THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
S U M M A R Y
DIARY: November 17, 1999 08:46 PM Wednesday;
Rod Welch
Received letters from Rita on meetings with Walker to help Kathleen.
1...Summary/Objective
2...Memorial Arrangements for Bob - Thanksgiving, and Saturday
3...James Walker Filing Medical Entitlement Claim, CMISP Letter
4...Kathleen Did not Apply for Medicare Disability, Nor Attend Meeting
..............
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CONTACTS
0204 - James A. Walker Law Offices 530 889 0441 fax 530 889 0284 O-00000729 0101
020401 - Mr. James A. Walker, Esq. O-00000729 0101
020402 - jamesw@eldercareresources.com O-00000729 0101
SUBJECTS
Kathleen and Bob
Rita
Turn Out the Lights, Rejecting SDS Record
0505 - ..
0506 - Summary/Objective
0507 -
050701 - Follow up ref SDS 31 0000, ref SDS 30 0000.
050702 -
050703 - Received confirmation from Kathleen on plans for Bob's memorial. In a
050704 - call this morning, James was pulling back from understandings on
050705 - 991110. In the afternoon Rita reported she and Kathleen had a
050706 - successful meeting with Walker at 0900. $50K is being paid to Bob's
050707 - brother, $15K is being paid to Walker, and Walker is receiving the
050708 - remainder of Kathleen's assets to hold in trust. They feel he is a
050709 - gem. Kathleen has designated Rita as her agent. Rita is streamlining
050710 - communications to help Kathleen. She advised that Kathleen did not
050711 - attend the meeting to file the application for Medicare disability to
050712 - pay for medical expenses, because of concern this could impact
050713 - Kathleens' separate disability entitlement.
050714 -
050715 - Submitted ref DIT 1 0001 to Kathleen linked to this record, and to
050716 - the revised notice of Bob's memorial.
050717 -
050718 -
050719 -
050720 -
050721 - ..
0508 -
0509 -
0510 - Discussion
0511 -
051101 - ..
051102 - Memorial Arrangements for Bob - Thanksgiving, and Saturday
051103 -
051104 - Follow up ref SDS 31 5328, ref SDS 30 5328.
051105 -
051106 - Received ref DRT 1 0001 from Kathleen....
051107 -
051108 - Please forward emails to all concerned re. Bobs memorial. Kathy
051109 - just let us know that Pastor Jay Pierce will be at my home at 3pm
051110 - on Saturday, 11/27/99. Open house will begin at noon til 4.
051111 - ref DRT 1 0001
051112 -
051113 - This adjusts preliminary planning from yesterday. ref SDS 31 5328,
051114 - where Rita initially planned for the minister to arrive OA 1300.
051115 - ref DRP 17 2752
051116 - ..
051117 - Per Rita's letter, ref DRP 17 0756, yesterday, ref SDS 31 5328,
051118 - and Kath's letter today, modified the letter on 991114, by adding the
051119 - time of the memorial, and for the minister's appearance to conduct a
051120 - service. ref DIP 17 0001
051121 -
051122 - Decided to remove the date and my signature block.
051123 -
051124 - Also added Bob's age, from the record on 991105. ref SDS 13 0988
051125 -
051126 - Transmitted the revised notification in the letter to Kathleen.
051127 - ref DIT 1 2958
051128 -
051129 - [On 991118 received approval from Kath. ref SDS 32 0001]
051130 -
051131 -
051132 - ..
051133 - James Walker Filing Medical Entitlement Claim, CMISP Letter
051134 -
051135 - Follow up ref SDS 31 3966, ref SDS 30 3966.
051136 -
051137 - James called this morning OA 0738 and left a message returning my call
051138 - from yesterday.
051139 -
051140 - I called him back about 10 minutes later at 0748.
051141 -
051142 - I asked if James reviewed the letter, ref DIP 13 0001, sent to him on
051143 - 991110, and the record or our discussion. ref SDS 23 3966
051144 -
051145 - James said he has glanced through a lot of information, but he is not
051146 - sure what has been reviewed.
051147 - ..
051148 - I asked if he reviewed the copy of the letter, ref DIP 16 0001,
051149 - to Kathleen on 991112 setting the agenda for the meeting this morning,
051150 - and the goals to be accomplished?
051151 -
051152 - We reviewed Katie's request for this letter to be resubmitted, and
051153 - that Katie indicated that the Walker firm had received it.
