THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700


S U M M A R Y


DIARY: November 3, 1999 07:00 AM Wednesday; Rod Welch

Receive call from Patty on Bob's cancer surgery.

1...Summary/Objective
2...Bob Needs Emergency Treatment for Pancreatic Cancer This Morning
3...Consult counsel on following issues...
4...Medicare - Filing for Retroactive Coverage
5...Exploratory Surgery will be Performed Today
6...Medical Disabilities Have Prevented Bob From Working for Years

ACTION ITEMS.................. Click here to comment!

1...Frada Bruton 916 444 8826

CONTACTS 

SUBJECTS
Kathleen and Bob

0403 -    ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 16 0000, ref SDS 14 0000.
040502 -
040503 - Bob had another difficult night and is suffering very much right now,
040504 - so Patty and Kathleen took him to Mercy San Juan hospital for
040505 - emergency treatment this morning.  The doctor examined Bob and decided
040506 - they need to do the exploratory surgery immediately.  Developed plan
040507 - to file for retroactive medicare disability coverage to pay for
040508 - treatment. ref SDS 0 4866   By close of day, surgeon reported after
040509 - examining Bob in hospital that surgery will be performed tomorrow, but
040510 - things are not promising. ref SDS 0 0405
040511 -
040512 -
040513 -
040514 -
0406 -
0407 -
0408 - Discussion
0409 -
040901 -  ..
040902 - Bob Needs Emergency Treatment for Pancreatic Cancer This Morning
040903 -
040904 - Follow up ref SDS 16 2528.
040905 -
040906 - Patty said her Dad had another difficult night and is suffering very
040907 - much right now, so she and Kathleen are taking him to the hospital for
040908 - emergency treatment this morning.
040909 -
040910 -    (below see letter from Kath on this. ref SDS 0 1872)
040911 -
040912 - They all had a difficult night, not getting much sleep.  Bob looks
040913 - worse and seems incoherent again.  He is suffering and so they can't
040914 - wait for the meeting tomorrow with the surgeon; he needs help right
040915 - now.
040916 -
040917 -    (below he is stabalized at the hospital. ref SDS 0 1764)
040918 -
040919 -    [On 991104 treatment at hospital helped Bob recover. ref SDS 17
040920 -    4099]
040921 -
040922 -    [On 991105 Patty was called to hospital to stay with Bob because he
040923 -    had an emotional night. ref SDS 20 8769]
040924 -
040925 -    [On 991109 Bob had another bad night. ref SDS 24 5328]
040926 -
040927 - Patty has reviewed the letter, ref DIP 8 0001, and the record for
040928 - yesterday. ref SDS 16 0001
040929 -
040930 - As a result of worsened condition, issues planned to be resolved
040931 - tomorrow in a meeting with the surgeon and social worker, will have to
040932 - addressed this morning. ref SDS 16 2200
040933 -
040934 - If asked, Patty will explain at the hospital that they need the forms
040935 - to apply for medicare and/or medical.
040936 -
040937 - She said he is 61 and has not worked for approximately 2 years due to
040938 - infirmaties.
040939 -
040940 - She can call me at the hospital to keep me posted on progress and to
040941 - address problems that come up in handling the insurance issues.
040942 -
040943 -
040944 -
040945 -
040946 - ..
040947 - Consult counsel on following issues...
040948 - 
040949 -      1.  Control of Bob's assets to pay for medical treatment
040950 -
040951 -          Kathleen should call Rick and explain Bob has been taken to
040952 -          emergency surgery, per planning yesterday. ref SDS 16 1176
040953 -
040954 -          Ask him what should be done to enable Kathleen to manage the
040955 -          account?
040956 -
040957 -          See planning below on consulting counsel. ref SDS 0 1120
040958 -
040959 -          Bob seems to have indicated this afternoon during a visit
040960 -          that Kathleen needs to manage family finances, ref SDS 0
040961 -          0819, at a second visit this evening, Bob indicated Kathleen
040962 -          has joint signature on all accounts. ref SDS 0 5110
040963 -
040964 -          Kathleen mentioned papers that have been executed on this.
040965 -          ref SDS 0 2257
040966 -
040967 -           [On 991104 Bob and Kathleen developed estate planning with
040968 -           aid of counsel. ref SDS 18 0004]
