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All emails listed are in order
Letter to Amy Kincaid 2/20/04 8:42 PM I also CC to Ted Swigart the OVRS Director pro-tem
Subject: after our meeting
After our meeting, I found that I am having very bad problems with my computer at home. Because of a flaw in windows98SE that I can not track down I am only able to stay online for a short period of time. I was able to find this PDF showing the earnings of people with my desired certifications.
To see what it is going to cost, you will have to go out to the sites to do pricing.
www.smartcertify.com is one of them and I will try to get more. In addition, you might want to go out to the websites that I got the original quotes from for the study material on the plan that you have in my file.
Also the woman (Sally I think her name was) that was in the meeting. What is her purpose in my rehabilitation plan? Is she here for my benefit? Do you have someone from her department in on all the meetings for all of your clients? Are you intending to have her in all our meetings? Is it going to take two weeks to get a meeting every time we meet because of this woman’s schedule? Why if this is special treatment am I getting it? If I am getting special treatment, don’t you see that you are using this woman’s schedule to again waste my time?
Let us pick up where we left off. It is not my fault that neither Mary Worthington, nor Brad Haller cared to take any notes at our meetings. As to any of my information about things that I have taught myself. I told both of them that I had volunteered as Systems Administrator to S.O.F.I.E the GEAR’s project from mid 94 until mid 96. Are you going to tell me that your personnel not following proper procedure is my fault and I am now going to have to wait because of OVRS incompetence yet again?
I have been trying to get VRD/OVRS to help me get back to work for some 10 years now. This is the third time I have been here. If you sense a little hostility in my countenance, your office has earned it. Last time I went out and started my own business. I took my family on the road to live in motels and later an RV so I could sell advertising space with the Treasure Chest. You mentioned that you did not know if I could do customer service, well selling advertising is one of the worlds most competitive customer service arenas in the world. I was able to make a living (pay for our expenses, our house payment, our car payment and a RV payment while we were on the road for a year). In addition, I went to Roseburg Business School, took computer courses and have old certifications. Now that is in the file. Therefore, you have no reason to assume that I have no customer service skills. Or that I am not able to get up and go to work everyday. Or that I have no experience in the computer field. Frankly Amy all you are doing is stalling and wasting my time yet again.
I demand a new computer, a printer, DSL, with a personal digital assistant (PDA), the Naturally Speaking software and a Sony digital voice recorder. These things are reasonable accommodations to stay in communication with OVRS and to facilitate the implementation of any plan that I might choose to go with.
Sincerely,
Max
P.O. Box
Sutherlin, Or.
Ph. 541-
Email maddmaxx@99west.com
Letter to Amy Kincaid 2/24/04 2:07 PM CC Ted Swigart
Subject: Follow up
Amy
Are you in your office today? could you please respond to my questions. as I stated I can only stay on line for a short time (long enough to check my email). Here is a recap of the questions I need to have answers to:
1. What is her (the woman in the meeting) purpose in my
rehabilitation plan?
2. Is she here for my benefit?
1. if so how does she help me get services.
3. Do you have someone from her department in on all the meetings for
all of your clients?
4. Are you intending to have her in all our meetings?
5. Is it going to take two weeks to get a meeting every time we meet
because of this woman’s schedule?
6. Why if this is special treatment am I getting it?
1. If I am getting special treatment, don’t you see that you
are using this woman’s schedule to again waste my time?
7. Are you going to tell me that your personnel not following proper
procedure is my fault and I am now going to have to wait because
of OVRS incompetence yet again?
Also how long is it going to take to get an answer on my reasonable accommodations (new computer, a printer, DSL, with a personal digital assistant (PDA), the Naturally Speaking software and a Sony digital voice recorder) and if it is going to take very long (tomorrow or the next day) why?
Also it has come to my attention that it is unusual for you Amy to be taking clients (now that we know I am getting special treatment). This is in my best interest so Thank You very much. I found this out from Umqua Valley Disabilities Network (I was there trying to get the loan of the laptop that you said (in the OVRS committee meeting) that was available for VRD clients). It looks like it is not as easy to get to use these resources as you led the committee to believe. I will of course be sending the results of my inquiry with UVDN and any problems I might have to the committee members to show that you were not entirely forthcoming in your testimony before the committee.
Amy if it is not entirely clear to you let me make it so. I do not need a relationship with a vocational counselor. Being that there is no one of proper credentials to counsel in any other way. I see our relationship is now a one way street. I have asked for reasonable accommodations (I need services). As I stated in our meeting (upon review of my recording) I will not under go any more testing or stalling. It is not necessary for me to under go a community assessment. I view this as stalling. As I stated in our meeting I have read the laws regarding OVRS and the ADA and you have been and are in violation of the law. I do not want to litigate. I want reasonable accommodations to be provided to me. I want to go back to work. I have waited long enough. it is time for OVRS to provide reasonable accommodations (services). Just think I could be using the time I am writing this letter to you to be studying for a test. I know we both would be happier if I was.
