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


S U M M A R Y


DIARY: November 9, 1999 09:36 AM Tuesday; Rod Welch

Social Secuirty disability application 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...Peter Brixie will File for Social Security Disability
6...Assemble Evidence of Disability
7...Will defer work on following until meeting with Peter...
8...Research Social Security Disability Filing Procedures
9...Medical Expenses May Reach $60K, Schedule Meeting with Madeline


..............
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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 29 0000, ref SDS 26 0000.
050602 -
050603 - Bob had another difficult night.  Plans being made for him to come
050604 - home on Friday.  Need to develop support for continuing medical help
050605 - at home to due to emotional situation.
050606 -
050607 - Madeline Davis did not call back on meeting about estate planning, and
050608 - Peter Brixie did not call on Medicare filing.  Kathleen did not
050609 - receive the disability application forms for Social Security. Notified
050610 - Peter Brixie of delay receiving forms; was unable to verify that he
050611 - understands his scope of work.  Received information that seems to
050612 - support possible disability entitlement for Bob.  Doctor Fogelberg
050613 - called and left message.  Will talk to her tomorrow.
050614 -
050615 -
050616 -
050617 -
050618 -  ..
0507 -
0508 -
0509 - Discussion
0510 -
051001 -  ..
051002 - Review the Record for Orientation on Status and Planning
051003 -
051004 - Follow up ref SDS 29 2544, ref SDS 26 2544.
051005 -
051006 - No evidence that Peter has read the record, nor Madeline, nor
051007 - Kathleen, becasue her computer is broke.
051008 -
051009 - She said in the afternoon today, the problem may be a fuse or
051010 - something, rather than the computer.  There is really no reason the
051011 - computer should not run.  She later said power is off in other parts
051012 - of the house, so it looks more like a power outage problem.
051013 -
051014 -
051015 -
051016 -  ..
051017 - Bob Has Continued Emotional Difficulties, Adjusting Medication
051018 -
051019 - Follow up ref SDS 29 5328.
051020 -
051021 - Kathleen called.
051022 -
051023 - When Kath woke up this morning at about 0300 and Bob was sitting up at
051024 - the end of the bed.  He said he felt fine, so Kathleen went back to
051025 - sleep.  She woke about about 0345 and Bob had removed the IVs and life
051026 - support equipment, he had removed his gown and was getting out of bed.
051027 - Kath rushed out and got nurses to help Bob back into bed and connected
051028 - back to life support, IVs.
051029 -
051030 - Later this morning, before Kathleen went home, the surgeon came in to
051031 - see Bob.  She talked to Kathleen, and explained his behavior as
051032 - "halucinating."
051033 - ..
051034 - The surgeon, Doctor Karen Fogelberg, indicated plans to release
051035 - Bob from the hospital on Friday for home care.
051036 -
051037 - Kathleen asked how adequate professional care can be provided for
051038 - emergencies that have been occuring the past few weeks, where Bob has
051039 - periods of halucinations, like this morning?
051040 -
051041 - The doctor said nursing support will be arranged to check on Bob
051042 - periodically at home.
051043 - ..
051044 - Kathleen said that medication has been changed.
051045 -
051046 - Bob now has a morphine patch on his arm, rather than morphine being
051047 - provided through IV.
051048 -
051049 - She is worried that the patch does not provide fast enough relief for
051050 - pain, as its effectiveness wears out.
051051 -
051052 -     [On 991110 reviewed issue with Doctor Fogelberg. ref SDS 32 4640]
051053 -
051054 -
051055 -  ..
051056 - Medicare - Filing for Retroactive Coverage
051057 - Peter Brixie will File for Social Security Disability
051058 -
051059 - Follow up ref SDS 29 3713, ref SDS 29 4866.
051060 -
051061 - Called and left message about whether Peter received ref DIP 11 0001
051062 - sent yesterday, ref SDS 29 0429, explaining scope of services.
051063 -
051064 -
0511 -
0512 -
0513 - 1633 called Peter back
0514 -
051401 - Left message that SS Disability forms were not received today, so
051402 - they may come in tomorrow.
051403 -
051404 - Since Kathleen gets the mail late in the afternoon, and since Peter
051405 - indicated he will not be in the office Friday, we will likely not be
051406 - able to meet to prepare the filing until 991115, Monday or Tuesday of
051407 - next week.
051408 -
051409 -
051410 - We need to develop a medical history for Bob in order to file for
051411 -
051412 -
051413 -            retroactive determination of medicare disability
051414 -
051415 -
051416 - ... under social security, per below. ref SDS 0 2850
051417 -
051418 - Submitted ref DIP 11 0001 linked to this record.
051419 -
051420 -
051421 -
051422 -  ..
051423 - Assemble Evidence of Disability
051424 -