051154 -
051155 - James said he feels that his firm has done a lot of work and he needs
051156 - to first meet with the client about payment issues, before he reads a
051157 - lot more documents.
051158 -
051159 - We reviwed the need to confirm background of understandings from James
051160 - offer to perform services on 991110, as a basis to guide discussion in
051161 - the meeting this morning. ref SDS 23 3135
051162 -
051163 - James said he is not sure he can protect Kathleen's retirement assets
051164 - now. He mentioned something about a 30 day restrictions in the law,
051165 - and that he needs to talk things over with the client and make sure he
051166 - is hired.
051167 - ..
051168 - James seemed hurried and uncomfortable with the discussion so I
051169 - did not extend matters.
051170 -
051171 - The implication seems to be that a Medical beneficiary must have been
051172 - under a doctors care for 30 days. Since Bob died on 991113, that
051173 - requires a showing that treatment of some kind commenced OA 991013.
051174 - Ordinarily doctors have some flexibility in establishing the precise
051175 - date when treatment began, similar to fixing the date when Bob's
051176 - cancer began.
051177 -
051178 - I concurred that James should meet with Kathleen and Rita at 0900, and
051179 - that for the meeting to be productive, he needs to review the copy of
051180 - the letter to Kathleen showing goals and background, ref DIP 16 0001
051181 - otherwise things will be overlooked and rework will be needed to
051182 - ensure the client is adequately represented.
051183 -
051184 -
051185 - ..
0512 -
0513 -
0514 - 2135 received letter from Rita
0515 -
051501 - Rita called earlier and said they had a good meeting and she has sent
051502 - a letter to Walker with a copy to me confirming their understandings
051503 - today.
051504 -
051505 - I asked about coordination with Madeline's scope on estate planning,
051506 - per ref DIP 16 0756 Rita said James forgot to bring this up, so it can
051507 - be discussed next time.
051508 -
051509 - This evening received via email Rita's letter to me, ref DRT 2 0001,
051510 - confirming the earlier call, and transmitting a letter she sent to
051511 - Walker on their meeting this afternoon. ref DRT 3 0001
051512 - ..
051513 - Rita's letter to Walker was requested by Kathleen. ref DRT 2
051514 - 0001
051515 -
051516 - Rita related in our call today that James is a wonderful man who has
051517 - lots of ideas about how to help Kathleen preserve her retirement
051518 - income. She and Kathleen felt very good about the meeting. Her letter
051519 - says Walker "...was a gem. . .real focused and clear." ref DRT 2 0001
051520 - ..
051521 - Rita is being copied on correspondence from Walker to Kathleen,
051522 - and asks if I am also being copied. ref DRT 2 5913
051523 - ..
051524 - Rita's letter submits to Walker a statement evidently signed by
051525 - Kathleen authorizing Rita to act as Kathleen's agent. ref DRT 3 3780
051526 -
051527 - During our call, I indicated to Rita that "too many cooks can
051528 - spoil the broth." My impression from talking to James this
051529 - morning, ref SDS 0 3966, is that he will feel more comfortable
051530 - working with Kathleen and Rita, rather than me for the reasons
051531 - explained on 991031. ref DIP 7 6723
051532 -
051533 - Rita sent a 2nd letter to me this evening noting the "too many
051534 - cooks spoil the broth" idea. ref DRT 4 0001
051535 -
051536 - She requests Walker's email address. ref DRT 4 6237
051537 -
051538 - The letter submitted this evening does this. ref DIT 1 0001
051539 - ..
051540 - Since Kathleen is happy with the direction of events, the
051541 - working relationship may go smoother with less involvement by me.
051542 - This will reduce the burden on everyone of reviewing the record,
051543 - so that people can expedite to get things done more quickly, as
051544 - people hoped on 961206. ref SDS 1 5002
051545 -
051546 - Rita feels we are thinking along the same lines.
051547 -
051548 - She related suggestions to Kathleen today about streamlining
051549 - communications, which seems to be embodied by para 5 in the letter
051550 - to Walker. ref DRT 3 3780 Hopefully, this will make decision
051551 - making easier and save time. On 970110 this approach was used to
051552 - expedite work on the Oakland Harbor project. ref SDS 2 7768
051553 -
051554 - Rita asked me to confirm that I will be less active so that Rita
051555 - can help Kath more effectively.