Sincerely,
Max
This is Ted's Responce.Dated 2/25/04 1:51 PM
Dear Mr. Claunch,
I am in receipt of the email you sent to the Roseburg Office of Vocational
Rehabilitation dated 2/24/04. I have instructed Amy Kinkaid to not respond to
this email. You will be receiving a response from this office.
Upon reading your message, I was concerned and somewhat alarmed by the content
and the tone. I have assigned a staff person to review your file prior to
responding to the various issues you have raised. I hope to have this review
and our follow-up email to you by this Friday or the first of next week at the
latest.
Sincerely,
Ted Swigart
Interim Administrator
I then sent this to Ted Swigart 2/25/04 10:41 PM
Dear Mr. Swigart
To date I have had two staff members insult me. Mary Worthington yelling at me in a meeting "with an attitude like that it is no wonder you can't keep a job" as she stomped out of the meeting. Brad Haller saying, "I must have a little bit of ADHD myself" whenever he would forget something. So if you are alarmed at my tone. It is well earned. For me to have a better tone, that would take some thing like an apology (you know respect, my self-esteem and dignity to be returned to me). Not to mention Amy losing my personal property (the tape of Mary Worthington's insults). I am a reasonable man Ted. However, I came to VRD/OVRS for help and got insults. So you must understand that last time I was nice. With no results. I detest my own actions for I find them crude and obnoxious. But sir this or litigation is all that is left to me. Last time I complained there was no responce. This time I am willing to take all legal means necessary to effect the change to my personal situation. If you can assure me that my grievances and original plan (that I had from day one) will now be acknowledged I will back off until I view your response to this mess. I will give your office until 3-4-04. Nevertheless, I will not allow OVRS to treat another person the way I have been treated. I want change to the system. If these actions stop, I will be happy with the outcome.
As for the content, it is true. All the things that I charge I can prove in court. I have witnesses (to Mary Worthingtons words and actions). As For Brad Haller, I have a witness to him saying that at a meeting. As to how condescending his words and actions were that is evident by my complaints. By the way, I also reported all these things to Peggy Kenerly. She chose to ignore the problem. So I will give anyone outside of the Douglas County branch a chance, but frankly Ted you will pardon my lack of optimism. Therefore, if you find me a little bit hostile and demanding I think it is understandable.
I look forward to your response.
If you or your office has any questions, I will be happy to answer them.
This one is to Amy and Ted 3/3/04 9:33 AM Subject:Community assessment and psyco eval
Dear Amy,
You indicated today that OVRS would like me to do a community based work assessment in order to determine if I can go to work. I would like to know the
following about this proposal:
1. How long would this work assessment be?
2. What exactly would it assess? Please put all the points that you believe need to be assessed to determined if I can go to work.
3. Who would do this assessment? Or what are my options for having this done?
and for the psyco eval:
what services would I require if I allow the eval?
if I am Bi-polar how would that change my plan?
if I am Bi-polar does OVRS intend to send me to SSD to get me off their butts?
if I am Bi-polar is OVRS using this eval to further discriminate against my disability (go back to how it would change my plan, because if a diagnosis of Bi-polar does not significantly change my plan you are using this topic to practice discrimination against me) ?
Also, please consider this a request for my entire file. I would a like information you have on file given to me directly by OVRS. For those items you do not intend to give me directly, please provide me with the rationalization regarding why it is not available to me directly from OVRS. Please provide any relevant codes, statues or administrative regulations either federal or state, etc, that you are relying upon to make your determination regarding my file.
Sincerely,
They Don't call me MaddMaxx for nothing.
To Ted and Amy 3/3/04 2:03 PM Subject: Contact with OVRS staff
Hello Ted and Amy
I will now change back to my former tone and content (because Ted you failed to look into the facts of my case).
Recap:
1. I was insulted by Mary Worthington (complaints filed, tape and testimony of incident by witnesses). Ted, Amy is being sued by my witness (Betsy Cunningham) to this incident because her words got my witness fired from her job over this. The complaint was also filed with DHS director Peggy Kinnerly whom is named in the same case.
2. Mary Worthington discriminated against me. Condescending attitude toward me and conduct from the first time we met (further complaints by others in the meeting about her to you Amy and Joe Miller).
3. OVRS has lost vital evidence to the existent of their liability in my discrimination case (the tape)(think cover-up Ted, do you want to be involved with this potentially career ending situation? Sorry Ted you are now involved, your choice is if you are not going to be the one to fix it, how much do you want of it to get on you).
