion.  When the EMT's arrived, I was still numb and my ears were ringing, but I didn't feel as though I had a concussion.  Having played contact sports in high school, I was no stranger to that state.  My immediate worry was that I had another spinal cord injury, but after closely checking all my motor skills, I surmised I was fine, after all, there was no blood.  My first mistake was refusing to go to the ER with the medics.

Home was only about 15 minutes away, and when I arrived there I did as I would normally do.  I started cooking dinner after washing up.  About half way through my preparations, I began to feel really sore, as the numbness wore off.  I took a couple of ibuprofen, ate, and then went to bed.  When I woke up the next day I felt like I had played the longest hardest football game of my life.  I made an immediate appointment to see my general practitioner, who was out for the day, so I  saw one of her colleagues.  At this point it hurt to move both my head and arms.  She wanted to inject me with steroids, but I suffer an ocular condition that causes my retinas to leak if I am administered them, so I elected for a "Toredol" shot, which she assured me would have similar restorative properties.  She instructed me not to use it, continue taking ibuprofen, and ice and compress it when possible.

Last semester, I took an Injuries: Care & Prevention class, and I made an "A,"  I also logged 6+ years of varsity team sports through out my life.  Not including my spinal cord injury, this one has been the hardest to rehab.  When you twist an ankle, you simply use crutches.  When you break a collar bone, you wear some sort of suspension apparatus, and you don't use it; injure your hand, and you get a splint.  Each one of these are intended to immobilize and rest the afflicted area.  In most cases, bracing is available and thusly utilized.  This injury offered no such remedy.  In order to 'properly' care for this injury, in my opinion, I should have been checked into a rehab facility and had someone else lift me in and out of my chair.  I should have had my arm in a sling, and done no weight bearing for a minimum of 4 weeks.  Given I was in the last weeks of a full schedule of criminal justice studies, wherein I had all "A's," checking into a hospital was just not a viable option.  

Instead, I employed as medically instructed, over the counter anti-inflammatories, clinically administered non-steroidal injections, sliding boards (a loading aid), help from my partner, ice packs, and an ace bandage.  One month to the day of the accident, my regular physician and I decided to take drastic measures and inject steroids directly into the joint.  This posed a hazard to the joint itself and my very eyesight.  We decided to do so because other options were even more dramatic and evasive.  The NP employed 3 syringes each containing about 10 cc of Cortisone.  These injections were intended to both damage the tissue and inject medicine to induce healing.  

I went to bed that night feeling little to no pain, unless I utilized my right arm.  I awoke the following morning feeling like I had a new shoulder.  I rolled over and up, reached for my chair, and it may have been because it was still dark or my chair may have been on top of a pair of jeans, but my chair began to tip and as soon as I tried to catch myself and put weight on my shoulder…it was like there was nothing there.  It could hold no weight what so ever.  I fell straight to the floor as the full weight of my body crushed my twisted left foot beneath me.  My ankle popped and I rolled backwards and off of it.  I slowly dragged myself to the living room and did my best to roll up and unto the couch. There I received help to ice my ankle, that was now beginning to swell.  I eventually summoned the strength and went to the ER, had it x-rayed, and they sent me home with an Unna-boot treatment and a new ace bandage.  It was just severely sprained not broken.

Transferring was now however more difficult than ever.  Not only would my shoulder hold little to none of my weight, buy my left ankle was also recoiling from any pressure or weight bearing.  I took the next few weeks and stayed completely away from any undue transfers except for my transportation to and from physical therapy.  I neglected my grape vines, social outings, and other outside duties as my world shrank to the size of a small 4 room apartment.  The month of June was mostly spent icing both my ankle and my shoulder and going nowhere.

The month of July has seen new feats of both strength and range of motion.  No more do I wake up aching. I can do most of my transfers now, independently and sans any load aiding devices.  The only pain I encounter is when I try to reach straight up, or if I tried to get from the ground directly into my wheelchair.  Feeling like my final healing was at hand and my therapy was drawing to a close, I offered to settle my personal injuries portion alongside my property damages claim.  I sought to offer what I found to be an industry standard of 3X the medical costs incurred up to July 1st, but this offer was initially rejected before I eventually rescinded it.  

After another week of what I deemed successful therapy, and feeling almost entirely pain free, on July 12, I attempted to return to my normal gardening activities.  So, I went outside and tried to hoe a few weeds from around my peppers, when my shoulder began to ache tremendously, so much so that I had to stop the activity within a minute or so.  I've noted that I am in a wheelchair, but I may not have said where my paralysis starts?  Just at my pectoral region I have no muscle control below there, so I sort of sit atop a jelly stump.  Before my accident I was right handed, but since the paralysis now affects it, I use my right hand to 'hold me up.'  No sooner than I took 4 or 5 good swings with my left hoe hand, that my brace acting right handed shoulder began to hurt.  It was the jarring impacts that I was just not yet ready for… 

This letter is intended to provide Nationwide with a clear understanding of exactly what kind of injury I received, the treatments I have had administered, and the effect this event has had on my life and my body.  While I have improved with therapy, what I fear is that my shoulder joint itself may never be as impact resistant or wear tolerant as it once was.  

