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
0203 - James A. Walker Law Offices          530 889 0441                                                                                                                  O-00000729 0101
020301 - Mr. James A. Walker, Esq.                                                                                                                                        O-00000729 0101
020302 - jamesw@eldercareresources.com                                                                                                                                    O-00000729 0101

SUBJECTS
Kathleen and Bob
Social Security Disability

0504 -    ..
0505 - Summary/Objective
0506 -
050601 - Follow up ref SDS 33 0000, ref SDS 30 0000.
050602 -
050603 - Kathleen seems to have solved the computer problem so we can
050604 - communicate.  Asked Rita to take information to Kathleen on preparing
050605 - work and medical history.  Doctor Fogelberg called and confirmed Bob's
050606 - cancer has been disabling for the past year.  Called Peter Brixie's
050607 - office again to coordinate meeting on filing for Medicare Disability,
050608 - and respond to CMISP letter.  Peter has not responded to calls for two
050609 - days. In the late afternoon, call from James Walker developed new
050610 - planning on filing for Medical coverage, rather than Medicare, and
050611 - guarentees success.  Cost would be at most $15K.
050612 -
050613 - Submitted ref DIT 2 0001 linked to this record, and to the telecon
050614 - with Madeline on coordinating with counsel for medical expense
050615 - insurance on the asset distribution issue. ref SDS 36 2378
050616 -
050617 -
050618 -
050619 -
0507 -
0508 -
0509 - Discussion
0510 -
051001 -  ..
051002 - Review the Record for Orientation on Status and Planning
051003 -
051004 - Follow up ref SDS 33 2544, ref SDS 30 2544.
051005 -
051006 - Hopefully, Bob Welch can get the electrical problem fixed at
051007 - Kathleen's house, so she can get caught up on the record, per planning
051008 - on 991106. ref SDS 27 2544
051009 -
051010 - Kathleen also needs to reveiw the record on 991106 so she can see the
051011 - effort to qualify Bob for Medicare under a determination of Social
051012 - Security Disability. ref SDS 27 4672
051013 -
051014 - She needs to prepare a work history, ref SDS 27 5184, and medical
051015 - history. ref SDS 27 1156
051016 -
051017 - Submitted ref DIT 1 0001 asking Rita to print the record for 991106,
051018 - ref SDS 27 0001, and the letter to Peter Brixie, ref DIP 11 0001, and
051019 - take these documents to Kathleen.  Mentioned Amy's letter about dinner
051020 - with everyone. ref SDS 35 0001
051021 -
051022 -  ..
0511 -
0512 -
0513 - 1038 Kathleen called back
0514 -
051401 - She said the problem with the computer is the switch on the wall that
051402 - controls the circuit was turned off by mistake.
051403 -
051404 - We went through the exercise of turning the computer on, and letting
051405 - come up in Safe mode, to correct for having been shut down improperly.
051406 - After the system is online in Safe mode, we shut down using Restart.
051407 -
051408 - Kathleen said the system booted up correctly in the normal screen.
051409 -
051410 - We shut it down again with restart, to verify it will boot up
051411 - correctly.  The system came up in normal mode.
051412 -
051413 - We went through the exercise to defragment the hard drive, and
051414 - reviewed the practice of doing this about once a day, as discussed on
051415 - 990822, when Bob and Kath received the computer after some extended
051416 - fixing. ref SDS 5 0468
051417 -
051418 -    [On 991127 problem with computer persists. ref SDS 42 4664]
051419 - ..
051420 - Kath said Mother and Bob are about to leave.  She said they had
051421 - a wonderful time together at lunch with Rita and Aunt Barbara, per
051422 - telecon on 991108. ref SDS 30 6696  We recalled that Mother and Aunt
051423 - Barbara were great friends in their early twenties.  When Uncle Jim
051424 - was away at war in Europe, Aunt Barbara spent a lot of time with
051425 - mother and our Dad.
051426 -
051427 -     [On 991127 Mother and Aunt Barbara visited again at Bob's
051428 -     memorial. ref SDS 42 1998]
051429 -
051430 - Kath will call back to fuss with this some more.