4. I have been discriminated against because OVRS staff did not act to defend me or regain my trust.
5. I was insulted by Brad Haller (complaints, testimony of incident by witness).
6. I was discriminated against by Brad Haller. Condescending attitude toward me and insults (my witness and myself both complained to you Amy).
7. I have been discriminated against because OVRS staff did not act to defend me or regain my trust yet again.
8. I have not received reasonable accommodations as described in the ADA title II (digital voice recorder. computer, Naturally speaking software, DSL, etc.)
9. I am now and have been discriminated against because OVRS staff will not acknowledge my plan (OVRS does not have the right to disrespect me by ignoring me or my requests like this).
10. I am now being discriminated against because OVRS staff believes I am bi-polar (but cannot explain how that diagnosis would change my plan).
11. I am now being discriminated against because OVRS staff wants to send me to an inappropriate community assessment (will not explain what it will accomplish or what they wish to learn from this).
12. I am now being discriminated against because OVRS staff will not answer my questions (see questions in my earlier emails i.e. am I receiving special treatment).
Let me make this transparent, OVRS has the obligation to regain my trust by answering my questions. If OVRS believes otherwise you must provide the reasonable accommodation of explaining it to me. In a format that I can understand. Not a letter like you sent me Ted. That letter said next to nothing, with as many words as you could use. You need to use the grammar check to make sure that the Flesch Kincaid rating is about 7th grade so that your clients will understand what you are saying (go to www.chadd.org for that information). I am writing to you at about a 10th grade level because I expect you to be able to read at that level. You do not have the right to expect your clients to be able to read at your level.
I wish to have a hearing on these matters so consider this your notice. I will await arrangements from the fair hearing officer as to scheduling. Ted and Amy I will be sending you any other complaints I have as to your service to the People of the Great State of Oregon.
Now the big questions are these:
1. Community assessment
? How long will this assessment last
? Who does OVRS propose to use for this assessment
? What does OVRS intend to learn about me and my abilities by this endeavor
2. Psychological evaluation
? Who does OVRS propose to use for this evaluation
? What does OVRS intend to learn about me
? How is information from this evaluation going to impact my plan
OVRS now has the obligation of working with me to help me to understand why OVRS needs this accommodation to provide me services. If you are going to require me to jump through hoops, you will have to do some jumping to.
I also require OVRSs services to file or find the help I need to file a Federal ADA Title II complaint against OVRS for past and current actions of ADA Title II discrimination. I do not consider the CAPS program to be that assistance for they are impotent having never (in resent history) filed a case in any court against VRD/OVRS.
Well I think that might do it for now. I look forward to your response, much more than you look forward to my next correspondence.
Chat with you tomorrow.
To Ted and Amy 3/3/04 2:22 PM Subject: oops one more thing
Ted and Amy
I will be needing to know exactly what it is that is in my file that makes Amy come to the "Professional Opinion" that my next step needs to be me participating in a Psychological Evaluation and a Community Work Assessment. also why these two steps will need to be taken before OVRS can desperce services. Please cite the law, rule or procedure that she is relying on to make this determination. I think you should be able to get this information to me by tomorrow. if not please do me the courtesy of telling me how long it will take to get this information to me.
To ted and Amy and CC to my tharapist 3/4/04 3:15 AM Subject: Got my file WOW Amy I think has issues with the truth.
Ted and Amy
I just got done looking over my file and I am amazed at the stance that OVRS is taking with me considering the recommendations given by Doug Eckstein. I will be quoting the information in the CONCLUSIONS section of the report, as that is where I understand the recommendations to be.
“Mr. Claunch clearly meets the diagnostic criteria for ADHD, Inattentive Type. By combining the results of the clinical interview with his Conners Adult ADHD Rating Scale it is apparent that he also meets diagnostic criteria for ADHD Hyperactive/Impulsive Type. As such, his most accurate diagnosis would be ADHD, Combined Type.”
At this point, I will say the word would be “ELIGIBLE” for services.
The next paragraph lists all my shortcomings. And ends with a statement “the swings in mood related to this cycle (being able to dream big but not being able to achieve my dreams) are probably sufficient to justify a diagnosis of Bipolar II Disorder.
Notice that he said “probably”. I now direct you to the last paragraph where he states “his current symptomatology is not severe enough to justify a diagnosis of Personality Disorder, Mr. Claunch’s history of oppositional and antisocial behaviors should not be ignored. He will probably do better without close supervision. He will also do better with a supportive versus an authoritative style of relating.”
(Doug please forgive my demeanor in this situation as it has been a long stupid and frustrating fight.)
