- ARIZONA STATE RETIREMENT SYSTEM
3300 NORTH CENTRAL AVENUE. PO Box 33910 • PHOENIX, AZ 85067- 3910. PHONE ( 602) 240- 2000
7660 EAST BROADWAY BOULEVARD. SUITE 108. TUCSON, AZ 85710- 3776. PHONE ( 520) 239- 3100
TOLL FREE OUTSIDE METRO PHOENIX AND TUCSON 1 ( 800) 621- 3778
EMAIL ADDRESS: CONTACTUS@ AZASRS. GOV. WEB ADDRESS: WWW. AZASRS. GOV
Paul Matson
Director
June 23, 2008
CERTIFIED MAIL
Senator John McCain
5353 North 16th Street
Suite 105
Phoenix,~ 85016
Dear Senator McCain:
RECF,, · , r~.;. . i'! I"- D ., c. '!,~~
OFFICE OF THE rl\ l.. viJ£ NT
Recently you received a letter from Ms. Valerie Leon explaining why she considered herself
unable to perform her job with Maricopa County Superior Court as a Court Operations
Representative.
The claim for her disability is processed and administered by Sedgwick CMS, a third- party
claims administrator contracted by the Arizona State Retirement System ( ASRS) to provide long
term disability claims administration services. Ms. Leon incorrectly identified the county as the
contract holder.
Sedgwick CMS reviews all claims for long term disability income benefits and makes initial
decisions for approval or denial based on the availability of substantive and appropriate medical
documentation. Based on the medical documentation that was provided or contracted for, Mr.
Leon was denied. She has the right to appeal this denial back to Sedgwick CMS. Sedgwick
considered the letter addressed to you to be her appeal of the initial decision. After Sedgwick
reviews her appeal and, if it is found that the original denial is appropriate, Ms. Leon may appeal
to the Director ofthe ARSR. There are even more appeal rights after the Director's appeal.
Please be assured that Ms. Leon will be offered every opportunity to present her appeal and
provide additional supportive documentation throughout the process.
Sincerely,
64~,'
Patrick M. Klein
Assistant Director, External Affairs
PMK./ zk
cc. Ms. Valerie Leon
Mr. Mike Schaiberger, Maricopa County
Chairman Andy Kunasek, Maricopa County Board of Supervisors
l_.
Sen. John McCain
June 23, 2008
Page 2 of2
Rep. Ed Pastor
Sen. Tim Bee, President, Arizona Senate
Gov. Janet Napolitano
Mayor Phil Gordon, City ofPhoenix
Dr. Gerald David Zirin, Phoenix Indian Medical Center
Mr. Scott E. Davis, PC
Mr. Michael K. Jeanes, Clerk ofthe Superior Court
Ms. Margaret Henning, Maricopa County Workforce Management and Development
Ms. Diane Sznoskwi, Clerk of the Court, Maricopa County
Ms. Carol Schreiber, Associate Clerk, Maricopa County
Ms. Lorena Mendelsohn, Sedgwick CMS
Mr. Zach Kucera, ASRS
Member File
P:\ EA\ patk\ Correspondence\ 2008\ V. Leon 0623 08. doc
JUN - 4 200B
Dear Senator,
I am writing this letter to bring your attention to an important issue that may have an
effect on many persons in the state ofArizona who suffer from some form oflong term
medical disability, and may be subjected to serious and unethical mistreatment by those
charged with making detenninations regarding their disability claims.
Until recently, I was working as a government worker for the Maricopa County of
Superior Court as a Court Operations Representative, a position that I have had for over
one year. On 7/ 31107, I was put on Short Term Disability through benefits that I had been
paying into.
The medical problems that have incapacitated my being able to work are: LupUS,
Rheumatoid Arthritis ( manifesting in part as inflammation in my chest wall),
Fibromyalgia, Sleep Apnea, Chronic Sinusitis Rhinitis, Migraines, inflammation ofmy
lungs. Due to the side effects ofmedication for the above conditions ( Methotrexate), I
now have a nodule in my lymph node under my right ear lobe. My physician has told me
that it is his medical opinion that I am unable to work., and has supported me in my
application for disability.