051431 -
051432 -
051433 -
051434 -
051435 -  ..
051436 - Bob Has Continued Emotional Difficulties, Adjusting Medication
051437 -
051438 - Follow up ref SDS 33 5328, ref SDS 30 5328.
051439 -
051440 - Investigate with Doctor changing medication back to morphine injected
051441 - through IV rather the patch, per yesterday. ref SDS 33 0620
051442 -
051443 -      (below Doctor discusses this point. ref SDS 0 4640)
051444 -
051445 -
051446 -  ..
051447 - Medicare - Filing for Retroactive Coverage
051448 - Peter Brixie will File for Social Security Disability
051449 -
051450 - Follow up ref SDS 33 4866, ref SDS 30 3713.
051451 -
051452 - Called and left another message with receptionist about whether Peter
051453 - received ref DIP 11 0001 sent yesterday, ref SDS 30 0429, explaining
051454 - scope of services.
051455 -
051456 - If the Social Security forms arrive today, we need to schedule a
051457 - meeting with Peter for tomorrow on preparing a filing, per my letter,
051458 - ref DIP 11 1066, submitted on 991108. ref SDS 30 0429
051459 -
051460 -     [On 991111 Kathleen received Social Security Disability
051461 -     application forms. ref SDS 38 4866]
051462 -
051463 -     (below James Walker recommends filing for Medical. ref SDS 0 3135)
051464 -
051465 -
051466 -  ..
051467 - Assemble Evidence of Disability
051468 -
051469 - Follow up ref SDS 33 2850, ref SDS 30 2850.
051470 -
051471 - Talked to Heather.  She will leave a message for Karen or Beth to call
051472 - back, per Karen's call yesetrday, ref SDS 33 0665, returning my call
051473 - yesterday. ref SDS 30 0504
051474 -
051475 - Doctor Karen Fogelburg - Trauma Doctor at Mercy San Juan
051476 -
051477 -
051478 -                          916 863 7874
051479 -
051480 -
051481 - Issues for review are on 991108. ref SDS 30 6090
051482 -
051483 -
051484 -  ..
0515 -
0516 -
0517 - 1002 Karen Fogelberg, MD called
0518 -
051801 - Karen returned my call yesterday. ref SDS 30 0504
051802 -
051803 - To file for social security disability we need information explained
051804 - on 991106. ref SDS 27 4672
051805 -
051806 - Spelling is...
051807 -
051808 -                     Karen Fogelberg, MD
051809 -
051810 -
051811 - She does not use computers nor email.
051812 - ..
051813 - Karen confirmed that Bob has likely suffered cancer for over a
051814 - year, based on the degree of the problem she observed during the
051815 - operation.
051816 -
051817 - We discussed briefly plans to apply for Medicare disability to help
051818 - defray medical expenses, reported on 991106. ref SDS 27 4672
051819 -
051820 - Karen said she will do all she can to support this effort.  She
051821 - frequently writes letters to explain disabilities in these cases, and
051822 - so is familiar with what is needed.
051823 -
051824 -     [Below counsel recommends filing for Medical. ref SDS 0 3135]
051825 -
051826 -     [On 991112 Kathleen will contact Karen on this. ref SDS 39 0883]
051827 - ..
051828 - I mentioned Kathleen's concern yesterday about changing the
051829 - method of delivering morphine medication. ref SDS 33 0620
051830 -
051831 - Karen explained she is experimenting with the morphine patch for a few
051832 - days.  She said this is a good method for most patients.  If she and
051833 - Kathleen feel this works, they will continue this method when Bob goes
051834 - home on Friday, otherwise, the IV method of delivery will be used,
051835 -
051836 - Karen expects to continue monitoring Bob.
051837 -
051838 - I asked if she will come to the house for this monitoring?
051839 -
051840 - Karen said normally the family brings the patient to her office.
051841 - ..
051842 - Karen said that Bob has very little time left.
051843 -
051844 - She said her surgery on 991104, ref SDS 22 4899, showed cancer has
051845 - destroyed substantial portions of Bob's abdomen, which cannot now be
051846 - restored. She is hopeful some bodily functions may return for awhile,
051847 - as a result of surgery, but cancer has invaded the intestines in a way
051848 - that this may not work.
