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


S U M M A R Y


DIARY: November 11, 1999 09:13 AM Thursday; Rod Welch

Medical management and expense planning for Bob.

1...Summary/Objective
2...Review the Record for Orientation on Status and Planning
3...Doctor Plans to Keep Bob Hospitalized for Another Week
4...Bob Has Continued Emotional Difficulties, Refusing Treatment, Tests
5...Medicare Application Forms for Disability Received
6...Assemble Evidence of Disability
7...James Walker Developed Plan under Medical for Bob - $15K
.....Walker Provides Guidance on Filing Medicare Forms
8...Kathleen Needs Support of Family Member, Friend at Meeting
9...Retaining James Walker OA 991117
10...Medical Requires Audit and Paydown to a Limit of $83K


..............
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CONTACTS 
0202 - James A. Walker Law Offices          530 889 0441                                                                                                                  O-00000729 0101
020201 - Mr. James A. Walker, Esq.                                                                                                                                        O-00000729 0101
020202 - jamesw@eldercareresources.com                                                                                                                                    O-00000729 0101
0203 - James A. Walker Law Offices          530 889 0441                                                                                                                  O-00000729 0201
020301 - Ms. Katie Lynch                                                                                                                                                  O-00000729 0201
020302 - katiel@eldercareresources.com                                                                                                                                    O-00000729 0201
0204 - Harris & Brixie Law Office           916 658 1880                                                                                                              O-00000728 0102
020401 - Mr. Peter Brixie, Esq.                                                                                                                                           O-00000728 0102
020402 - bulldog@sna.com                                                                                                                                                  O-00000728 0102