051425 - Follow up ref SDS 29 2850, ref SDS 26 2850.
051426 -
051427 - Doctor Karen Fogelburg - Trauma Doctor at Mercy San Juan
051428 -
051429 -                          916 863 7874
051430 -
051431 -
051432 - Issues for review are on 991108. ref SDS 29 6090
051433 -
051434 -  ..
0515 -
0516 -
0517 - 1128 Karen Fogelberg, MD called
0518 -
051801 - Karen left a message returning my call yesterday. ref SDS 29 0504
051802 -
051803 - Karen will try to call back later today.
051804 -
051805 - If she does not reach me, she asked me to call her at her office
051806 - tomorrow.
051807 -
051808 -
051809 - To file for social security disability we need information explained
051810 - on 991106...
051811 -
051812 -
051813 -  ..
051814 -
051815 - Will defer work on following until meeting with Peter...
051816 -
051817 -
051818 -          Work history. ref SDS 26 5184
051819 -
051820 -          Medical history. ref SDS 26 1156
051821 -
051822 -     John Proctor             916 989 3587
051823 -
051824 -     Philip (Flip) Hennig     425 742 0308
051825 -
051826 - ..
051827 - Professional visit Bob at the hospital so we can get a letter on
051828 - this aspect of disability.
051829 -
051830 -     Angela Curiale is a phychologist who supported Kathleen's filing
051831 -
051832 -           916 455 1592
051833 -
051834 -           916 720 7525  cell phone
051835 -
051836 -     Should we have Peter make this arrangement, based on discussion
051837 -     with Angela yesterday? ref SDS 29 9744)
051838 -
051839 -
051840 -
051841 -  ..
051842 - Research Social Security Disability Filing Procedures
051843 -
051844 - Follow up ref SDS 29 3158, ref SDS 26 3158.
051845 -
0519 -
0520 -
0521 - 1511 Greg Wilcox called
0522 -
052201 - Greg returned the call from 991105, recommended by Trudy Nearn.
052202 - ref SDS 25 0435
052203 -
052204 - Greg advised he works in estate planning, and some in Medicare law.
052205 -
052206 - He suggested calling for disability law expertise...
052207 -
052212 -
052213 - I explained Madeline Davis is working on the estate issues, and that
052214 - Peter Brixie is helping file the medicare disability application.
052215 -
052216 - Greg said he is giving a lecture on Medicare and disability
052217 - entitlement today or tomorrow and so has been researching the issue.
052218 - ..
052219 - He asked about Bob's situation?
052220 -
052221 - I explained background on 991103 to file for...
052222 -
052223 -
052224 -            retroactive determination of medicare disability
052225 -
052226 -
052227 - ...from work on 991103. ref SDS 19 2880
052228 - ..
052229 - Greg said he understands there is no authority to support our
052230 - proposed application for Bob.
052231 -
052232 - I explained research on 991105 using the Interent that sounds helpful.
052233 - ref SDS 25 7350
052234 -
052235 - Greg said good luck.
052236 -
052237 - About 5 minutes later he called back.
052238 -
052239 - He found authority that he feels supports Bob's application...
052240 -
052241 -
052242 -                      42 CFR 406.12(b)
052243 -
052244 -
052245 - ...Greg read the language, which sounds similar to the record on
052246 - 991105. ref SDS 25 5833
052247 -
052248 - The language actually sounded more generous.  Greg interpretted it to
052249 - mean that within the past 5 years cumulative disability of 24 months
052250 - qualifies for disability entitlement.
052251 -
052252 - He said it is dated 1999, and so should still be effective.
052253 -
052254 -     [On 991110 James Walker recommends Medical only. ref SDS 32 3135]
052255 - ..
052256 - Greg suggested contacting....
052257 -
052258 -
052259 -                        HICAP
052260 -
052261 -
052262 -       Health Insurance Counseling and Advocates
052263 -
052264 -
052265 - He said it is an organization funded by the State to help people
052266 - qualify for federal Medicare, in order to minimize the costs to the
052267 - State of people who do not qualify for Medicare.
052268 -
052269 -     [On 991110 HICAP says they do not help people qualify for
052270 -     Medicare. ref SDS 32 3158]
052271 -
052272 -
052273 -
0523 -
0524 -
0525 - 1527 called HICAP    415 861 4444
0526 -
052601 - Left message for support filing a claim.
052602 -
052603 - Got a call back and explained what we need.
052604 -
052605 - The receptionist said someone will call us back.
052606 -
052607 -     [On 991110 HICAP says they do not help people qualify for
052608 -     Medicare. ref SDS 32 3158]
052609 -
052610 -
052611 -
052612 -  ..
052613 - Medical Expenses May Reach $60K, Schedule Meeting with Madeline
052614 -
052615 - Follow up ref SDS 29 5833, ref SDS 27 4866
052616 -
052617 - When Kath called this morning, per above, ref SDS 0 5328, she advised
052618 - that the letter from CMISP was faxed to Madeline, per our discussion
052619 - yesterday. ref SDS 29 1540
052620 -
052621 -     [Following up with Madeline in another record. ref SDS 31 6080]
052622 -
052623 -
052624 -
052625 -
052626 -
052627 -
052628 -
052629 -
052630 -