CONTACTS 

SUBJECTS
Kathleen and Bob
Social Security Disability

0504 -    ..
0505 - Summary/Objective
0506 -
050601 - Follow up ref SDS 19 0000, ref SDS 17 0000.
050602 -
050603 - This objective requires filing for retroactive disability
050604 - determination by Social Security.  Got some requirements from the
050605 - Web.  Social Security rep on telephone call was helpful.  May need to
050606 - locate a "disability" law specialist, or might use Peter Brixy who
050607 - filed Kathleen's application for disability determination a few years
050608 - ago.
050609 -
050610 - Need from Kath list of jobs and medical problems Bob has had.
050611 -
050612 -
050613 -
050614 -
0507 -
0508 -
0509 - Discussion
0510 -
051001 -  ..
051002 - Medicare - Filing for Retroactive Coverage
051003 -
051004 - Follow up ref SDS 19 4866, ref SDS 17 4866.
051005 -
051006 - Per our discussion this morning, ref SDS 20 6225, and again during the
051007 - meeting with Patty, ref SDS 21 4402, Madeline will try to call...
051008 -
051009 -
051010 -                        Trudy Nearn
051011 -                        916 563 7822
051012 -
051013 -
051014 - ...and facilitate an initial telephone meeting on filing application
051015 - for Bob's entitlement to medicare coverage, as recommended by Legal
051016 - Center for Elderly... on 991103, ref SDS 17 2880, and again yesterday.
051017 - ref SDS 19 4794
051018 -
051019 -     (See call back below. ref SDS 0 2640)
051020 -
051021 -     [On 991107 called Trudy's office. ref SDS 25 0001]
051022 -
051023 -
051024 -
0511 -
0512 -
0513 - 1134 called Sharon Hoyle         916 729 1520
0514 -
051401 - Per recommendation by Madeline this morning. ref SDS 21 4402
051402 -
051403 - Sharon is in court this morning.  Receptionist will ask her to call
051404 - when she comes in.
051405 -
051406 -
051407 -
051408 -  ..
0515 -
0516 -
0517 - 1137 called James A Walker       530 889 0441
0518 -
051801 - Per recommendation by Madeline this morning. ref SDS 21 4402
051802 -
051803 - Katie Lynch handles this kind of law.
051804 -
051805 - Left message for Katie to call and discuss providing legal support for
051806 - making the application suggested by LCED on 991103. ref SDS 17 2880
051807 -
051808 -     (below Katie called back. ref SDS 0 5933)
051809 -
051810 -
051811 -
051812 -
051813 -  ..
0519 -
0520 -
0521 - 1142 received call from Trudy Nearn's office     916 563 7822
0522 -
052201 - Naomi called for Trudy, following the contact from Madeline, per
052202 - above. ref SDS 0 4866
052203 -
052204 - Naomi said she manages Trudy's calendar.
052205 -
052206 - Evidently based on the discussion with Madeline, Trudy has expressed
052207 - interest in taking the case.
052208 -
052209 - Naomi said Trudy charges $260 per hour, and she can meet with us in
052210 - about 4 weeks.  Trudy does not want to discuss the scope of services
052211 - by telephone in advance of our deciding to hire her.
052212 -
052213 - She wants a check for $260 prior to meeting.
052214 -
052215 - We reviewed the advantage of expediting work on this matter in light
052216 - of Bob's medical condition.  A meeting in 4 weeks does not appear to
052217 - meet this objective, however, we respect that Trudy may well be the
052218 - best candidate for this assignment, and would be able to accomplish
052219 - the best coverage for Bob.
052220 - ..
052221 - Typically, in hiring a lawyer preliminary consideration of
052222 - scope, terms of service, and potential for success are reviewed in
052223 - advance of incurring fees.  Possibly Trudy is well enough established
052224 - that this industry practice can be justifiably waived.
052225 -
052226 - Naomi seemed to indicate that Trudy would like to take this case.
052227 -
052228 - She proposed that Kathleen come in and visit with Trudy.
052229 -
052230 -     [On 991107 called Trudy's office. ref SDS 25 0001]
052231 -
052232 - We reviewed the doctor's request that Kathleen remain close to Bob
052233 - because of the delicate emotional period Bob faces, as seen by
052234 - difficulties last night that required the daughter, Patty, to spend
052235 - the night at the hospital. ref SDS 20 8769
052236 -
052237 - Naomi will visit with Trudy about conducting a preliminary telephone
052238 - conference, and if that seems productive, we can proceed.