051556 - ..
051557 - The letter submitted this evening does this. ref DIT 1
051558 - 0001
051559 -
051560 -
051561 - James recommended paying $50K to Bob's brother Dick based on
051562 - arrangements Bob made on 991102 the day Kathleen called and said he
051563 - was delerious and suffering greatly from pain. ref SDS 6 2997 and
051564 - ref SDS 6 9066
051565 -
051566 - Rita seemed to indicate that either she or Kathleen attempted to
051567 - ask about the grounds for this payment, and James was adament in
051568 - this recommendation. Rita did not mention any authority James may
051569 - have cited for this opinion, or whether James was asked for an
051570 - opinion letter to support his recommendation for the record.
051571 -
051572 - Kath plans to give Dick the $50K check when he comes up for the
051573 - memorial on 991127.
051574 - ..
051575 - Rita's letter to Walker submits a copy of the check.
051576 - ref DRT 3 9486
051577 -
051578 - The letter asks Walker to send an email to Rita that is a
051579 - "...firm, yet compassionate, statement for Richard Swanson to sign
051580 - upon receipt of this check." ref DRT 3 5293
051581 -
051582 - Not clear why Walker doesn't handle this himself?
051583 -
051584 - ..
051585 - Rita advised that Kathleen agreed to pay James $15K for his
051586 - services regardless of the effort he makes.
051587 -
051588 - Rita's letter cite's the $15K payment. ref DRT 3 6800
051589 -
051590 - Rita's letter says his assignment is to....
051591 -
051592 - ... pursue information and actions required for obtain Medical
051593 - coverage for medical costs. ref DRT 3 6800
051594 -
051595 - Is the $15K payable in advance or against billings?
051596 -
051597 - [On 991124 Kath says Walker provided a letter with a guarentee of
051598 - something. ref SDS 33 0001]
051599 - ..
051600 - It is unclear if James provided or plans to subsequently
051601 - submit a scope of services and cost for work prior to 991201, and
051602 - similarly the tasks and costs that may be required following
051603 - 991201, as set out in the letter to Kathleen on 991112.
051604 - ref DIP 16 6004
051605 -
051606 - The last para in Rita's letter asks Walker to submit a letter on
051607 - the results of the meeting, so possibly Walker will lay out
051608 - details on cost and schedule in his letter to Rita. ref DRT 3 5060
051609 -
051610 - Rita seemed to indicate in our telecon that if James does not
051611 - accomplish something, then Kathleen gets the $15K back, or does
051612 - not have to pay anything. She also indicated that James cannot
051613 - guarentee Kathleen something which I did not understand, so such a
051614 - guarentee requires review.
051615 - ..
051616 - These points on guarentee and refunds are not mentioned in
051617 - Rita's letter to Walker.
051618 -
051619 - James further asked Kathleen to liquidate the remainder of the assets
051620 - in the retirement account and sign it over to James to hold in trust,
051621 - pending the outcome of his efforts to qualify Kathleen for some
051622 - program to pay for medical bills.
051623 -
051624 - Rita's letter confirm's this point. ref DRT 3 2050
051625 -
051626 -
051627 -
051628 - ..
051629 - Kathleen Did not Apply for Medicare Disability, Nor Attend Meeting
051630 -
051631 - Follow up ref SDS 26 4866, ref SDS 20 4866.
051632 -
051633 - I asked about the meeting at 1330 to file the social security
051634 - disability application, cited in the agenda letter on 991112.
051635 - ref DIP 16 1144
051636 -
051637 - Rita seemed to indicate that James left it to Kathleen whether to
051638 - attend the meeting and file for recovery to pay for the medical
051639 - expenses, which, if successful, would protect all of Kathleen's
051640 - assets.
051641 -
051642 - It appears that James did not review the application nor comment on
051643 - whether to attend the meeting, and what to say if they attended.
051644 - ..
051645 - Rita noted that after the meeting with James Kathleen decided
051646 - not to show up for the meeting at the Social Security office because
051647 - of a concern that filing an application to obtain medicare insurance
051648 - coverage for Bob's medical expenses, would somehow impact the benefits
051649 - Kathleen is now receiving under a disability entitlement.
051650 -
051651 - I asked about the source for this understanding. Rita was not sure
051652 - why Kath formed this concern.
051653 -
051654 -
051655 -
051656 -
051657 -
051658 -
051659 -