040969 -
040970 -          ..
040971 -      2.  Medicare
040972 -
040973 -          Can this be reasonably classified as a K101, or whatever it
040974 -          is called, that does not require depletion to qualify for
040975 -          medicare support?
040976 -
040977 -          See telecon with Legal Center... ref SDS 0 4866
040978 -
040979 -          Kathleen indicated this evening that there is medical history
040980 -          showing Bob's disability. ref SDS 0 4015
040981 -
040982 -             [On 991104 not much progress. ref SDS 19 0001]
040983 -
040984 -             [On 991105 found disability requirements on web,
040985 -             ref SDS 22 6800, talked to SS rep indicating Bob be able
040986 -             to qualify. ref SDS 22 0744]
040987 -
040988 -
040989 -
040990 -
0410 -
0411 -
0412 - 1313 called Russel Austin    916 446 2300
0413 -
041301 - Left message to call back based on referral from Earnie Ruddick at
041302 - L&C.
041303 -
041304 -
041305 -
041306 -
041307 -  ..
0414 -
0415 -
0416 - 1528 Dan called back           916 498 1644
0417 -
041701 - Talked to Dan by mistake, but he said...
041702 -
041703 -   1.  Hospital has to admit Bob and treat him, and worry about the
041704 -       money later.
041705 -
041706 -   [On 991116 called and thanked Dan for his help. ref SDS 26 0001]
041707 -
041708 -       They cannot refuse to treat him, but there will be a fight
041709 -       about money.
041710 -
041711 -   2.  21 days of care, then they will discharge him and ask where to
041712 -       take him.
041713 -
041714 -   3.  Placement officer is a hospital or other resource that the
041715 -       hospital provides that works with the family to decide the best
041716 -       place to take the patient.
041717 -
041718 -
041719 -
041720 -
0418 -
0419 -
0420 - 0852 called and left message
0421 -
042101 -                    Legal Center for Elderly and Disabled
042102 -
042103 -                    916 488 5298
042104 -
042105 -
042106 -
042107 -
042108 -
0422 -
0423 -
0424 - 0853 called Mark Hyjek     916 965 8941
0425 -
042501 - Left message that Polly McGilray gave us Mark's number.
042502 -
042503 - Talked to Sally.
042504 -
042505 - Mark is in the office.  He has a call, and is scheduled to leave the
042506 - office shortly.
042507 -
042508 - Reviewed background per the record yesterday. ref SDS 16 0001
042509 -
042510 - Advised of new events today. ref SDS 0 2528
042511 -
042512 - Sally will talk to Mark and see if he can help in any way, and she
042513 - will call back.
042514 -
042515 -
0426 -
0427 -
0428 - 0923 Sally called back
0429 -
042901 - She said Mark cannot take action until oa 991117.
042902 -
042903 - Gave a referral to Kitty Hughs.
042904 -
042905 -
042906 -
042907 -
042908 -
0430 -
0431 -
0432 - 0855 called Kitty Hughs    916 447 8121
0433 -
043301 - Left message for Jennette to call back with a referral.
043302 -
043303 -
0434 -
0435 -
0436 - 0946 Jennett called back at Kitty's office
0437 -
043701 - She suggested calling...
043702 -
043703 -              Mark Hyjek
043704 -
043705 -              Frada Bruton     916 444 8826
043706 -
043707 -
043708 -
043709 -
043710 -  ..
0438 -
0439 -
0440 - 1023 Patty called
0441 -
044101 - She left a message while I was out saying...
044102 -
044103 -     Bob was admitted for emergency treatment.
044104 -
044105 -     There was no discussion about payment.
044106 -
044107 -     They received documents to fill out and submit that cover payment
044108 -     issues.
044109 -
044110 -
044111 -
044112 -  ..
044113 - Medicare - Filing for Retroactive Coverage
044114 -
0442 -
0443 -
0444 - 1117 called Legal Center for Elderly and Disabled       916 488 5298
0445 -
044501 - Talked to Martha.
044502 -
044503 - She said an Intake para legal will call us in a few weeks to get all
044504 - the information, and then a lawyer will review the case to decide
044505 - about taking the case.
044506 -
044507 - We reviewed the circumstances of Bob's case. ref SDS 0 2528
044508 -
044509 - Martha asked me to hold and she will get someone to discuss the
044510 - matter.
044511 - ..
044512 - Talked to Dick Wexler
044513 -
044514 - We reviewed the record from yesterday, ref SDS 16 0001, and new events
044515 - today. ref SDS 0 4977
044516 -