I had hoped and expected my short term disability would transfer to Long Term
Disability on the basis ofthe above medical conditions. However, I have just been
informed that my disability claim has been denied. The basis ofthis denial is that the
physician hired by Maricopa County ( that I met with one time) has disagreed with the
medical staff that have known and worked with me for many years; this Maricopa
physician ( working for the insurance agency, Sedgwick CMS, contracted by Maricopa
County) states that I am perfectly fit to return to full time work.
In my conversation with Maricopa County Human Resource Manager, Diane Smoskwi,
she has stated the following to me when I have discussed with her my disability claim: " 1
need to get you offmy books".
Senator, I believe that there is something seriously wrong with the position that Maricopa
County is taking here on my disability claim, in collusion with their contract with
Sedgwick CMS. To dismiss my claim on the basis ofa government worker ( Szonoskwi)
wanting to get me " offher books" makes it appear that I am an unimportant cog in a
machine, without any rights as a government worker and human being. To dismiss my
claim on the basis ofwhat appears to be a physician serving as a hired gun for Sedgwick
CMS, appears unethical and opposed to the ethics ofthe medical profession.
I have been a devoted government worker for Maricopa County with a good work record.
I have taken pride in my bard work over these years. I have also taken pride in my
identity as a Native American woman. I am a tribal member ofthe Cheyenne- Arapaho of
Oklahoma
With the dismissal of my disability claim, so I feel bas been dismissed the contributions I
have proudly made to the government ofthe state of Arizona I am profoundly burt by
this, increasing the suffering ofmy medical condition, and the suffering from my now
being unable to do the work that I have been so proud ofand happy to do. I am offended
by the treatment by the government ofArizona in Maricopa County, and wonder ifI am
being discriminated against because ofmy ethnic heritage. However, I am mainly
concerned that there are many others in the state ofArizona that are not Native American
that are also being treated as I am being treated. Indeed, an attorney that I recently
consulted with ( to simply appeal my disability claim) has infonned me that Maricopa
County bas bad an increasing pattern over the past several years ( through Sedgwick in
particular) in similar denials ofthe claims of other severely disabled persons. He has
suggested that very soon people may be working together on a class action lawsuit
against this great injustice against persons with disabilities in Maricopa County.
Senator, I am aware that you are very busy at this time in your interests in leading our
nation in such things as improving medical care for all Americans. I am hoping that this
letter reaches you so that you can not only continue to advocate for the interests of your
Native Arizonians, but perhaps even use the information I am talking about to protect
those with disabilities throughout America, from the threats to their rights by a managed
care establishment that has lost its moral compass.
Sin,/ l%/. ~
./{/ t( jIe. tta i1JU
Valerie Leon
ee: UDlted States Selltltor Jobn McCain
ee: COllp'elSma. Ed Putor
ce: Arizoaa SCate Seale. SeDate PmicleDt TIm Bee
etl Gevenor ofArizoDI Janet NapoUtaao
cc: aty ofPboenlx Mayor P1111 Gordo.
ee: Indian Health Service, rbllellillDdian Medital Center, Dr. Genld Dmd Zirin, Ply. D, CADCH
ee: Disability Attonley, Seott E. DDYis, P. c.
ttl Clerk ofthe Saptrior COlIrt, MkbeI K. Jeanes
cc: Maricopa Conaty Worllforce ~ tPd ~- 1It, E_ pIoyee Rtlatiou Disability Analyst. Margaret HeDDIag
ec: Marieopa CCNlDty, Clerk of die CoIIrt, a..... ReIoaree, Blaae SzHskwi
ee: aerk oftile Superior Court, Alsedate CIcrtI, Recorda Mallllgelllept Serviees, Carol Sehreiber
tt: Sedgwick eMS, SenIor Disability Be1leftt Sptdailst. lAJreea McaddIob., CPOM