052239 -
052240 -
0523 -
0524 -
0525 - 1215 called Trudy Nearn's office back
0526 -
052601 - Talked to Naomi.
052602 -
052603 - Offered to send a letter via web mail that Trudy can review to see if
052604 - the facts and the clients objectives appear to be reachable, and
052605 - something she would like to take on.
052606 -
052607 - Naomi said that is a good idea, but their email system is down.
052608 -
052609 - She is not familiar with using email and is not sure Trudy is either.
052610 -
052611 - She thinks the firm has an email account and access to the Internet,
052612 - but needs to research to find out.
052613 -
052614 - Naomi will investigate and call me back on this idea.
052615 -
052616 -
052617 -
052618 -  ..
052619 - Social Security Requirements for Disability
052620 -
052621 -
0527 -
0528 -
0529 - 1327 research Medicare on the Internet
0530 -
053001 - Found a web site...
053002 -
053003 - Social Security Online
053004 -
053005 - The Official Web Site for Social Security Administration
053006 -
053007 -
053008 -                 http://www.ssa.gov/SSA_Home.html
053009 -
053010 -
053011 - The Site map is at...
053012 -
053013 -
053014 -                 http://www.ssa.gov/sitemap.htm
053015 -
053016 -
053017 - This has a link to another web page for...
053018 -
053019 -
053020 - Applying for Benefits
053021 -
053022 -
053023 -               http://www.ssa.gov/disability.html
053024 -
053025 - ..
053026 - Downloaded the file for the record. ref OF 4 0001
053027 -
053028 - To apply, we can call...
053029 -
053030 -
053031 -                        800 772 1213
053032 -
053033 -
053034 - ...which is shown in para 2. ref OF 4 0003
053035 -
053036 - Review of this material indicates the process entails a social
053037 - security filing. ref OF 4 0002
053038 -
053039 - There is language that indicates the date of effective disability is a
053040 - finding the social security agency makes.  So that date can be several
053041 - years ago, based on the evidence.   The language says the agency
053042 - determines the date when disability "began." ref OF 4 0002
053043 - ..
053044 - Review period takes 60 - 90 days. ref OF 4 0666
053045 -
053046 -    (Below, takes 120 days now. ref SDS 0 8100)
053047 -
053048 - List of required evidence is at ref OF 4 6952.
053049 -
053050 - Evidence presented must be originals. ref OF 4 1160
053051 -
053052 -    Social Security office helps assemble information for applicant.
053053 - ..
053054 - Key issue is whether claimant's condition is in the list of
053055 - disabling impairments? ref OF 4 1680
053056 -
053057 -    Where can we get this list???
053058 -
053059 -    How does it relate to Bob's ailments cited by Kathleen on 991103?
053060 -    ref SDS 17 4015
053061 -
053062 -    Maybe disability law specialists, or SF Neighborhood etc, can give
053063 -    us a clue. ref SDS 0 0878
053064 -
053065 -
053066 -     ..
053067 -    Under Age 65 Entitlement to Benefits for Disability Past 2 Years
053068 -
053069 -    Anothe web site...
053070 -
053071 -
053072 -              http://www.ssa.gov/pubs/10043.html#Section 2
053073 -
053074 -
053075 -    ...also in the record at ref OF 5 0000, says that...
053076 -
053077 -        If You Are Under 65
053078 -
053079 -        You are eligible for Medicare hospital insurance if you: have
053080 -        been a Social Security disability beneficiary for 24 months.
053081 -        SSA Publication No. 05-10043 (June 1997)
053082 -        ref OF 5 0021
053083 -
053084 -        [On 991109 lawyer cites 42 CFR 406.12(b). ref SDS 27 5610]
053085 -
053086 -    This gives rise to the plan to file for...
053087 -
053088 -
053089 -           Retroactive determination of medicare disability
053090 -
053091 -
053092 -    ...formulated on 991103 by LCED. ref SDS 17 8352
053093 -
053094 -        [On 991106 develop basis for filing. ref SDS 23 4672]
053095 -
053096 -        [On 991107 Kath cites information that Bob's disability of one
053097 -        year with pancreatic cancer may be sufficient qualification.
053098 -        ref SDS 24 2850]
053099 -
053100 -    Medicare hospital coverage may be available by paying a premium,
053101 -    ref OF 5 0231, however, in Bob's case we need a determination of
053102 -    retroactive entitlement.
053103 -
053104 -    There is additional financial help for low-income families.
