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


S U M M A R Y


DIARY: November 8, 1999 07:00 AM Monday; Rod Welch

Call Social Security on disability claim for Bob.

1...Summary/Objective
2...Review the Record for Orientation on Status and Planning
3...Bob Has Continued Emotional Difficulties, Adjusting Medication
4...Medicare - Filing for Retroactive Coverage
5...Assembling Evidence of Disability
6...Research Social Security Disability Filing Procedures
7...Medical Expenses May Reach $60K, Schedule Meeting with Madeline
8...Social Security Disability Application Being Mailed to Bob
9...Peter Brixie will File for Social Security Disability
10...Scheduled Meeting with Turdy Nearn's Office
11...Notify Kathleen of Social Security Disability Application Date
12...Advice on Filing for Social Secuirty Disability for Medicare
13...Professional Opinion on Bob's Entitlement to Disability
14...Bob Has Strong Spirit, Weak Voice and Medicated

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

1...We need the doctor's name and phone number -- email address would be
2...Beth will ask Nancy to call today if convenient, and she can call

CONTACTS 
0202 - Harris & Brixie Law Office           916 658 1880                                                                                                              O-00000728 0102
020201 - Mr. Peter Brixie, Esq.                                                                                                                                           O-00000728 0102
020202 - bulldog@sna.com                                                                                                                                                  O-00000728 0102

SUBJECTS
Kathleen and Bob
Social Security Disability

0504 -    ..
0505 - Summary/Objective
0506 -
050601 - Follow up ref SDS 26 0000, ref SDS 25 0000.
050602 -
050603 - Bob continues to have emotional difficulties at the hospital.  He is
050604 - also calm and focused at other times, and sounded pretty good when I
050605 - called around noon.  Social Security Disability application forms will
050606 - be sent to Kath today. Scheduled meeting with Peter Brixie later in
050607 - the week to help preapre the application. ref SDS 0 7553  A meeting is
050608 - scheduled on 991117 at Social Security to submit Bob's application.
050609 - Need to respond to CMISP letter by 991115 on payment of expenses.
050610 - Hospital reports preliminary costs of $29K.
050611 -
050612 - Sent ref DIT 1 0001 to Peter Brixie linked to this record, per below.
050613 - ref SDS 0 7553
050614 -
050615 -
050616 -
050617 -  ..
0507 -
0508 -
0509 - Discussion
0510 -
051001 -  ..
051002 - Review the Record for Orientation on Status and Planning
051003 -
051004 - Follow up ref SDS 26 2544.
051005 -
051006 - Kathleen called this morning and advised she has reviwed the
051007 - record...
051008 -
051009 -     1.  Kath and Patty working with Bob at hospital. ref SDS 23 0001
051010 -
051011 -     2.  Estate planning with counsel, Patty's meeting. ref SDS 24 0001
051012 -
051013 -     3.  Medicare entitlement research. ref SDS 25 0001
051014 -
051015 -     4.  Work yesterday planning medicare appl. ref SDS 26 0001
051016 -
051017 -
051018 -  ..
051019 - She said they did not have a meeting last Monday.  That was the only
051020 - clarification.
051021 -
051022 - She said her computer is broke.
051023 -
051024 - Need to get it fixed, but don't understand how Kathleen was able to
051025 - review the record, if the computer is broke.
051026 -
051027 -
051028 -
051029 -  ..
051030 - Bob Has Continued Emotional Difficulties, Adjusting Medication
051031 -
051032 - Kathleen said Bob had a very difficult weekend.  He is in and out of
051033 - it.  Patty was crying when she came home yesterday. Similar to 991105
051034 - when Patty was called after mid-night to come stay with Bob,
051035 - ref SDS 23 8769, he again removed the plugs for IVs and other life
051036 - support.  He removed his gown, and was incoherent, having a very
051037 - difficult time.
051038 -
051039 - Kathleen thinks they may be giving him the wrong medicine, or his
051040 - system just can't tolerate morphine well, or something like that.