SUBJECTS
Kathleen and Bob
Social Security Disability

0504 -    ..
0505 - Summary/Objective
0506 -
050601 - Follow up ref SDS 35 0000, ref SDS 32 0000.
050602 -
050603 - The doctor now plans to keep Bob in the hospital over the weekend,
050604 - rather that discharge him for home care on Friday.  Bob objects to
050605 - further treatment.  Kathleen and Madeline were unable to talk
050606 - yesterday about estate planning; Kathleen will be home all day today,
050607 - and so should be able to talk to Madeline on this.  Kathleen has
050608 - received Social Security Disability forms and will prepare them for
050609 - the meeting on on 991117 1330.  James Walker's office did not receive
050610 - the letter on hiring the firm for a Medical claim.  Millie faxed the
050611 - letter. Scheduled meeting with James Walker for 991117 0900 on filing
050612 - a Medical claim and reviewing Social Security disability filing.
050613 - Coordinated Walker responding to CMISP letter.
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 35 2544, ref SDS 32 2544.
051005 -
051006 - Kathleen said this morning that the computer is working.  She still
051007 - has not reviewed the record, because things were hectic yesterday.
051008 -
051009 - She will review the record this morning, per planning on 991106.
051010 - ref SDS 26 2544
051011 - ..
051012 - I explained the telecon with James Walker yesterday about filing
051013 - for Medical. ref SDS 35 3135
051014 -
051015 - Advised Peter Brixie has not returned calls since Monday, per
051016 - yesterday. ref SDS 35 4866
051017 -
051018 - Advised of letter to James Walker setting meeting with James at his
051019 - office in Auburn on 991116. ref DIP 13 0001
051020 -
051021 - Kathleen will review this today now that her computer and email system
051022 - are back online.
051023 -
051024 - Madeline left several messages for Kathleen yesterday, and each time
051025 - Kath called back, Madeline was not available.  So they played "phone
051026 - tag," because Kath was at the hospital with Bob. ref SDS 36 0001
051027 -
051028 - She slept at home for the first time last night to see how Bob would
051029 - do by himself over night.  She got 5 or 6 hours sleep.  However, the
051030 - hospital wants her to stay at the hospital again tonight, because it
051031 - didn't go very well last night.
051032 -
051033 -
051034 -
051035 -
051036 -  ..
051037 - Doctor Plans to Keep Bob Hospitalized for Another Week
051038 - Bob Has Continued Emotional Difficulties, Refusing Treatment, Tests
051039 -
051040 - Follow up ref SDS 35 5328, ref SDS 32 5328.
051041 -
051042 - Kathleen said Doctor Fogelberg has ordered some tests for guiding
051043 - treatment, but Bob is objecting to further treatment.
051044 -
051045 - The nursing staff is getting frustrated.  Patty mentioned on 991106
051046 - that nurses have commented on this. ref SDS 26 0855
051047 -
051048 - Kath indicated the Doctor feels Bob should stay in the hospital
051049 - through the weekend until Monday or Tuesday, and perhaps for the week,
051050 - depending upon how things go.  So he is not coming home tomorrow and
051051 - this is upsetting for everyone, especially Bob.  Last night Doctor
051052 - Fogelberg indicated plans to release Bob for home care tomorrow.
051053 - ref SDS 35 4070
051054 -
051055 -    [On 991112 Doctor explains prognosis to Bob, he wants to come home.
051056 -    ref SDS 38 5328]
051057 -
051058 -
051059 -  ..
051060 - Medicare Application Forms for Disability Received
051061 -
051062 - Follow up ref SDS 35 4866, ref SDS 32 4866.
051063 -
051064 - Kathleen has the forms to apply for Social Security Disability for Bob,
051065 - which were requested on 991108. ref SDS 29 1107
051066 -
051067 - She feels they are fairly simple to fill out.
051068 -
051069 - She said they just require a one year history of medical disability.
051070 -
051071 - We reviewed the record that for people under 65 we need 2 years, and
051072 - so have to file for...
051073 -
051074 -
051075 -            retroactive determination of medicare disability
051076 -
051077 -
051078 - ...under social security, per planning on 991106. ref SDS 26 4672
051079 -
051080 - Per discussion with Walker yesterday, discussed above, ref SDS 0 4386,
051081 - it appears an application to Medical should be made.  This has been
051082 - conveyed to James Walker in the letter yesterday. ref DIP 13 0001
051083 -
051084 - Kathleen can proceed with preparing a Medicare disability application,
051085 - and attend the meeting with the Carmichael office of Social Security
051086 - on 991117, which was scheduled on 991108. ref SDS 29 1107
051087 -
051088 - The only question is what level of support Peter Brixie can, will or
051089 - should provide.
051090 -
051091 -     (below Kath has meeting with Walker on 991117 0900 and he can
051092 -     provide guidance on filling out the forms. ref SDS 0 0855)
051093 -
051094 -
051095 -
051096 -  ..
051097 - Assemble Evidence of Disability
051098 -
051099 - Follow up ref SDS 35 2850, ref SDS 32 2850.
051100 -
051101 - Kathleen can prepare the forms and make the submission for Medicare
051102 - disability on 991117, per schedule on 991108. ref SDS 29 1107
051103 -
051104 - At the meeting the Social Security representative will indicate
051105 - additional evidence needed to support the filing.
051106 -
051107 - Maybe this can be discussed with Peter.
051108 -
051109 -     (below Kath may be able to do this review with James Walker at
051110 -     meeting Walker on 991117 0900 and he can provide guidance on
051111 -     filling out the forms to support meeting with Social Security at
051112 -     1330 in the afternoon. ref SDS 0 0855)
051113 -
051114 -
051115 -
051116 -
051117 -  ..
0512 -
0513 -
0514 - 1308 called Peter
0515 -
051501 - Left message that forms to apply for Social Security disability have
051502 - been received.
051503 -
051504 - Asked Peter to call about helping to prepare a filing, per his
051505 - suggestion on 991108. ref SDS 29 0312
051506 -
051507 -
051508 -
051509 -
051510 -
051511 -  ..
051512 - James Walker Developed Plan under Medical for Bob - $15K
051513 -
051514 - Follow up ref SDS 35 3966.
051515 -
051516 - After talking to Kathleen above...
0516 -
0517 -
0518 - 0921 called James Walker's office
0519 -
051901 - Talked to Katie Lynch.
051902 -
051903 - Katie remembered me from our discussions on 991105. ref SDS 25 5933
051904 -
051905 - I thanked her for following up with James and providing accurate
051906 - information so that he could determine if he could effectively