Well Amy you have blown this recommendation all to hell. Neither you nor any of your staff have the ability to act in a supportive manner (as I have been passed to almost if not all of your staff). You have chosen from the start with Mary Worthington and now you Amy to act in an authoritative manner. Limiting any forward progress toward my plan completion. By not following your responsibilities under this recommendation and only looking at what you, see as my responsibilities. I will go on and show you what your recommended course of action should be in this matter.
“Given his deficits in reading fluency and in writing, emphasis should be placed on using technological enhancements, which he is both interested in and competent with. Voice Recognition software may be very helpful in providing him greater competence in the expressive aspects of his vocational efforts.”
I do not have a degree or anything but what I am hearing Doug saying is that I could be operating with “greater competence in the expressive aspects of his vocational efforts”. With these reasonable accommodations I just might be able to communicate with you and do my job of getting back to work in a timely manner. Wow this stuff is in my plan too. Is not this where we left off. Let us see I needed technological accommodations just to continue to work with VRD. Much less getting the accommodations, I need to get back to work.
I had done everything that was asked of me and when it came time to provide services to me, Brad H. told me that there was no money for my plan. Later (after not getting off track) I brought this up with Francie and was told she could authorize a day planner. This was after VRD/OVRS had Doug’s recommendation to use technology instead of a paper planner. So far, OVRS has shown ineptitude at following the recommendations of Doug when it comes time for you to provide services. This is where we left off last time and it is now time to follow Doug’s Recommendations.
Therefore, I demand the reasonable accommodations that are listed in my plan and supported by Doug Eckstein’s assessment of me before I can be expected to submit to any more of your requests. The list is:
1. A new computer and printer (with ink and paper)
2. Voice recognition software
3. A digital voice recorder (with extra memory card)
4. A PDA
5. DSL @ my house
I will have you notice this list has not gotten longer or shorter from my plan that I submitted in response to Doug’s recommendations. If you look at the elements of my plan and the recommendations of Doug, you will be hard pressed to find a point in my plan that violates his recommendations.
Now on a different note the law states “when case file information has been obtained from another public organization, this information will be released only by that organization “etc.
Doug Eckstein, Pamela Joffe, etc. are not public organizations. You do not understand the law that you are using to limit the files you must provide to me. Not to mention that last time I had a hearing, one of the points was this and Mr. Riesburger was in agreement with Betsy Cunningham’s arguments on the subject. Pat Lawler conceded also and the complete file was provided. You have no right to hold any of my records from me. I do not recognize the file you gave me as complete, so therefor I am disposing of it and now requesting my full and complete file down to the paper clips. I demand my full file, my complete file and nothing but my entire fully complete file. I hope that is clear now.
In addition, Amy Please do not tell me that you are considering using section 1(b) because that would be ludicrous. Just on the language alone you have no authority to make that decision (you would have to be PhD’d up for that).
Frankly Ted, Amy is to incompetent to read the recommendation in such a way as to first acknowledge her own responsibilities in the text (social services 101). She has chosen to use the recommendation in a rigid manner, to see what she can make me do first. This stance is authoritative in nature and not supportive, which is in opposition to Doug’s recommendations. I see that Doug’s recommendation’s would be better served by a stance of providing reasonable accommodations asked for and finding ways to help me achieve my goals rather than providing yet another stumbling block and inflaming my disabilities. Amy is acting as if she does not believe that I am employable at all. If that is the case she needs to tell me that. It is my right to know how her opinion is going to effect my future.
I can see no support being offered to me. Only do this or we will ignore you until you do. That is why I am including Doug in on all the communications dealing with his recommendations. I will insist if there is an action or lack there of. You will consult with him as an outside community resource to me. OVRS will pay Doug anything that it takes to get his opinion on my case and I give Doug free and open access to any and all of my file with out reservation as he sees fit.
I will communicate with OVRS at to further requests
To Ted and Amy 3/4/04 2:59 PM Subject: Computers
Ted and Amy
This email is to ask about the old computers that I saw in Amy's office.
What are you going to do with them?
I have told you that I need a stable computer just to communicate with you. I do mean to be insulting as I wander why someone that has been recommended to take a supportive roll with me has not thought to try to help me in any way with this clearly defined obstacle.
When can I get an answer to these questions.
From: Mariah Forrest 3/4/04 4:12 PM Subject: Hearing Request
Hello Max,
I am the Dispute Resolution Coordinator for the Office of Vocational
Rehabilitation Services. Your e-mail message with a request for a fair
hearing was forwarded to me. Usually we ask for a form to be completed that
gives your identifying information and what your disagreement is with the
Office of Vocational Rehabilitation Services. I have attached the form to
this e-mail for your convenience.
It is possible for me to proceed without a completed Request for a Fair
Hearing, but it makes the process a little more difficult. I need to send
your request on to the Impartial Hearing Officer (IHO), yet I have received no
information directly from you. Your e-mail notice did not include a last
name, address, telephone number, etc. The form would provide the contact
information for you and your signature, as well as your statement of the
disputed issue.