051041 -
051042 -    [On 991109 further problems, medication changed. ref SDS 31 5328]
051043 -
051044 -  ..
051045 - Bob called home at 0530 this morning and sounded better. (below I
051046 - talked to Bob and he sounds very weak. ref SDS 0 1920)
051047 -
051048 - Bob's brother Dick visitied him at the hospital, per planning on
051049 - 991104, ref SDS 23 0432, and 991105. ref SDS 23 1890
051050 - ..
051051 - Kathleen has received the check for $48K or so, made out to Dick
051052 - and is taking it to a safety deposit box per advice of counsel on
051053 - 991105. ref SDS 24 3698
051054 -
051055 - She explained this procedure to Bob and Dick, per discussion with
051056 - Patty on 991105. ref SDS 23 4292
051057 -
051058 - Bob was visited by a family friend and business acquaintenance, John
051059 - Proctor.  916 989 3587, office 916 988 0760
051060 -
051061 -
051062 -
051063 -  ..
051064 - Medicare - Filing for Retroactive Coverage
051065 -
051066 - Follow up ref SDS 26 4866, ref SDS 25 4866.
051067 -
051068 - We need to develop a medical history for Bob in order to file for
051069 -
051070 -
051071 -            retroactive determination of medicare disability
051072 -
051073 -
051074 - ... under social security.
051075 -
051076 -  ..
051077 - Peter offered to assist in making this filing, and suggested the
051078 - family obtain forms for social security disability. ref SDS 25 3713
051079 -
051080 -    When he helped Kathleen file for disability, did Kath submit forms,
051081 -    or did Peter handle everything?
051082 -
051083 -    Kathleen said Peter Brixie handled filing an appeal after she had
051084 -    been turned down by her application for Social Security Disability.
051085 -
051086 -    He charged $4000 for work over several months, including a hearing
051087 -    before a judge or hearing officer. per question on 991106.
051088 -    ref SDS 26 2205
051089 -
051090 -
051091 -
051092 -  ..
051093 - Assembling Evidence of Disability
051094 -
051095 - Follow up ref SDS 26 2850.
051096 -
051097 - We need the doctor's name and phone number -- email address would be
051098 - perfect, but that might be stressful for the doctor, based on work
051099 - with Kaiser. ref SDS 10 9130
051100 -
051101 -     Karen Fogelburg, MD - Trauma Doctor at Mercy San Juan
051102 -
051103 -       (below called Karen. ref SDS 0 0504)
051104 -
051105 -  ..
051106 - To file for social security disability we need information explained
051107 - on 991106...
051108 -
051109 -          Work history. ref SDS 26 5184
051110 -
051111 -          Medical history. ref SDS 26 1156
051112 -
051113 -  ..
051114 - Kathleen this morning said that the following friends and business
051115 - acquaintenances can be contacted about Bob's history of suffering
051116 - medical problems, per report on 991103, ref SDS 19 4015, over the
051117 - years...
051118 -
051119 -     John Proctor             916 989 3587
051120 -
051121 -     Philip (Flip) Hennig     425 742 0308
051122 -
051123 -
051124 -  ..
051125 - Professional visit Bob at the hospital so we can get a letter on this
051126 - aspect of disability.
051127 -
051128 -     Did Peter Brixie help on evidence gathering for Kathleen when she
051129 -     filed for disability?
051130 -
051131 -     Angela Curiale is a phychologist who supported Kathleen's filing
051132 -
051133 -           916 455 1592
051134 -
051135 -           916 720 7525  cell phone
051136 -
051137 -     Should we have Peter make this arrangement?
051138 -
051139 -        (below called Angela. ref SDS 0 9744)
051140 -
051141 -
051142 -
051143 -  ..
051144 - Research Social Security Disability Filing Procedures
051145 -
051146 - Follow up ref SDS 26 3158, ref SDS 25 3953.
051147 -
051148 - Does Kathleen have the filing that was made on her behalf by Peter
051149 - Brixy, per above. ref SDS 26 2205
051150 -
051151 -     She has it but does not sound like it applies, because it was an
051152 -     appeal.