051849 -
051850 - I asked Karen if she is familiar with Carbon Blanket treatments for
051851 - cancer, reported on 991109? ref SDS 32 0001
051852 -
051853 - Karen said she is unfamiliar with that method.
051854 -
051855 - She encourages patients and families to investigate methods they feel
051856 - comfortable trying.
051857 -
051858 -     [On 991111 Patty wants to her Dad to try the Carbon Blanket
051859 -     treatment. ref SDS 37 3196]
051860 -
051861 - Karen said she has three patients waiting for her.  She will call
051862 - back later this afternoon to discuss Bob's situation further.
051863 -
051864 -
051865 -
051866 -  ..
0519 -
0520 -
0521 - 2002 Karen called back
0522 -
052201 - Karen apologized for calling back so late.  She has had a difficult
052202 - day with a number of emergencies, since we talked this morning.
052203 - ref SDS 0 2850  She is calling from a cell phone driving home, so the
052204 - connection initially faded in and out, but now seems steady.
052205 -
052206 - I explained new plans to develop Medical coverage, rather than
052207 - Medicare.  As a result, discussions on information needed for that
052208 - effort will be coordinated directly by counsel. ref SDS 0 1710
052209 -
052210 - Karen said she is familiar with the Medical process and is willing to
052211 - submit information to assist the family and counsel on this matter.
052212 - ..
052213 - Karen plans to monitor Bob the rest of the week, and make a
052214 - decision on Friday about whether he should receive another week or so
052215 - of nursing home care to ensure professional treatment of emotional
052216 - difficulties that occur periodically. ref SDS 30 5328  Karen hopes
052217 - for continued improvement so she can release Bob to go home.
052218 -
052219 -     [On 991111 Kath indicated Bob will remain in hospital through the
052220 -     weekend, refusing further tests. ref SDS 38 5328]
052221 -
052222 - I thanked Karen for her help and courtesy.  Explained Kathleen has
052223 - really appreciated her professionalism in treating Bob, and also the
052224 - way Karen has been helpful to the family in dealing with a tragic
052225 - situation.
052226 -
052227 - Karen said to call back anytime if she can help further.
052228 -
052229 -
052230 -
052231 -  ..
052232 - Social Security Disability Application Forms Received
052233 -
052234 - Follow up ref SDS 33 3158, ref SDS 30 3158.
052235 -
052236 - Kathleen said she has received the forms to apply for Social Security
052237 - disability to get Medicare benefits to pay for Bob's medcial expenses.
052238 -
052239 - I explained we have not heard from Peter Brixie, per yesterday,
052240 - ref SDS 36 9688, and Madeline needs to speak to counsel about payments
052241 - of family assets.
052242 -
052243 -
052244 -
052245 -  ..
052246 - James Walker Developed Plan under Medical for Bob - $15K
052247 -
052248 - Follow up ref SDS 26 5933.
052249 -
0523 -
0524 -
0525 - 1641
0526 -
052601 - James returned call from last week.    530 889 0441
052602 -
052603 - He was recommended by Madelin Davis on 991105. ref SDS 25 4402
052604 -
052605 - Later on 991105 Katie Lynch called and got information about the case
052606 - to assist James' review. ref SDS 26 5933
052607 -
052608 - James reviewed his understanding of the situation from Katie's report.
052609 -
052610 -     [On 991111 thanked Katie for an effective report. ref SDS 38 3966]
052611 -
052612 - I made some clarifications to establish the following...
052613 -
052614 -     1.  Bob is 61 and has no medical insurance.
052615 -
052616 -         He has not worked for approximately 2 years for the reasons
052617 -         generally cited on 991106, ref SDS 27 4672, and specifically
052618 -         reported on 991103. ref SDS 20 4015
052619 -
052620 -     2.  OA 991101 Bob was diagnosed with pancreatec cancer.