053105 -    ref OF 5 4988
053106 -
053107 -    Signing Up for Medicare. ref OF 5 0793
053108 -
053109 -        Seems to indicate that if someone is getting social security
053110 -        disablity benefits, then Social Security department sends
053111 -        notice to sign up for Medicare.
053112 -
053113 - Peter Brixie helped Kathleen get social security disability, per work
053114 - on 991102. ref SDS 16 4212
053115 -
053116 -
053117 -
053118 -  ..
053119 - Peter Brixie will File for Social Security Disability
053120 -
053121 -
0532 -
0533 -
0534 - 1351 called Peter Brixie      916 658 1880
0535 -
053501 - Advised we have hired an attorney for estate planning based on Peter's
053502 - referral on 991102. ref SDS 16 4212
053503 -
053504 - Explained information on 991103 from Legal Center for Elderly and
053505 - Disabled indicating Bob might qualify for...
053506 -
053507 -
053508 -           Retroactive determination of medicare disability
053509 -
053510 -
053511 - ...which seems to be part of social security.
053512 -
053513 - Peter said he would help file for this coverage.
053514 -
053515 - He asked that we go to the social security office and pick up forms
053516 - for...
053517 -
053518 -                      social security disability
053519 -
053520 -
053521 - We can bring them in on Monday and he will prepare the filing.
053522 -
053523 -
053524 -                        1107 2nd Street #200
053525 -
053526 -    [On 991108 called and advised forms have not been received, sent
053527 -    letter on scope of services. ref SDS 26 7553]
053528 -
053529 -    [On 991111 called left message forms arrived. ref SDS 29 3920]
053530 -
053531 -
053532 -
053533 -  ..
0536 -
0537 -
0538 - 1420 received call from James A Walker's office      530 889 0441
0539 -
053901 - Katie called back from above. ref SDS 0 3966
053902 -
053903 - Katie said their office focuses on medical, and paying long term
053904 - nursing care.
053905 -
053906 - She will talk to Jim to see if he will take a crack at Bob's case.
053907 -
053908 -    [On 991110 James called back. ref SDS 28 3966]
053909 -
053910 -
0540 -
0541 -
0542 - 1444 received call from Sharon Hoyle         916 729 1520
0543 -
054301 - She left message while I was talking to Katie.
054302 -
054303 -
0544 -
0545 -
0546 - 1514 called Sharon Hoyle back        916 729 1520
0547 -
054701 - Sharon does not work in social security law, but is familiar with the
054702 - filing for...
054703 -
054704 -
054705 -           Retroactive determination of medicare disability
054706 -
054707 -
054708 - ...she said a client was successful in getting this approved by
054709 - social security.
054710 -
054711 - Sharon will call the client and ask who helped make this application.
054712 -
054713 - She knows a couple of attorneys that work in social security law.
054714 -
054715 -     [Below got referrals but not to attorney who made filing we want.
054716 -     ref SDS 0 1692]
054717 -
054718 -
054719 -
054720 -  ..
054721 - Called Social Security about Disability Claim for Bob
054722 -
054723 -
0548 -
0549 -
0550 - 1550 called social security       800 772 1213
0551 -
055101 - Talked to Mrs. Stevens.
055102 -
055103 - She said they need Bob's social security number and date of birth.
055104 -
055105 - She agreed that...
055106 -
055107 -
055108 -            Retroactive determination of medicare disability
055109 -
055110 -
055111 - ...may be an appropriate vehicle for Bob, per telecon with LCED on
055112 - 991103. ref SDS 17 2880
055113 - ..
055114 - Mrs Stevens suggests filing right away, because it is now taking
055115 - up to 120 days for processing claims, rather than 60 - 90 days set out
055116 - in the Social Security documents. ref SDS 0 3816
055117 -
055118 - I explained that Bob has been off work for nearly two years, but has
055119 - suffered a variety of infirmities that have prevented him from working
055120 - regularly for much longer.  He has been reluctant to obtain medical
055121 - treatment due to his personality that avers doctors.  An example is
055122 - failing to get treatment for pancreatic cancer until it was too late.
055123 -
055124 - Another example of rash behavior was removing IVs and other medical
055125 - instruments from himself last night.
055126 -
055127 - Evidence the attending physician may be able to offer is recognition
055128 - that Bob is high strung which resulted in deciding not to follow
055129 - normal procedure to disclose he has limited time. ref SDS 20 5022
055130 -
055131 - Mrs Stevens said we can provide evidence from employers fellow
055132 - employees, friends, acquaintances and family members who know of his
055133 - disabilities, and this might be sufficient to establish entitlement.