051153 -
051154 -
051155 - Decided not to call San Francisco Neighborhood Legal Assistance
051156 - Federation
051157 -
051158 -
051159 -
051160 -
051161 -  ..
051162 - Medical Expenses May Reach $60K, Schedule Meeting with Madeline
051163 -
051164 - Follow up ref SDS 27 4866
051165 -
0512 -
0513 -
0514 - 1515 Kathleen called
0515 -
051501 - She has just returned from the hospital.  Her voice is very horse.
051502 -
051503 - He needs to lie down and rest before Bob Welch takes her back to the
051504 - hospital to be with Bob over night.
051505 -
051506 - Evidently the plan is that Bob will pick her up in the morning, then
051507 - he is going to drive up to Reno for the afternoon, and return before
051508 - nightfall, or something like that.
051509 - ..
051510 - Kath says Bob Welch is shaking his head, that he is not going to
051511 - do that afterall.
051512 -
051513 - Kath said her computer is completely broke.  She cannot turn it on.
051514 -
051515 - That explains lack of progress on work and medical history requested
051516 - on 991106 and again yesterday.  She doesn't really know about that
051517 - stuff.
051518 -
051519 -      [On 991111 email system is back on line. ref SDS 35 2544]
051520 -
051521 -  ..
051522 - The hospital gave Kathleen a big computer report on costs todate.  It
051523 - shows $28,334 from 991103 when Bob was admitted.  This does not
051524 - include surgeon cost.  Not sure if that is the only thing not
051525 - included, but, there are still 5 more days to go before Bob is
051526 - released under plan to go home in a week, per understanding on 991105.
051527 - ref SDS 23 5022   This might increase costs $50K plus, including
051528 - hospice care Bob will need.  In fact it could be closer to $60K
051529 -
051530 - Kathleen asked if there is a meeting with Madeline tomorrow?
051531 -
051532 - We reviewed planning for Madeline to call when she returns to the
051533 - office today or tomorrow.
051534 - ..
051535 - Tomorrow Mother, Aunt Barbara, Kathleen and Rita are going to
051536 - lunch at 1130, so need to coordinate around that.
051537 -
051538 -     [In another record left message for Madeline to call on this.
051539 -     ref SDS 30 4293]
051540 -
051541 -     [On 991109 Amy's letter relates dinner with Mother, Bob, Kathleen
051542 -     and Patty this past Saturday. ref SDS 32 0001
051543 -
051544 -     [On 991110 Madeline back in office. ref SDS 34 0001]
051545 -
051546 -     [On 991110 luncheon went well. ref SDS 33 5376]
051547 -
051548 -
051549 -  ..
051550 - She explained having received a letter from the manager for the family
051551 - retirement account which submits a document for Kathleen and Bob to
051552 - sign to finalize the joint tenant account.  On 991105, Patty said they
051553 - received a letter on this. ref SDS 24 0961
051554 -
051555 -  ..
051556 - Kathleen asked if Madeline or Peter Brixie will respond to the letter
051557 - from CMISP, reported yesterday. ref SDS 27 4866
051558 -
051559 -     I mentioned the letter being sent to Peter asking if he can
051560 -     address this matter, per below. ref SDS 0 0429
051561 -
051562 -     I will also ask Madeline if she can address it.
051563 -
051564 -     Kathleen will fax the letter to Madeline's office, so she can
051565 -     review it in the morning, when she returns from traveling.
051566 -
051567 -         [Did this in another record. ref SDS 30 5966]
051568 -
051569 -         [On 991110 Madeline will review the signature card.
051570 -         ref SDS 34 0207]
051571 -
051572 -
051573 -
051574 -  ..
051575 - Social Security Disability Application Being Mailed to Bob
051576 -
051577 - Follow up ref SDS 26 0744, ref SDS 25 0744.
051578 -
051579 - Social security       800 772 1213
051580 -
051581 - Talkled to Melony.
051582 -
051583 - Requested help applying for disability entitlement based on advice by
051584 - Mrs Stevens at the Social Security office on 991105. ref SDS 25 0744
051585 -
051586 - Explained objective to file for...