051907 - represent Bob.  Katie's work facilitated a constructive discussion.
051908 - ref SDS 35 3966
051909 -
051910 - I explained that the letter to James, ref DIP 13 0001 was reported
051911 - this morning as not having been delivered, but the system is still
051912 - trying.  This sometimes means the email directory is full.
051913 -
051914 - She would like to get the letter to James so she can review it and
051915 - include it in the case file, and be prepared to discuss details with
051916 - James when he calls from his travels.
051917 - ..
051918 - Katie asked if we have heard from the County?
051919 -
051920 - I explained that Kathleen received a letter addressed to Bob from
051921 - CMISP on 991107. ref SDS 27 4866   The letter requires a response on
051922 - 991115, and so the letter to James yesterday, asks for guidance on
051923 - making a timely response. ref DIP 13 0338
051924 -
051925 - Katie needs the letter.
051926 -
051927 - Kathleen faxed the letter to Madeline Davis, who yesterday advised it
051928 - should be reviewed by counsel handling medical expenses. ref SDS 36
051929 - 6080  Yesterday, after talking to James, I called back and left a
051930 - voice mail about the CMISP matter. ref SDS 35 0899
051931 - ..
051932 - I will notify Madeline to fax the CMISP letter to Katie.
051933 -
051934 -    This is done in the letter to Katie. ref DIT 1 1260,
051935 -
051936 -       [On 991112 Madeline faxed letter to Katie. ref SDS 38 6068]
051937 -
051938 - Katie gave her email address...
051939 -
051940 -
051941 -                      530 889 0284
051942 -
051943 -
051944 - I sent ref DIT 1 0001 to Katie transmitting the letter to James
051945 - Walker, ref DIP 13 0001, with a link to our discussion. ref SDS 35
051946 - 3966
051947 -
051948 - Sent copies to Madeline about faxing the CMISP letter to Katie.
051949 -
051950 - Sent copy to Kathleen and to Patty.
051951 -
051952 -
051953 -
0520 -
0521 -
0522 - 1145 called Katie back
0523 -
052301 - She hasn't received the email.
052302 -
052303 - They think there is definitely something wrong with the computer
052304 - system.  A technician is coming today to fix it.
052305 -
052306 - Katie will call Millie and request she print the letter for James
052307 - Walker and the attached SDS record, per planning above.
052308 -
052309 -
052310 -
0524 -
0525 - 1305 Millie here for lunch
0526 -
052601 - She got a call from Katie.  She logged onto the Internet, got the
052602 - letter to James, and printed it.  She clicked on the link to the
052603 - record of the discussion yesterday, ref SDS 35 0001, and printed that
052604 - also.  She faxed both documents to Katie.
052605 -
052606 -
0527 -
0528 - 1316 received call fro Katie
0529 -
052901 - She has the fax from Millie, and asked for assistance finding the part
052902 - of the record on the discussion with James. ref SDS 35 3966
052903 -
052904 - I explained to look for line 052248.
052905 -
052906 - Katie said that's easy.  She read some of the information, and said
052907 - James will like this kind of record.  This will help her prepare for
052908 - explaining the case when James calls in later today.
052909 -
052910 - Katie has not heard from Madeline about the getting a fax of the CMISP
052911 - letter, per above. ref SDS 0 1440
052912 -
052913 - I gave her Madeline's phone number to coordinate directly.
052914 -
052915 -
052916 -                      916 446 6462
052917 -
052918 -
052919J- Scheduled Meeting with James Walker for 991117 0900
052920 -
052921 - Katie asked if we should set up a meeting now for 991116 at the
052922 - Auburn office.
052923 -
052924 - I indicated that is our general plan as set out in the letter to
052925 - James. ref DIP 13 6768
052926 - ..
052927 - Katie suggested meeting on 991117 0900 because James can meet
052928 - Kathleen in the Sacramento office on Watt, which would save Kathleen a
052929 - 45 minute drive to the Auburn office.
052930 -
052931 - I agreed to that.
052932 -
052933 -      [On 991112 advised Kath meeting is in Sac not Auburn. ref SDS 38
052934 -      2544]
052935 -
052936 - Katie will send Kathleen a postcard confirming the meeting with
052937 - directions.
052938 -
052939 -
052940 -      ..
052941 -     Walker Provides Guidance on Filing Medicare Forms
052942 -
052943 -     This will permit Kathleen to get some guidance on filling out the
052944 -     Medicare Disability forms received today, per above, ref SDS 0
052945 -     4866, prior to the meeting with the Social Security office on
052946 -     991117 at 1330, per planning on 991108. ref SDS 29 1107
052947 -
052948 -
052949 -  ..
052950 - Kathleen Needs Support of Family Member, Friend at Meeting
052951 -
052952 - Katie asked if Kathleen can bring someone to support her in the
052953 - meeting, a family member or friend?
052954 -
052955 - I indicated that our cousin, Rita, may be able to attend the meeting
052956 - with Kathleen.  We will also try to arrange for Kathleen's daughter,
052957 - Patty, to visit for a few days from Southern California, and in that
052958 - case she will attend the meeting.  Patty has been a big help and is
052959 - effective on these matters.  I can visit on the phone to review case
052960 - history, as needed.
052961 -
052962 -    [On 991112 completed planning for Kath and Rita to attend the
052963 -    meeting. ref SDS 38 5312]
052964 -
052965 - Katie said she can arrange this.
052966 -
052967 -
052968 -
052969 -  ..
052970 - Retaining James Walker OA 991117
052971 - Medical Requires Audit and Paydown to a Limit of $83K
052972 -
052973 - Katie asked if we intend to hire the firm at the meeting?
052974 -
052975 - We discussed our intent to give James a fuller picture of the scope of
052976 - services and level of effort required, so he can advise Kathleen about
052977 - the best way to minimize cost.  Katie advised that James guarantee of
052978 - success, which he cited yesterday, ref SDS 35 7178, is included with
052979 - retainer agreement.  Following the meeting, we will notify the firm
052980 - later that day or the following day on the payment method.
052981 -
052982 - Katie indicated that Medical will required an audit of finances.
052983 - Funds above $83K may have to be managed in some way to avoid
052984 - excessive payout of family retirement funds.
052985 -
052986 - James pointed out yesterday, that accomplishing his plan under Medical
052987 - requires accomplishing a lot work before the end of November,
052988 - ref SDS 35 7178, so we realize immediate action on hiring Walker is
052989 - needed.
052990 -
052991 -
052992 -
052993 -
052994 -
052995 -
052996 -