Linda Maksimowicz
Xerox
800 Long Ridge Road
Stamford, CT  06904

March 1, 2007

Dear Ms. Maksimowicz,

    It has long been one of my mottos “Never attribute to malice what can be adequately explained by stupidity.”  However, we are coming to the point where attributing all the actions of all the people I’ve dealt with in Xerox Benefits and all their contractors to mere stupidity has reached the point of impossibility.

    I have no doubt that if I am forced to bring this matter to court, the lack of good faith shown by Xerox and its contractors will be obvious to even the most obtuse judge.  I suggest you keep that in mind.

    Even a layman like myself can search the Internet and find cases brought against Xerox showing a pattern of “arbitrary and capricious” disability decisions, with no attempt to remedy your practices even after repeated adverse rulings.  You would do well to keep that in mind, too.

One of the reasons my previous appeal battle went into a second round was that the doctor who evaluated my appeal the first time wrote: "She is able to compose detailed letters and analize [sic] benefits, policies and reports."  In other words, if I do too good a job of documenting my disability, it proves I'm not disabled.

Let me address this point here.  I am sick, but I am not stupid.  If I am more intelligent than the so-called doctors employed to evaluate my case and better educated than the cretins who can find no better job than to harass ill people who are without the resources to retaliate, this proves only your incompetence, not my health.  You might keep that in mind as well.

    Not surprisingly, you have been unwilling to put anything in writing, but I have copious contemporaneous notes on your perfidy. 

Allow me to share with you an excerpt from February 2007.  This is but one month out of 20 document years of dishonesty from Xerox.  I hope you will keep that in mind.

2/1 2:20pm Sedgwick.  Computer says claim is on hold.  Waiting on eligibility review.  Operator said this had to do with question on address.  Left message for case worker to call me tomorrow.

2/2 Tracy is case worker.  Called again.  No extension to call.  No way to bypass voice mail.

1:15 pm.  Called Linda Maksimowicz at Xerox.  Left message

2/5 7:30 am.  Tracy Adieyafby- case worker called.  Meg Vaslow – manager- will get back on Wend.  Will mail package.  (As of 2/28, no package received)

2/9 – I mailed documentation of 3 doctor’s disability reports to Tracy and Xerox

2/12 – checking Sedgwick website shows mailed documentation has arrived

2/14 9 am.  Called Sedgwick, asked for Tracy or Meg.  Neither in.  Left voice mail for Meg.
2/ 16 10:20am.  Called Sedgwick.  Neither Meg nor Tracy available.  Left voice mail for Tracy.

2/19 9am.  Called Sedgwick.  After 2 min on voice mail, found they are closed for the holiday.  Unable to even leave voice mail message.

2/20 8:45 am.  Called Sedgwick.  On hold for rep 5 minutes.  Meg and Tracy not available.  Left message for Tracy.

11:45 Tracy returned call.  Says Patrick is her supervisor, Meg is his supervisor.  Says she will talk to Patrick and find out what’s happening.  Says, “Didn’t Meg call you?”   Says “Patrick is in a management meeting.”  Says, “We were off yesterday.”

2/21 7am Called Linda at Xerox.  She admitted my name sounded familiar and said she would look into it.

2/22 9am Called Sedgwick.  On hold.  Asked for Tracy, Patrick or Meg.  None available.  Left message for Tracy.

10:11 Tracy returned call.  Says Meg and Patrick are aware I’m waiting to hear from them.  Says she’s my case worker only after my payments begin again.  Until then, it’s not her problem.

2/28 8:15am Called Linda at Xerox.  Says “they” have called me several times and left messages.  When I inquired who “they” where, she said “Patrick Harrison at Sedgwick”

8:22 Called Patrick at Sedgwick.  Says he hasn’t called, but his “staff” has called.  I informed him that only Tracy has returned calls this month and she denies responsibility.  He claims to be unfamiliar with case.  Says he will look into it and call back this afternoon.  Will fax forms to my doctor.

No call received as of 5:30pm.  Dentist appt today and brought my cell phone, just in case.  I figured, Murphy's Law, if he was going to get a call, it would be when my mouth was full of cotton.  So I put the cell phone on the table and asked my dentist to answer it.  Still no call.

    If you consider this acceptable, I would like to see such a statement in writing.


Cc: Larry Becker
Xerox Director of Corporate Benefits

XIAP
Attn: Patrick Harrison
P.O. Box 9830
Calabasas, CA 91372-0830