Please send me the completed request form or a statement with the same
information (contact information, information about a representative you may
have, statement of disputed issue, and how you would like the issue resolved).
I am also sending a copy of the form by mail with a return envelope for your
convenience. I look forward to receiving the information requested.
Mariah Forrest
Dispute Resolution Coordinator
DHS-Office of Vocational Rehabilitation Services
*****CONFIDENTIALITY NOTICE********
This e-mail may contain information that is privileged, confidential, or
otherwise exempt from disclosure under applicable law. If you are not the
addressee or it appears from the context or otherwise that you have received
this e-mail in error, please advise me immediately by reply e-mail, keep the
contents confidential, and immediately delete the message and any attachments
from your system.
************************************************
To Mariah Forrest. 3/5/04 7:06 PM Subject: Re: Hearing Request
you are not use to clients citing law, so I will be as polite as possible when I say, you don't know what you are talking about. I have been to a hearing on this matter and the reason that OVRS is supposed to give all the records (including medical) is so that the client will have the same file as the counselor. so that they can be on the proverbial same page. I only tell you this because of the poor training that the State of Oregon has given to you poor folk. but unfortunately it is we poor folk that suffer from the inadaquate training so please read my email and see that what you are use to doing is breaking the law.
To Ted, Amy, Shari and Mariah 3/6/04 1:50 AM Suject:Letter for 3-5-04
Hello again everyone (you can see that there is more people on the list so I will no longer be only talking to Ted and Amy)
Well this is a late issue so I am sorry that you did not get the benefit of my counsel to start your weekend out right.
well it looks like I will be talking about the Client file today (for the benefit Mariah)
you see the file does not belong to OVRS as property but is allowed to be accumulated by the OVRS for client for his benefit and no other. if this were not true. then the OVRS file would not be accessable to the client at all. but you see the law understands that it is not in the best interest of the counselling enviorment to be percieved as being secrative with a client. that is why I feel so hostile to you all. every time I try to move forward with my plan OVRS puts the kybosh on it. OVRS is supposed to be in a supportive roll. not an authoritative one. most LD/ADHD people tend to have communication problems and find the tactics of stall and ignor the client to be where they are getting out. I left 2 times without services because of an elitest attiude that I found with the staff. we are not those people. we are the reason you have a job. if any of you would like some job satisfaction. quit stalling.
if you dont want anymore of these emails you can OPT-OUT <%3Cmailto:myboss@myjob.lie:subject%20I%20quit%3E>
I am only sending these communications to show that I am goal orented and can stay on task. talk to you on monday.
From Mariah Forrest 3/9/04 4:55 PM Subject: Hearing Officer +
Hi Max,
I am still awaiting receipt of your signed "Request for an Impatial Fair
Hearing" form. At this time, the next Impartial Hearing Officer (IHO) in our
rotation is Steve Rissberger. I believe he was assigned as the IHO in a
previous request you had for a hearing. If you object to him handling the
case, you have the option to have the next IHO in the rotation assigned to
your case instead. Please advise me ASAP and remember to send me the request
also. Thank you.
Mariah Forrest
Consumer Support Technician
DHS- Office of Vocational Rehabilitation Services
To Mariah 3/9/04 6:19 PM Subject: Re: Hearing Officer +
I will sign whatever you want. If it is that important I will sign something at the local office if you want.
you can consider this email as a signature for now.
As I am at an impassable summit with the local office you will have to have them contact me for now. I have included you in on all further correspondence with the local OVRS office. I do not expect you to share information or attempt to seek a resolution with the local OVRS staff as you are not the one to do Dispute Resolution. what you see as a small dispute is in reality a deep pool that would take proper training in for you to negotiate. I only say this because last time the Fair Hearings Officer (Patrick Lawler) tried to get involved with Dispute Resolution. He ended up arguing the case against me (doesn't look like your Department has the proper training). I am saying this so that you will not get involved. I will entertain anyone from outside the local OVRS office that is trained and qualified in Dispute Resolution to help me to resolve these matters.
as for Steve Rissberger, I found him competent and motivated to seek resolution on my behalf. so he will be fine.
Thank you.
From: Mariah 3/11/04 3:15 PM Subject: Re: Hearing Officer +
Max,
Thank you for your prompt response. You may complete and sign the form
provided and mail it to me or leave it at the local office. It is important
to have your concern(s) identified so I can pass it on to the Hearing Officer.
As soon as I receive the information, I will assign the hearing officer and
send him the information.
Mariah Forrest
Consumer Support Technician
DHS- Office of Vocational Rehabilitation Services
To: Amy CC to Ted and Shari 3/23/04 9:06 AM Subject Appointment
Thank you for calling Amy.