052621 -
052622 -     3.  On 991103 he was admited as an emergency patient. ref SDS 20
052623 -         2528
052624 -
052625 -     4.  On 991104 1130 Madeline Davis Esq., assisted Bob in preparing
052626 -         a will, prior surgery planned for 1400 that day.  Ms. Davis
052627 -         has indicated plans to visit Bob again about the will, when
052628 -         the doctor clears him for visitors.
052629 -
052630 -     5.  On 991104 2130 there was an operation. About midnight the
052631 -         family was notified he has inoperable cancer.  Bob has about 2
052632 -         months. ref SDS 22 4899
052633 -
052634 -     6.  Bob's wife Kathleen is 56.  About a year ago she was awarded
052635 -         Social Secuirty Disability through the work of Peter Brixie,
052636 -         Esq.
052637 -
052638 -     7.  Doctor Karen Fogelberg (415 863 7874) plans to release Bob on
052639 -         Friday, 991112 for home care, or possibly a week of nursing
052640 -         home care.  She is prepared to support a filing for Medical
052641 -         coverage. ref SDS 0 1872
052642 -
052643 - ..
052644 - James feels Bob should apply for Medical rather than follow
052645 - planning on 991106 to seek Medicare coverage. ref SDS 27 4672
052646 -
052647 - He feels Bob cannot qualify for Medicare.
052648 -
052649 - James practice includes Medicare and Medical law.
052650 -
052651 - James feels he can guarentee coverage of all medical expenses under
052652 - Medical that will not require spending down any family assets by using
052653 - a trust, per below. ref SDS 0 5628
052654 -
052655 -     [On 991117 Walker seemed to retract planning to protect family
052656 -     retirement assets. ref SDS 40 3966
052657 -
052658 -     [On 991124 Kathleen reports Walker gave her a letter guarenteeing
052659 -     something, but the scope is not clear in the record. ref SDS 41
052660 -     0001]
052661 -
052662 - The letter to Peter Brixie cites a dual track effort in both Medicare
052663 - and Medical, ref DIP 11 5920, per 991108. ref SDS 30 6789
052664 -
052665 - James indicated that based on his experience he will avoid discussing
052666 - plans to apply for...
052667 -
052668 -
052669 -           retroactive determination of medicare disability
052670 -
052671 -
052672 - ...from work on 991103. ref SDS 20 2880
052673 -
052674 - James is familiar with the work of Greg Wilcox in Oakland, who was
052675 - referred by Trudy Nearn.  We reviewed Greg's call yesterday, making
052676 - the same point James is presenting today, that Medicare coverage is
052677 - not available to Bob, then calling back and revising his opinion based
052678 - on further research. ref SDS 33 5040
052679 -
052680 - James noted that while there may be grounds for Medicare coverage, no
052681 - one has ever done it, and he observed that we have contacted all of
052682 - the specialists in this area of law in Sacramento, and none have even
052683 - heard of this idea.
052684 -
052685 - Therefore, he would not feel comfortable staking Bob and Katheen's
052686 - interests on an untried theory applying for Medicare coverage, given
052687 - that he can solve the problem through Medical.
052688 -
052689 - The letter to Peter Brixi proposes a two track effort, filing for both
052690 - Medicare and Medical. ref DIP 11 5920
052691 - ..
052692 - James cited his guarentee that Medical will pay for all of Bob's
052693 - expenses, and maintain Kathleen's retirement account. He related a
052694 - variety of specific steps that have to be taken before the end of the
052695 - month, so we have to move quickly.
052696 -
052697 -     [On 991117 Walker reluctant to identify steps. ref SDS 40 3966]
052698 -
052699 -     [On 991124 Kathleen reports Walker gave her a letter guarenteeing
052700 -     something, but the scope is not clear in the record. ref SDS 41
052701 -     0001]
052702 - ..
052703 - There was indication that control of family assets would have to
052704 - be transferred to another person to manage in trust, like Patty, so
052705 - that Kathleen's eligibility to medical coverage is not impaired by
052706 - excessive assets, before age 65.
052707 - ..