051587 -
051588 -
051589 -           Retroactive determination of Medicare disability
051590 -
051591 -
051592 - ...per recommendation on 991103 by Legal Center for Elderly and
051593 - Disabled. ref SDS 19 2880
051594 -    ..
051595 - Preliminary basis for claim is developed on 991106. ref SDS 26
051596 - 4672
051597 -
051598 - Gave Bob's SSN, date of birth, per discussion with Patty on 991105.
051599 - ref SDS 25 0988
051600 -
051601 - Melony asked for date of disability?  I advised it was...
051602 -
051603 -
051604 -                      OB 971001
051605 -
051606 -
051607 - ...from information on 991103. ref SDS 19 4015
051608 -
051609 -  ..
051610 - Application forms will be mailed to Bob at home.
051611 -
051612 -    [On 991111 forms were received. ref SDS 35 4866]
051613 -
051614 - Gave Melony Kathleen's address.
051615 -
051616 -  ..
051617 - Scheduled meeting for Kathleen....
051618 -
051619 -                 991117 1330
051620 -
051621 -                 Social Security
051622 -                 Carmichael Office
051623 -                 5839 Manzanita Avenue, Suite 6
051624 -                 Carmichael, CA
051625 -
051626 -
051627 -   (below notified Kathleen. ref SDS 0 0899)
051628 -
051629 -
051630 -
051631 -  ..
051632 - Peter Brixie will File for Social Security Disability
051633 -
051634 - Follow up ref SDS 25 3713.
0517 -
0518 -
0519 - 0853 called Peter Brixie      916 658 1880
0520 -
052001 - Talked to Sonya.
052002 -
052003 -
052004 -                        Harris & Brixie
052005 -                        Peter Brixie
052006 -                        1107 2nd Street #200
052007 -                        Sacramento, CA
052008 -
052009 -
052010 -  ..
052011 - Peter has not come in.
052012 -
052013 - She will tell him Kathleen will have the forms in a few days, and
052014 - then can meet with him.
052015 -
052016 - Advised we have a meeting set for 991117 with SS and so need to get
052017 - the forms prepared by then. ref SDS 0 6784
052018 -
052019 -  ..
0521 -
0522 -
0523 - 1158 called Peter back
0524 -
052401 - Explained we cannot meet today, as Peter suggested last Friday,
052402 - ref SDS 25 3713, because we have not received the Social Security
052403 - forms.
052404 -
052405 - Advised that the forms are being mailed to Kathleen today, so she
052406 - should get them tomorrow or Wednesday. per above. ref SDS 0 0744
052407 -
052408 - Explained meeting schedule at Social Security in Carmichael on
052409 - 991117 1330.
052410 -
052411 - Peter advised that 991117 is not a good day for him to meet with
052412 - Social Security, but he may not have to attend the meeting.
052413 -
052414 -  ..
052415 - He said to call him when the forms come in and we can schedule a
052416 - meeting for him to assist in preparing the application.
052417 -
052418 -    (below Angela Curaele recommends Peter's work. ref SDS 0 2000)
052419 -
052420 -    [On 991111 called Peter forms have been received. ref SDS 35 3920]
052421 -
052422 -  ..
052423 - Peter's email address is...
052424 -
052425 -
052426 -                         bulldog@sna.com
052427 -
052428 -
052429 - ...he has access to the Internet, so we can use web mail.
052430 -
052431 -  ..
052432 - I will send him a letter confirming these understandings with links to
052433 - Bob's medical history.
052434 -
052435 - Submitted ref DIT 1 0001 linked to this record.
052436 -
052437 -     CMISP letter reported on 991107, ref SDS 27 4866, cited in Kath's
052438 -     letter, ref DRP 9 2862,
052439 -
052440 -     Madeline met with Bob and family about will on 991104. ref SDS 21
052441 -     0004
052442 -
052443 -     CMISP - Asked Peter to coordinate with Madeline's office on who
052444 -     should respond. ref DIT 1 3864
052445 -
052446 -        [Voice mail to Madeline on coordinating with Peter about
052447 -        responding to this letter. ref SDS 30 6080]
052448 -     ..