As I have asked before and will now reiterate. I would like all correspondence to be via email as it is easier for me to stay on track and address any concerns that might arise.
Amy this is to remind you that we will be getting together on Tuesday, March 30, 2004 to discuss my encounters with OVRS staff. This will be at your office at 3 PM.
If this is unacceptable please reply to this email. I will try to accommodate OVRS in any way I can.
To Mariah 3/23/04 3:13 PM Subject Sorry
Mariah
I am sorry. I had completed the form but just not sent it. I honestly thought I had sent it on the 5th. I will get my wife to fax my signature to you first thing in the morning.
Sincerely,
Max
To Mariah 3/25/04 6:30 PM Subject Signature
I need your fax number.
Sorry
To Ted Amy and the rest of the crowd 3/28/04 9:20 PM Subject: well let us now get to my plan
Good morning
“1) Regarding your reasonable accommodation in relation to using email for communication; you do not have a reasonable accommodation in relation to using email for communication. You ability to communicate with OVRS by email is not a requirement or, even a preferred method of communication. If you disagree with this decision, you can contact: Northwest ADA & IT Center”
Well Ted you put it in writing. So my advocate called the Northwest ADA & IT Center. They say that you are wrong. So I now demand:
1. You admit you were wrong.
2. You tell your staff to primarily contact me via email. As email is my preferred form of communication and a reasonable accommodation provided to me under the ADA, (you can carbon copy your apology to me to all OVRS staff state wide if you want I don't mind).
3. You call the Northwest ADA & IT Center and find out the information that we found out.
4. Any of your staff that will be working with clients here in Douglas County to attend the free training that will be sponsored by Citizens Education and Access (CEA). The Northwest ADA & IT Center will conduct the training. I believe that Betsy Cunningham has sent you contact information.
5. OVRS staff start to answer all of my questions today. (see all my emails but start on the list that ends this email)
Ted you and all OVRS staff can consider this as my approval for OVRS staff to transmit my information over the internet via email. if you feel that you would like to waste paper and also mail a copy of your correspondence to me that would be fine as I would like a hard copy.
Now what I would like to know is how you came to the erroneous conclusion that email is not a reasonable accommodation. Ted did you come up with this by yourself or did you contact anyone to get this opinion?
Consider this a formal request to find out how you came to this decision.
I can type. Slow but I can still type faster (and neater) that I can write. The first time I placed my hands on a computer keyboard was in high school. 26 years ago. About 20 years ago I got my first 8088 computer. About 15 years ago I got my first 286 and started to produce a coupon book on it. It is my preferred form of communication. It allows me to focus on the task at hand (getting the services that I am entitled to).
You can consider this a request to change OVRS policy concerning a clients right to communicate with OVRS staff in the way that affords the most comfort and dignity to the client (which is to include email).
Now I will also request one of those computers that is sitting in Amy Kincaid’s office (once again). As the one, that I am working on has problems that I have stated before. I see the use of an old outdated useless computer that OVRS will never use again to be another reasonable accommodation (the restatement of the uselessness of the computer is intentional). Let this serve as a formal request.
You could call it a occupational demonstration, take the computers apart, place all the parts on the table and see if I can build a computer in less than an hour. I would put money on less than 40 minutes.
Now Ted I would like for you to remember that I Carbon Copied every communication to you, that I have sent to OVRS staff. I brought you in on this from the beginning. I have been (and will continue) using every avenue, I could find to change my personal situation and get on with my plan. Putting you in the loop is about to start to pay off. You see Ted if you do not make a change to my personal situation now and help me get my plan started. You will be the one that takes the heat. You are the one that has been making bad decisions that are affecting my life now(the email thing). So now instead of me showing up at a OVRS committee meeting and saying the name of Amy Kincaid. I will also be using your name. Ted you can count on me being at all the meetings that I can personally afford to attend and I will speak of your poor service to the people of the state of Oregon. Unless of course I was unable to do that because I was too busy getting the education I have asked for and preparing to reenter the work force. I will soon start to petition the Governors office and of course I will be dropping names (wonder if you will be able to get another appointment given your poor service).
Ted as I have stated before and will now state again, I have been nice and easy to work with in the past and that was seen as a weakness by the staff of OVRS. I gave you a chance to do something right and you (like the others) passed on the chance. I will now be forcing you to do one of two things. The right thing or the wrong thing. But rest assured the one thing I am now devoted to is seeing that in my case the one thing you will not do is nothing.