044517 - Bob is 61 and has not worked for about 2 years.  He has not filed for
044518 - social security early retirement and has no medical insurance.
044519 - ..
044520 - Dick feels we should apply for...
044521 -
044522 -
044523 -              Retroactive determination of medicare disability
044524 -
044525 -
044526 - Medical would require possibly paying down assets before they would
044527 - pay for medical expenses.
044528 -
044529 - Medicare pays everything.
044530 -
044531 - Therefore, we will start by making application for medicare.
044532 -
044533 - Dick said his office can help make application for this coverage.
044534 -
044535 - Kathleen and Patty would give the hospital notice that application has
044536 - been made based on Bob's entitlement for this coverage, and that the
044537 - hospital must perform pursuant to that entitlement, which may require
044538 - a few weeks or months to be processed.  The Swanson family will assume
044539 - responsibility for expenses if entitlement is not awarded, and in that
044540 - case would use entitlement under medical, which cannot be denied to
044541 - citizens of California.
044542 -
044543 - Dick thinks this is a good plan.
044544 -
044545 - As was done in Kathleen's case, in qualifying for early coverage by
044546 - social security, we need to assemble evidence of work history and
044547 - injury or other disability, i.e., what are the facts.
044548 -
044549 - If Bob has seen a physician and received documentation of disability
044550 - that prevented him from working, this would support the claim.
044551 -
044552 - If Bob has not seen a physician, and there is no documentation, then
044553 - we need to develop a statement of facts showing when disability
044554 - reasonably commenced.  We can obtain letters from former employers to
044555 - substantiate that Bob was unable to perform, etc., and/or a statement
044556 - from Kathleen, friends and relatives that explain Bob's disability.
044557 -
044558 - Patty and Kathleen will then meet with Legal Center for the Elderly
044559 - and Disabled, to submit the record, and they will assist in filing
044560 - for coverage under medicare.
044561 -
044562 - Dick will work on this.
044563 -
044564 - He will have Mary Clark, an attorney call later today to develop a
044565 - plan for making this application.
044566 -
044567 -     [On 991104 call from Helen says we need to contact a lawyer for
044568 -     this support. ref SDS 19 4794]
044569 -
044570 -     [On 991105 Madeline, estate planning counsel, takes notice of
044571 -     medicade application planning. ref SDS 21 3698]
044572 -
044573 -     [On 991105 found social security web site explaining rules for
044574 -     disability, ref SDS 22 3953, called and got information on filing
044575 -     procedures. ref SDS 22 0744]
044576 -
044577 -     [On 991106 planning to make filing with SSI. ref SDS 23 4672]
044578 -
044579 -     [On 991109 lawyer cites 42 CFR 406.12(b). ref SDS 25 5610]
044580 -
044581 -
044582 -  ..
044583 - Exploratory Surgery will be Performed Today
044584 -
0446 -
0447 -
0448 - 1145 called Patty and Kath
0449 -
044901 - Bob was taken to Mercy San Juan hospital.
044902 -
044903 - Bob was seen by Doctor Brinkman on the emergency staff.
044904 -
044905 - Kathleen gave him the name of the doctor who had planned to perform
044906 - exploratory surgery, following the meeting tomorrow, per the record
044907 - yesterday. ref SDS 16 2200
044908 -
044909 - Doctor Brinkman said he will call the surgery doctor and recommend
044910 - that exploratory be performed today, because Bob needs immediate
044911 - treatment.
044912 -
044913 - Patty called the hospital about 20 minutes ago to get an update on
044914 - treatment, but was unable to get through to anyone who knows about
044915 - Bob's progress.
044916 -
044917 - They must have a room number and there should at least be a head nurse
044918 - on the floor.
044919 -
044920 - I explained work on qualifying Bob for medicare coverage. ref SDS 0
044921 - 4866
044922 -
044923 - Patty and Kathleen are taking a nap, because of not getting sleep
044924 - last night.  They will get up in a few hours and begin thinking about
044925 - the medicare issues.
044926 -