055134 -
055135 - She asked me to get the information and call back to request an
055136 - application for disability entitlement.
055137 -
055138 -     Below got Bob's SSN and date of birth. ref SDS 0 0988
055139 -
055140 -     [On 991108 called Trudy Nearn's office to support his effort.
055141 -     ref SDS 25 0001]
055142 -
055143 - She said we fill out the forms.  Kathleen would then meet with a
055144 - social security rep on behalf of Bob since he cannot travel.  A
055145 - decision takes about 120 days.
055146 -
055147 - Entitlement can be awarded if Bob passes away during the review
055148 - period.
055149 -                             ..
055150 - Mrs Stevens advised that the current doctor can issue a
055151 - statement supporting Bob's disability for past periods.
055152 -
055153 -     [On 991106 planning to develop evidence of disability. ref SDS 23
055154 -     2850]
055155 -
055156 -     [On 991107 report that Bob's doctor indicated he has suffered
055157 -     disability from cancer for over a year. ref SDS 24 2850]
055158 -
055159 -
055160 -
055161 -
0552 -
0553 -
0554 - 1553 Trudy Nearn's office called back        916 563 7822
0555 -
055501 - Naomi said that Trudy has two referrals that I will love....
055502 -
055503 - One is in Oakland and another in Palo Alto.
055504 -
055505 - Naomi did not leave any numbers for some reason; asked me to call
055506 - back.
055507 -
055508 -
055509 -  ..
0556 -
0557 -
0558 - 1608 called Sharon Hoyle back    916 729 1520
0559 -
0560 -
056001 - She provided the following numbers...
056002 -
056003 -                   916 725 2124
056004 -
056005 -                       448 3836
056006 -
056007 - She does not have the name and number of attorney for the client who
056008 - was awarded retroactive determination of medicare disability.
056009 -
056010 -
056011 -
056012 -  ..
0561 -
0562 -
0563 - 1622 called Kathleen
0564 -
056401 - Talked to Patty, got Bob's...
056402 -
056403 -      social security number:   535 34 7676
056404 -
056405 -      date of birth:           380729
056406 -
056407 -      need list of infirmities:
056408 -
056409 -          Cancer
056410 -
056411 -          Emotional disability due to compound psychosis in
056412 -          combination with back injury, digestion
056413 -
056414 -
056415 -
056416 -
056417 -  ..
0565 -
0566 - 1628 called Trudy Nearn's office back        916 563 7822
0567 -
056701 - Naomi said that Trudy has two referrals that I will love....
056702 -
056703 -
056704 -                    Greg Wilcox
056705 -                    510 665 8400         Oakland
056706 -
056707 -
056708 -                    Peter Stern          Palo Alto
056709 -                    650 326 2282
056710 -
056711 - ..
056712 - She also suggests calling...
056713 -
056714 -
056715 -           CANHR         800 474 1116
056716 -
056717 -
056718 - ...which seems to be an organization similar to the Legal Center for
056719 - Elderly and Disabled.
056720 -
056721 -     [On 991107 called Trudy's office. ref SDS 25 0001]
056722 -
056723 - I called CANHR this evening and got a message to call between 0900
056724 - and 1200 and from 1300 to 1600.
056725 -
056726 - I called Greg Wilcox's office and left a message for him.
056727 -
056728 -     [On 991109 Greg called back and was very helpful. ref SDS 27 3158]
056729 -
056730 -
056731 -
056732 -  ..
056733 - Disability Law Specialist
056734 -
056735 - Called Brent Kato, a local lawyer is listed in the yellow pages as a
056736 - medicare practice.
056737 -
056738 - Explained objective from telecon with LCED on 991103, ref SDS 17 2880,
056739 -
056740 - Brent said we need to talk to a disability lawyer.  There are people
056741 - who specialize in this area of the law.
056742 -
056743 - Brent suggested calling...
056744 -
056745 -
056746 -        San Francisco Neighborhood Legal Assistance Federation
056747 -
056748 -
056749 - ...to get ideas on qualifying Bob for retroactive disability
056750 - eligibility.  This is similar to CANNER. ref SDS 0 3795
056751 -
056752 - We need the list of disabling problems Social Security recognizes, per
056753 - analysis of SS report. ref SDS 0 7350
056754 -
056755 -
056756 -
056757 -
056758 -
056759 -