Let us put me to the test. Why don’t you see what you can do to help, to see if maybe I change my tone. As I have stated before I loath the coarse discord I am forced to engage in. but you must admit Ted I am getting your attention. Last time everything was swept under the proverbial carpet. I will not let that happen again. If you are not the man to take action in this matter, you are but an obstacle in the path to my stated goal. Let us see if you are capable of doing the right thing and answer this email in a prompt fashion. Ted you got it wrong about the email thing. How many more things am I going to call you on? You see I can not get anything in writing from OVRS staff and I believe the reason why could be that you all know you are not doing your jobs. I ask for what OVRS wishes to accomplish with it’s current practices and demands on my person. I am not given the dignity of an answer. I have asked for answers and I will have those answers.
Mariah this is a test to show you that communication or lack there of is the problem. If a client can not get his questions answered how can he ever trust a counselor to counsel him. If vocational counseling is the true motive of OVRS, then why is it I can not get these questions answered. I have included the date I asked the questions.
2/20/04
I demand a new computer, a printer, DSL, with a personal digital assistant (PDA), the Naturally Speaking software and a Sony digital voice recorder. These things are reasonable accommodations to stay in communication with OVRS and to facilitate the implementation of any plan that I might choose to go with.
3/3/04
1. Community assessment
? How long will this assessment last
? Who does OVRS propose to use for this assessment
? What does OVRS intend to learn about me and my abilities by this endeavor
2. Psychological evaluation
? Who does OVRS propose to use for this evaluation
? What does OVRS intend to learn about me
? How is information from this evaluation going to impact my plan
OVRS now has the obligation of working with me to help me to understand why OVRS needs this accommodation to provide me services. If you are going to require me to jump through hoops, you will have to do some jumping to.
I also require OVRS’s services to file or find the help I need to file a Federal ADA Title II complaint against OVRS for past and current actions of ADA Title II discrimination. I do not consider the CAPS program to be that assistance for they are impotent having never (in resent history) filed a case in any court against VRD/OVRS.
Well I think that might do it for now. I look forward to your response, much more than you look forward to my next correspondence.
3/3/04
1. How long would this work assessment be?
2. What exactly would it assess? Please put all the points that you believe need to be assessed to determined if I can go to work.
3. Who would do this assessment? Or what are my options for having this done?
and for the psycho eval:
what services would I require if I allow the eval?
if I am Bi-polar how would that change my plan?
if I am Bi-polar does OVRS intend to send me to SSD to get me off their butts?
if I am Bi-polar is OVRS using this eval to further discriminate against my disability (go back to how it would change my plan, because if a diagnosis of Bi-polar does not significantly change my plan you are using this topic to practice discrimination against me) ?
3/3/04
I will be needing to know exactly what it is that is in my file that makes Amy come to the "Professional Opinion" that my next step needs to be me participating in a Psychological Evaluation and a Community Work Assessment. also why these two steps will need to be taken before OVRS can disperse services. Please cite the law, rule or procedure that she is relying on to make this determination.
3/4/04
Amy is acting as if she does not believe that I am employable at all. If that is the case she needs to tell me that. It is my right to know how her opinion is going to effect my future.
3/4/04
Ted and Amy
This email is to ask about the old computers that I saw in Amy's office.
What are you going to do with them?
I have told you that I need a stable computer just to communicate with you. I do mean to be insulting as I wander why someone that has been recommended to take a supportive roll with me has not thought to try to help me in any way with this clearly defined obstacle.
When can I get an answer to these questions.
To Ted and Amy 3/29/04 1:14 PM Subject:it is lunch time and where are my answers
Hello Ted and Amy
I am now going to lecture on "DUE PROSSESS" as OVRS does not understand that communication with clients is a right under the law.
If the Government (OVRS) makes a decision about me, I have a right to know some things about that decision:
1. What decision is made.
2. Who is making the decision.
3. What information is used to make the decision.
4. What my options are if I do not agree with the decision.
Ted let us look at your decision to try to side step my request for a reasonable accommodation of email as a communication media.
Ted you communicated your decision to me and what my options were. However you now need to communicate what information you used to make this decision.
Now the reason that I have a right to know what information you used to make the decision goes to credibility.
? Did you just make the decision off the cuff.
? Did you call someone for counsel.
? If so who and why that person.
? Was that person qualified to give counsel.
? Did you call the ADA and IT center.
? If not why would you not seek their counsel.
You see Ted I have a right to expect the Government (OVRS) to hire qualified and creditable people to help me get on with my vocational goals.
Amy these things apply to you as well.
? What is it you hope to learn by the community work assessment
? How long will it last
? Can you learn what you need to know in a reasonable amount of time
? If you believe I am unemployable or can not work with others, why would you think such a thing.
? What information are you using to sustain such a belief.
? Whom have you talked to and what was said about me.
We can apply all these questions to the psych eval.
Well that should do it for your lunch considering I still have not gotten a response. But that is okay I will still keep asking.
To the whole crowd 4/2/04 10:24 AM Subject: This is a test.