044927 - I will send this record to Patty, so she and Kathleen can review and
044928 - begin thinking about disability information.
044929 -
044930 -
044931 -
044932 -
044933 -  ..
0450 -
0451 -
0452 - 1411 Polly McGilary called back   916 453 1418
0453 -
045301 - Need to get caught up on power of attorney issues.
045302 -
045303 -    Below, Bob seems to have indicated this evening that Kathleen has
045304 -    joint signature on all accounts. ref SDS 0 5110
045305 -
045306 -    [On 991104 engaged Madeline Davis for assignment. ref SDS 18 4424]
045307 -
045308 - Sounds like Legal Center can help on medicare, but need to be ready
045309 - on handling family finances so Kathleen can operate.
045310 -
045311 - Talked to Polly.  She had a call and said she will call me back.
045312 -
045313 -
045314 -
045315 -
0454 -
0455 -
0456 - 1449 Polly's office called back
0457 -
045701 - Left message that Polly is in meetings and could not call back, but
045702 - we can call and set an appointment.
045703 -
045704 -
045705 -
045706 -  ..
0458 -
0459 -
0460 - 1701 called Polly back
0461 -
046101 - Talked to Marve.
046102 -
046103 - She set meeting for tomorrow at...
046104 -
046105 -                           1600
046106 -
046107 -                        1115 Alhambra Blvd
046108 -                        Near K and L
046109 -                        Sacaramento.
046110 -
046111 -    [Below called back and left message to move meeting up because Bob
046112 -    is having surgery at 1400. ref SDS 0 5320]
046113 -
046114 - Meeting is subject to Polly calling back to review background and
046115 - issues to be resolved.
046116 -
046117 - Marve said Polly does not have an email address where we can submit
046118 - information.
046119 -
046120 -
046121 -  ..
0462 -
0463 -
0464 - 1713 called Kathleen
0465 -
046501 - Received letter from Kath, ref DRT 1 0001, explaining that Bob has
046502 - been admitted to the hospital.  She says she woke up at 0330 this
046503 - morning and...
046504 -
046505 -    Bob was sitting up, awake.  Said he wants us to take him to
046506 -    emergency this morning.  He is life-threateningly dehydrated and in
046507 -    pain that is too much to bare.  In my state of mind (and Bob's) we
046508 -    believe the doctors have forced us into this position.  Bob thought
046509 -    that the operation would be performed on Thursday, not just a
046510 -    meeting.  He cannot delay any longer.  We'll go in around 8am.
046511 -    Doubt that there is much I can do about the social worker stuff.
046512 -    Will ask Patty when she wakes up - she was very tired last night.
046513 - ..
046514 - Bob is in the surgery section.
046515 -
046516 - His condition has now been stabilized so that he is not suffering
046517 - pain.  Kathleen has called him several times today, so he is able to
046518 - speak.
046519 - ..
046520 - Bob has requested the sports page and his glasses.  This is a
046521 - good sign of a strong spirit, showing recovery from yesterday,
046522 - ref SDS 16 2997, as a result of treatment at the hospital.
046523 -
046524 - Bob also mentioned something about recognizing the need for Kathleen
046525 - to begin managing family finances.
046526 -
046527 -     [On 991105 Bob had difficult emotional night. ref SDS 20 8769]
046528 -
046529 -
046530 -
046531 -  ..
046532 - Medical Disabilities Have Prevented Bob From Working for Years
046533 -
046534 - Kathleen advised that Bob has suffered a number of disabilities that
046535 - prevented him from getting certain jobs, and has limited him to sales
046536 - jobs.  Within the past few years continued frequency of medical
046537 - problems has prevented him from staying on the job.
046538 -
046539 - She mentioned a birth defect that hampered his ability throughout his
046540 - life.
046541 -
046542 - Bob has suffered from back problems, digestion difficulties and severe
046543 - headaches which required him to take medication that further prevented
046544 - performing work in an employement setting.
046545 -
046546 - These infirmities compounded an innate delicate emotional condition,
046547 - which in turn escalated physical problems.  This combination may have
046548 - caused a disability that qualifies for Social Security entitlement
046549 - before age 65.
046550 -