052449 -     Disability entitlement, analysis on 991106. ref SDS 26 4672
052450 -     ..
052451 -     Mention possible two track process, Medical and Medicare.
052452 -     ref DIT 1 5920
052453 -
052454 -        [On 991109 Greg Wilcox indicates Medicare disability
052455 -        entitlement can be claimed. ref SDS 31 5610]
052456 -
052457 -        [On 991110 James Walker recommends filing for Medical.
052458 -        ref SDS 33 3135]
052459 -
052460 -     Cite call to Social Security for disability application forms.
052461 -     ref SDS 0 0744
052462 -
052463 -     Medicare benefits before age 65 required 2 year disability.
052464 -     ref SDS 25 7350
052465 -     ..
052466 -     Cite surgery on 991104, 2 months to live. ref SDS 21 4899
052467 -
052468 -     Link to Madeline's meeting on 991104. ref SDS 21 4424
052469 -
052470 -     Medical infirmities reported on 991103. ref SDS 19 4015
052471 -
052472 -     Cite call to Angela Curaele. ref SDS 0 2000
052473 -
052474 -     Call to Doctor Fogelberg. ref SDS 0 0504
052475 -
052476 -
052477 -
052478 -
052479 -  ..
052480 - Scheduled Meeting with Turdy Nearn's Office
052481 -
052482 - Follow up ref SDS 28 0001, ref SDS 25 2640.
0525 -
0526 -
0527 - 0900 called Trudy Nearn's office             916 563 7822
0528 -
052801 - Talked to Naomi.
052802 -
052803 - Advised of meeting scheduled with Social Social on 991117, and we
052804 - would like to meet today to discuss the case, per Trudy's terms set
052805 - out in the telecon with Naomi on 991105. ref SDS 25 2640
052806 -
052807 - She said Turdy's calendar is full to beyond 991117.
052808 -
052809 -  ..
052810 - Trudy cannot meet today, because her calendar is full.
052811 -
052812 - We considered presenting this matter to Trudy this morning, and if
052813 - there is a opening because of a cancellation, we can procede with the
052814 - meeting.
052815 -
052816 - Naomi will call back on this.
052817 -
052818 -    Naomi never called back, so this initiative is ended.
052819 -
052820 -
052821 -
052822 -  ..
052823 - Notify Kathleen of Social Security Disability Application Date
052824 -
052825 -
052826 -
0529 -
0530 -
0531 - 1215 Called Kathleen
0532 -
053201 - Since Naomi did not call back, assume Trudy cannot meet today.
053202 -
053203 - Talked to Mother.  Kathleen is at the hospital.
053204 -
053205 - I explained we will go ahead and use Peter Brixie, based on
053206 - discussion with Peter just now.
053207 -
053208 -  ..
053209 - Tomorrow or Wednesday, Kathleen will receive a "packet" to file for
053210 - Social Security Disability.
053211 -
053212 - We will take the packet to Peter's office and he will advise on
053213 - preparing the forms.
053214 -
053215 -    [On 991110 James Walker recommends Medical. ref SDS 33 3135]
053216 -
053217 -    [On 991111 forms were received. ref SDS 35 4866]
053218 -
053219 - A meeting is scheduled with Social Security on 991117. ref SDS 0 1107
053220 -
053221 -
053222 -
053223 -  ..
053224 - Advice on Filing for Social Secuirty Disability for Medicare
053225 -
053226 -
0533 -
0534 -
0535 - 0922 called CANHR          800 474 1116
0536 -
053601 - Talked to Michele.
053602 -
053603 - She said to talk to High Cap, which is LCED, which we talked to on
053604 - 991103.
053605 -
053606 - After further review, Michele said their staff will research this
053607 - matter and call back on what support CANNER can offer in making
053608 - application for Social Secuirity Disability.
053609 - ..
053610 - We need list of disabilities that qualify for entitlement.