052708 - I explained that Peter Brixie, Esq., has offered to assist
052709 - filing for Social Security Disability, as a step to qualify for
052710 - Medicare, per the record on 991108. ref SDS 30 7553
052711 -
052712 - James charges $250 per hour, and $95 per hour for paralegals.
052713 -
052714 - We can hire James by the hour.  He will accept $15K to guarentee
052715 - success getting Medical to pay for all expenses.
052716 -
052717 -     One possible advantage of James' Medical method is that it may
052718 -     avoid Kathleen having to assemble work history, medical history
052719 -     and obtain evidence under planning on 991106. ref SDS 27 5184 and
052720 -     ref SDS 27 1156
052721 -
052722 -     [On 991112 submitted planning to Kathleen for Walker to submit an
052723 -     estimate of cost and the steps he would take to protect family
052724 -     retirement assets. ref SDS 39 5312]
052725 -
052726 -     [On 991117 Walker did not provide the estimate of cost nor list
052727 -     the steps he would take; Rita advised Kathleen to pay Walker $15k
052728 -     for services. ref SDS 40 2438]
052729 - ..
052730 - I indicated that these terms seem attractive, and that James'
052731 - explanation of a plan to protect retirement assets under Medical
052732 - aligns with family's goals.  The family has no desire to "pioneer" new
052733 - Medicare entitlment law.
052734 -
052735 - James is leaving town tomorrow for a conference in Chicago on Elderly
052736 - Law.
052737 -
052738 - He will be back Tuesday, and would want to meet Tuesday, or Wednesday,
052739 - in order to ensure that November Medical bills are paid.
052740 -
052741 - My understanding is that Bob's expenses occurred in late October and
052742 - November, when he was hospitalized on 991103. ref SDS 20 2528
052743 -
052744 - I will send James a letter confirming understandings and planning a
052745 - meeting on 991116, with time to be confirmed by phone when James
052746 - returns to the office in the morning of 991116.
052747 -
052748 - If James has the opportunity to review this letter tonight or
052749 - tomorrow, and feels action is needed prior to 991116, he can call me
052750 - at 415 781 5700 or Kathleen at 916 723 7971
052751 -
052752 - James address....
052753 -
052754 -                     James A. Walker, Esq.
052755 -                     11879 Kemper Road #15
052756 -                     Auburn, CA  95603
052757 -                     Jamesw@eldercareresources.com
052758 -                     530 889 0441
052759 -
052760 - He has a web site...
052761 -
052762 -
052763 -                     http://www.nm.com/walker
052764 -
052765 -
052766 - He took my name and address to submit information on his services and
052767 - costs.
052768 -
052769 - I explained I can get it from his web site.
052770 -
052771 -
052772 -
052773 -  ..
0528 -
0529 -
0530 - 1804 called James back
0531 -
053101 - Left message explaining letter from CMISP, reported on 991107.
053102 - ref SDS 28 4866
053103 -
053104 - Submitted ref DIT 2 0001 linked to this record, and to the telecon
053105 - with Madeline on coordinating with counsel for medical expense
053106 - insurance on the asset distribution issue. ref SDS 36 2378
053107 -
053108 - Cited need to respond to CMISP OB 991115, per telecon with Madeline
053109 - this morning. ref SDS 36 6080
053110 -
053111 -     [On 991111 got notice that letter was not delivered.  Called and
053112 -     talked to Katie; sent letter again to Katie, and arranged for fax.
053113 -     ref SDS 38 3966
053114 -
053115 -     [...also arranged for Madeline to fax CMISP letter to Katie.
053116 -     ref SDS 38 1440]
053117 -
053118 - Explain Madeline's request to coordinate on payment of assets after
053119 - determination of method for paying medical expenses. ref Sds 36 9688
053120 -
053121 - Plan to meet with James on 991116 when he returns from Chicago, to
053122 - set terms and scope of work.
053123 -
053124 - Linked to discussion with Doctor Fogelberg this evening on plannig to
053125 - release Bob for home care on Friday. ref SDS 0 3224
053126 -
053127 - Sent copy to Kath, Patty and Madeline.
053128 -
053129 -
053130 -
053131 -
053132 -
053133 -
053134 -
053135 -
053136 -