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  1. #1

    Default Medical Malpractices by Way of State Mandated Medical Treatment

    My question involves malpractice in the state of: HI

    I've been on state welfare for several years, due to a physical disability. It is long term, ever-lasting, it will never resolve itself nor does it ever get better, it only gets worse. I am in the process of my 2nd round with Social Security Disability, but in the meantime, I am still on State Disability for physical limitations.

    Recently, The State of HI Dept of Health (DHS) made an error, where my benefits were stopped. I filed a complaint, and a fair hearing request to fight it, and they admitting some kind of fault and then rescinded everything, including the suspension, sanction of benefits, and my right to a fair hearing to prove I was indeed disabled (they claimed I wasn't and somehow got better or something). This gets resolved...A few weeks pass, and I'm switched from physical disability to a psych disability and have to go in for a pscyh eval. I am switched to it, but it came with several state mandated requirements. I did follow most of them, but I also became very sick and ill with a new medical diagnosis of diabetes, and had serious health problems and complications. This led to a couple of missed state mandated appointments, as well as other appointments not related. Seems reasonable that I had good reason to miss some appointments, because the medical evidence backs it up. However, the state argued during a recent fair hearing that I made other appointments, while not others. I simply responded with my health came first, not the mandated state requests that do not improve my well-being and health during this time frame.

    Now, here comes the interesting part that I never knew about. I read all the legal preparation, chapters, sub chapters, revisions, and I was the only one in the informal setting who seemed familiar with what was going on, nobody had really read my case until the hearing started, and the tele-conference doctor said he is just now reviewing the medical papers during the hearing procedure (who was working against me). I was given a packet of papers, a briefing, of how the hearing would proceed and with what arguments. There was also a sheet of paper I never saw before. It listed about 4 exceptions to any state mandated medical requirements. One of them had to do with religious beliefs and was non specific. It only said that I am exempt if it is against my religion or beliefs.

    This stood out to me. Not as a loophole, but the fact it was never in anything I was ever given, signed or prepared for. Had I known about this exception the day I was to sign and agree to these state mandated requests, I would have argued religion. And it is not just a way to circumvent. Even though I'm on state aid, I own a 501(c)(3) not for profit charitable organization (a church). I am very serious about religion and it is a touchy subject.

    I was given extra time to make my argument, and I believe I fulfilled and satisfied any and all reasons that would allow me to win my case. The only argument I see is the state could call BS, because I proceeded with treatment anyway, without showing any objection due to religious reasons. My response is simple. I didn't know it was available, and it is a tough decision. Without state aid, I cannot get health benefits, food, or housing.

    So, I had plan to list all my arguments, specific notes I had written from 3 doctors, my hospitalization and others as reasons why I was 3/4 compliant with the state mandated medical treatment. And also argue being on pscyh treatment was literally forced upon me (I couldn't get back on physical) and this information is all a part of my hearing record.

    And lastly, I wanted to argue religion, to at least make a point of it, in the event I lose, and then have to take it to Federal Court of Appeals.

    Should I proceed this way, or just forget about the religious part? I have absolutely no issue with that argument because it is a truthful statement. However, others may see it differently and this has a concern with me and how I should proceed.


    Thank you in advance.

  2. #2
    Join Date
    Jun 2014
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    3,153

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    What is your religions belief on medical treatment? Some religions do not believe in certain medical intervention. If you received treatment for your physical impairments but refused them for your mental impairments. That is not religion. your word alone will not be accepted.

  3. #3

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Thanks, that is an interesting argument and statement I don't want to be handed. Yes, it is against my beliefs and religion and I may use a religious exemption argument going forward but not retroactively.

  4. #4
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    So...you're in HI and not WA? IF you're disabled and on disability how can you possibly have the resources to litigate the whole quit claim deed especially after being out of jail?

    This is all pretty fishy.
    "Where do those stairs go?"
    "They go up!"

  5. #5

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting Mark47n
    View Post
    So...you're in HI and not WA? IF you're disabled and on disability how can you possibly have the resources to litigate the whole quit claim deed especially after being out of jail?

    This is all pretty fishy.
    It won't make sense, because you don't know all the facts. You're merging different topics, making assumptions and drawing a conclusion that paints me in a negative light. Your post is off-topic and relating to other forum posts. You have committed a personal attack against me.

    My question here was answered. My financial abilities does not concern you or this forum. Please stop attacking me.

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
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    377

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    And lastly, I wanted to argue religion, to at least make a point of it, in the event I lose, and then have to take it to Federal Court of Appeals.
    You say it's a State claim, federal courts have no Jurisdiction to hear this. Even for arguments sake it is, U.S. District Court is the first level of a proper remedy, not an Appeals Court.

  7. #7
    Join Date
    Jun 2014
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    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    I hope you have a attorney. If you handle this yourself you could be proving you are not disabled. But, if you are approved for SSI. You cannot receive state cash assistance and SSI in the same month. So if you are owed any back pay for SSI. The amount you received from the state will be deducted from each month you ae owed SSI back pay. If you are only owed SSDI back pay. The state cash assistance will nit be deducted.

    By the way, judges are well aware of the established religions that do not believe in certain medical intervention. You cannot expect a judge to believe medical treatment is against your religion for mental health issues if you receive treatment for physical health issues.

  8. #8
    Join Date
    Sep 2018
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    Ohio
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    377

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    To add to what Grace said, concerning your SSD/SSI claim, then the Federal Court is the next step if the Administrative Law Judge denies your claim, if it goes that far, that is.

  9. #9
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting ajmcello78
    View Post
    It won't make sense, because you don't know all the facts. You're merging different topics, making assumptions and drawing a conclusion that paints me in a negative light. Your post is off-topic and relating to other forum posts. You have committed a personal attack against me.

    My question here was answered. My financial abilities does not concern you or this forum. Please stop attacking me.
    I intentionally cross posted and the details that you provided in your two different posts contradict the plausibility of your posts. You can certainly view what I said as a personal attack but I was really attacking your posts, posts where you now claim that you didn't provide all of the relevant details. For both posts.
    "Where do those stairs go?"
    "They go up!"

  10. #10
    Join Date
    Jun 2014
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    3,153

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    If you are approve for SSDI and/or SSI. you agree to follow prescribed medical treatment. If you are unsuccessful at proving mental health medical treatment is against your religion. Which I am sure you will be. You could lose your disability, if approved. In addition, in order to be approved you must follow prescribed medical treatment.

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