When I began preparing my settlement offer, I looked to the Internet for guidance and direction as to how to affix a value to one's pains and suffering.  There were of course no hard and set in stone rules or clear guidelines for specific injuries.  Settlement offers can range from 2X to 6X medical damages, but do any of these reflect actual damage to specific people's lives or bodies?  The maximum amount Nationwide is required by your policy holder's limits to pay is $30,000.  If a starting NFL quarterback was hit like this, would a mere $30,000 come anywhere near covering the loss of his livelihood?  Is that hypothetical shoulder more or less valuable than my own now?

Imagine, if you could possibly, having no use of your legs, and then sustaining an impact injury to half of your remaining operative limbs?  I can not begin to tell you how arduous the path back to personal independence was after my accident back in 1994.  Losing it again now, even if only for a matter of weeks, is a burden I wish for no one, but it seems to me almost obtuse to try to affix a cash value to these sincere losses.  Do you know what it is like to be stuck on the floor for hours…waiting for help or assistance to arrive?  Have you ever been limited to a room or a house for weeks without the ability to move about pain free?  What is that worth in dollars and cents per hour or per day, and is it the same for everyone?  

This accident has cost me greatly.  I lost the one thing I invested everything in, and my body itself suffered periods where I was unable to function independently, safely.  I am even now, unable to return to my normal daily functions without pain, some two and a half months after the accident.  What is this 'worth' in actual cash value, generally or specifically speaking?  

To be honest, I don't believe Nationwide is in business to fully appreciate people's losses, and return them or their property to pre-accident levels.  I think it is more likely that you act on behalf of your shareholders and their bottom line.  With both of those notions in mind, I'd like to request, nah demand, that Nationwide ignore these 2X or 6X medical bills industry standards that clearly don't apply to my specific damages, and award me the maximum limit (*$30,000) within *Driver's Name*omit* policy in an effort to see me as a person who suffered truly incalculable losses of liberty and freedom as well as both great pain and suffering.  While $30,000 isn't in any way 'equal' to my losses, it would serve as an attempt to give me back a portion of what I lost, that is so precious to me…the sheer ability to get out and live life.  Moreover, my therapeutic needs may well extend beyond the $10,000 in PIP my policy offers, then what?  My Medicaid coverage does not extend to automobile accidents, so this settlement agreement would help to cover such future needs.

The FACT is that because of your client's actions, my world is now smaller, and I can get out and do less with more pain.  Even though I have gotten better, I may have received damage that I will never fully recover from, nor will I have coverage to pay for future treatments.  I seek an immediate settlement, please respond to this settlement offer within 15 days of receipt of this letter.

Thank You,

XX
---

Their last offer:  $8300.

:(

Stand Your Ground = Might Makes Right

"People have a right to defend themselves with deadly force IF they feel like their life or body is threatened."

The latest trial of George Zimmerman, its results, and the other 16 like cases in Florida where someone shot someone, and were acquitted, herald back to the days of the Wild West.  In these cases justice was dealt out by a single person acting as the judge, jury, and executioner upon an individual who may or may not have presented a real or imagined threat.  The flaw is not within jury findings, but in the law itself.

George Zimmerman killed Trayvon Martin.  Only one version of the how and why it happened came in the form in inconsistent statements to police and investigators.  In a statement George Zimmerman made to Sean Hannity, he said that Trayvon was running away from him...seemingly because he 'feared' George Zimmerman.  So, if Trayvon had attacked George, with the intent to defend HIMSELF, and he had killed George Zimmerman...he'd have been 'right,' or according to Florida Law, completely justified.

The law's flaw is that it provides untrained, paranoid, or even delusional 'personal feelings' to justify the slaying of someone not charged with a crime.  Seemingly, the person who carries the biggest gun, knife, or stick, and has quickest draw wins.  It would seem that the Florida Legislature missed the days of history class when the merits and pitfalls of yesteryear were discussed.  Allowing people to use deadly force to resolve disputes is a step backwards.

I sincerely fear for the citizens of Florida.  You have every reason to fear your fellow Floridian.  I do not recommend you bring Skittles to a gun fight.  Trayvon was right to attack George, but his legal failure was losing the physical battle.  This law endangers the unarmed and the physically diminished, who merely appear threatening, or act in a manner that might frighten the neighborhood gunslinger.

This law is fundamentally flawed and should be abolished.