053611 -
053612 -
053613 -
053614 -  ..
053615 - Professional Opinion on Bob's Entitlement to Disability
053616 -
053617 -
0537 -
0538 -
0539 - 0948 called Angela Curiale     916 455 1592   720 7525 (cell phone)
0540 -
054001 -
054002 - Per discussion with Kathleen above. ref SDS 0 0594
054003 -
054004 - Left message for Angela to call back.
054005 -
054006 -
0541 -
0542 -
0543 - 1156 called Angela back
0544 -   ..
054401 - Left another message on both office and cell phone.
054402 -
054403 -  ..
0545 -
0546 -
0547 - 1351 Angela called back          916 455 1592
0548 -
054801 - Explained we need Angela's help on evaluating potential for Bob to be
054802 - awarded Social Security disability to qualify for medicare, using
054803 - preliminary analysis on 991106. ref SDS 26 4672
054804 -
054805 - Angela wants to examine Bob before rendering an opinion.
054806 -
054807 - We discussed Peter Brixie's support, per above. ref SDS 0 7553
054808 -
054809 - Angela said Peter is very strong in this practice.  She is comfortable
054810 - working with Peter on these kinds of cases, and feels we should follow
054811 - his advice.
054812 -
054813 -
054814 - ..
054815 - per planning above on evidence. ref SDS 0 2850
0549 -
0550 -
0551 - 1012 called Karen Fogleberg, MD        916 537 5000
0552 -
055201 - Hospital receptionist said Nancy's number is...
055202 -
055203 -
055204 -                          916 863 7874
055205 -
055206 -
055207 - Called and talked to Beth.
055208 -
055209 - She said Karen is at the hospital today and doing surgeries.  She
055210 - will be in the office on Wednesday.
055211 -
055212 - Beth will ask Nancy to call today if convenient, and she can call
055213 - collect.
055214 -
055215 -     [On 991109 Karen called back. ref SDS 31 2850]
055216 - ..
055217 - Issues...
055218 -
055219 -      We need to get clearance for some meetings on Bob's medical
055220 -      condition in connection with filing for social secuirty
055221 -      disability.
055222 -
055223 -      Can Bob meet with an attorney about his will?
055224 -
055225 -      Can Doctor Fogelberg provide evidence on the period of Bob's
055226 -      disability due to cancer? as reported on 991107? ref SDS 27 2850
055227 -
055228 -      Can Doctor Fogelberg support description of Bob as more emotional
055229 -      than most, per analysis on 991106. ref SDS 26 5580 and
055230 -      ref SDS 26 2850
055231 -
055232 -
055233 -
055234 -  ..
055235 - Bob Has Strong Spirit, Weak Voice and Medicated
055236 -
055237 - Follow up ref SDS 20 4099.
055238 -
0553 -
0554 -
0555 - 1219 called Bob at hospital         916 537 5000
0556 -
055601 - Bob is in room 5532.
055602 -
055603 - Spoke for about 2 minutes.  He sounds weak and medicated, but his
055604 - spirits are strong given the circumstances.  Bob remarked that he was
055605 - lucky that the cancer had not spread to his kidney, because he might
055606 - not have made it through the opertion.
055607 - ..
055608 - He is aware though that the cancer has spread in a dangerous
055609 - manner.
055610 -
055611 - I told him how proud Patty is of her dad, and that she has been a
055612 - great help to Kathleen the past few days.
055613 -
055614 - Bob said how much he loved Kathy, and wanted to do so many things for
055615 - her.  That he was lucky and fortunate to have her for a friend and
055616 - wife, and that bringing Patty into his life, and seeing her grow into
055617 - such a marvelous person makes his life fulfilled.
055618 -
055619 - I said we are all pulling for him, and looking forward to bringing him
055620 - home very soon.
055621 -
055622 - Kathleen is planning Thanksgiving, and Bob is our "star."
055623 -
055624 -
055625 -
055626 -
055627 -
055628 -
055629 -
055630 -
055631 -
055632 -
055633 -
055634 -
055635 -
055636 -
055637 -
055638 -
055639 -