046551 -     [On 991106 analysis indicates problems create compound disability.
046552 -     ref SDS 23 4672]
046553 -
046554 - She will prepare a history of this and send it to me this evening,
046555 - after they visit Bob at the hospital.
046556 -
046557 -     [On 991105 SS web site cites list of medical conditions that
046558 -     qualify for disability. ref SDS 22 7350]
046559 -
046560 -     [Same day SS rep indicates retroactive determination of disability
046561 -     might be possible. ref SDS 22 0744]
046562 -
046563 -     [On 991106 analysis of disability entitlement. ref SDS 23 4672]
046564 -
046565 -     [On 991108 requested application for Social Security disability
046566 -     entitlement. ref SDS 24 0744]
046567 -
046568 - ..
046569 - I explained the tentative meeting scheduled tomorrow at 1600
046570 - with Polly McGilray. ref SDS 0 0884
046571 -
046572 - The main issue is power of attorney and beneficiary of Bob's estate
046573 - in the event of his passing.
046574 -
046575 -     [On 991104 Madeline Davis was hired instead. ref SDS 18 4424]
046576 -
046577 - Kathleen said she has papers she and Bob have executed on this.  She
046578 - will locate the documents and take them to the meeting tomorrow.
046579 -
046580 - She is familiar with the location of Polly's office on Alhambra.
046581 -
046582 - We reviewed planning to apply for medicare coverage using the Legal
046583 - Center for..., ref SDS 0 4866,
046584 -
046585 - I will follow up tomorrow to schedule a meeting.
046586 -
046587 - This can be reviewed with Polly tomorrow, to see if she wants to be
046588 - involved in the medicare issue, or simply focus on family estate
046589 - planning.
046590 -
046591 - Sent an update of the record for Kath and Patty to review.
046592 -
046593 -
046594 -  ..
0466 -
0467 -
0468 - 2214 called Kathleen
0469 -
046901 - Patty answered.  Kath has gone to bed.
046902 -
046903 - They visited with the surgeon at the hospital this evening when they
046904 - went to see Bob.
046905 - ..
046906 - The surgeon believes Bob has cancer.  They will not know for
046907 - sure until they operate tomorrow.
046908 -
046909 - The operation is scheduled for 1400, provided an operating room is
046910 - available.
046911 -
046912 - The surgeon believes the cancer is larger than shown by the CAT scan,
046913 - so this means the condition is much worse, and it means they may not
046914 - be able to effectively operate to remove the cancer.
046915 -
046916 - If they are wrong, they will remove the cancer and Bob can recover
046917 - with continued treatment.
046918 -
046919 - If they are right, and the cancer cannot be removed surgically, then
046920 - they will operate to give relief of the internal pressures that are
046921 - preventing normal bodily functions.  That is the most they can do.
046922 - ..
046923 - Bob expressed a desire this evening that Kathleen be granted
046924 - authority to manage the family finances, including his trust account
046925 - from the inheritance.  They discussed having a power of attorney for
046926 - Kathleen prepared for Bob to sign tomorrow.
046927 -
046928 - Patty said that Bob indicated Kathleen has joint signature on all
046929 - accounts.  Kathleen is not aware of this, so need to call Rick, per
046930 - above. ref SDS 0 0002
046931 - ..
046932 - Tomorrow I will try to move the meeting for 1600 up to 1000, so
046933 - Polly can help draft a will for Bob that he can sign before surgery
046934 - tomorrow.
046935 -
046936 -    [On 991104 engaged Madeline Davis for assignment. ref SDS 18 4424]
046937 -
046938 - Patty will pick up standard forms for a will, which she and Kathleen
046939 - can prepare, if we are unable to get a meeting with counsel tomorrow.
046940 -
046941 -    [On 991104 Bob's will was prepared prior to surgery. ref SDS 18
046942 -    0004]
046943 -
046944 -
046945 -
046946 -
046947 -
046948 -  ..
0470 -
0471 -
0472 - 2235 called Polly McGilary        916 453 1418
0473 -
047301 - Left message to move the meeting at 1600 forward to 1000, so a will
047302 - can be prepared that Bob can sign before surgery.
047303 -
047304 -    [On 991104 cancelled meeting because hired Madeline Davis for
047305 -    assignment. ref SDS 18 5933]
047306 -
047307 -
047308 -
047309 -
047310 -
047311 -