I am just testing to make sure that my emails are still being blocked.
I feel like a black man at a Denny's counter.
hope you got the clear implication of discrimination.
To Ted and Patricia Feeny 4/8/04 2:11 AM Subject:patricia could you see that the new OVRS director gets this
Dear Stephaine Parrish Taylor
My name is Max Q. Claunch II and I am a client out of the Douglas County Branch.
I have been working with Ted Swigart on a few things, as he was Interim Director. I do not wish to go into all the details of where we (Ted and I) are to date. I am only asking that Ted and I be allowed to conclude our business. I am only asking this to expedite me getting into my rehabilitation plan. I am just trying to get myself employed as soon as possible. I think you will appreciate my diligence in this matter, as all I want is to avoid another delay. I congratulate you on your promotion and look forward to your insight into how to best serve those that qualify for OVRS services.
Thank you.
Max Q. Claunch II
From Stephaine Taylor 4/8/04 12:30 PM Subject:Re: patricia could you see that the new OVRS director gets this
Mr. Claunch,
Please be assured that Mr. Swigart will continue to work with you to resolve
any concerns you might have.
Stephaine Parrish Taylor
And now the letter that has Ted thinking that I am threatining someone at OVRS.
To Ted, Amy and Shari 4/14/04 1:27 AM Subject:hello ted
Dear Ted
This is a letter to formally complain about the actions of Bret Westwood. While we were at the meeting in Roseburg, either my advocate or I brought up the name of Nancy Paine. To which Mr. Westwood made some disparaging remarks about her professional capabilities. This was very inappropriate and serves no purpose other than to slander Nancy Paine. Mr. Westwood also went on to question the motivation of my advocate Betsy Cunningham. Then repeatedly stated that OVRS services was voluntary. Inviting me to leave without services. This conduct I believe to be a violation of the ADA and discriminatory in nature. Does OVRS make it a habit of reminding clients where the door is? I do not believe that the administration of OVRS responsibilities under the law is well served by this mans actions. He has left the state of Oregon in an arguably actionable position. Does the administration of OVRS stand with Mr. Westwood in his opinion of Nancy Paine? I hope not. In addition, I would like Mr. Westwood to write a report about any conversations that he had with either Amy Kincaid or Shari Eskro. It was apparent by his statements that there was information he was privy to that has not been written down. I resent this. It is not conducive to a trusting relationship.
In addition, I wish to formally complain about Amy Kincaid taking action against me for my complaints at the recent committee meeting held at the Roseburg Holiday Inn Express. I believe she is practicing a personal vendetta against me for my complaints at the meeting and in the Mary Worthington scandal. The vendetta is apparent in the slanderous remarks made by her and Peggy Kinnerly, (Director of DHS in the Roseburg area) about my advocate Betsy Cunningham. Thou before these latest incidents with Amy and myself, it does show signs of bias against me. I am led to question (once again) the competence of Amy. She knows my advocate is suing her for slander, yet she is standing in the way of me getting any services. Her actions stink of discrimination. Weather she is motivated by personal dislike or prejudice for my advocate or me is irrelevant. She is clearly bias against me and should not have any ability to make decisions in my case or with my plan.
Now Ted we come to you. You made a very bad call in denying me email access as a reasonable accommodation. Not only did the Northwest ADA and IT Center agree with me. As you know I have asked for a fair hearing. We have had our first telephone conference and the judge had no qualms about allowing email to be used to communicate, seeing that I asked it as a reasonable accommodation. Ted admit it, you were wrong. Change your recommendation as to my request for email as a reasonable accommodation. Ted I can assure you I will not be a good boy. I will do everything in my power to get my case moving. Ted you have taken my voice from me. Some that do not get heard will resort to drastic measures. I think that when you relegate someone to a powerless position, you are forcing him or her into inappropriate action. Thus, we have terrorists seeking to kill us. If we had had the foresight to honor the beliefs of the Afghani people and only give the assistance asked for with the USSR, we would not be in this mess today. May I Please have my voice back? I am asking nicely this time. I may not do such a thing in the future without cooperation.
As you know Ted, I have a few questions that require answers. Now I have more.
Who is the Neuro-Pyschologist that Mr. Westwood was talking about. And of course I would like anything she said about me to be put into writing, entered into my file and sent to me. Do you not see that Mr. Westwood having a chat with her could be perceived to be talking about me behind my back. Normally I would not even think of such a thing but with Amy and Mr. Westwood’s actions, I can not rule out the possibility of a conspiracy. I would also like to know about the counseling sessions with my counselor Doug Eckstein. When can I have an answer?
I think this will be enough for today. Could you Please acknowledge my emails? As I stated before I may not ask nicely next time.
That is everything I think. If I find more I will post it.
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