Last chat session about SSDI

[Guest guest]

Hello All,

This evening Jim joined us to answer more questions about SSDI. As always, it

was very informative. For those of you who could not make it this evening, he

will be back next week (9-5-02). Please mark your calendars and plan on joining

us.

Here are the key questions and answers:

(MeanOleReadHead66)

Would getting CP listed with SSA give it anymore credibility in the medical

world (especially ER trips)?

Jim (SSDCavalry)

Perhaps. I can't give you a definitive answer, because I am not a member of the

medical profession. That said, it does add credence to, as Social Security now

gives credence to chronic fatigue syndrome under SSR 99-2P. Please note, CFS is

very nebulous, while pancreatitis is not. Pancreatitis is easier to diagnose

medically than CFS, because their are objective medical tests, which can

demonstrate CP. Also, you would want to see what the Center for Disease Control

says about CP. Or the National Institute of Health. Their word carries a great

deal of weight with SSA.

ReeAnn (ReeAnn)

Today I received a notice in the mail that I am schedule for an appointment with

an SSA physician. What advice can you give about this visit? Should I take

medical records? Anything special I should know about?

Jim (SSDCavalry)

This is the consultative exam. You can bring records, if you wish, but he may

not look at them. Let them know your pain, and the history and the progression

of your CP. You should go. I have learned over the years of doing this work how

to glean nuggets of gold from such exams. Explain your good and bad days. Or,

you bad and not so bad days. Please let him know of your frequent hospital

visits -- hospital records and tests are often very helpful.

ReeAnn (ReeAnn)

I have every intention of going... Need my case approved ASAP and not willing

to do anything to slow it down

Jim (SSDCavalry)

Also, note how long he spends with you. If it is less than ten minutes, write

it down. Make sure to note, whether he actually examines you or comes in, talks

to you and walks out. Also, if only a nurse examine you in the doctors stead,

note it. If the exam is of short duration and he does not seem to examine you,

write it down, sign and date it, make copies, and put the original in a sealed

envelope. Keep it, because if you go to a hearing and the CE is unfavorable to

you, you may need this letter to discredit the CE. If the CE does not examine

you and writes a favorable report, leave it be.

(MeanOleRedhead66)

This doesn't relate to CP but to my Mom. She was denied SSD, but now she gets

retirement and is still fighting for SSD... Is it true that once you hit a

certain age they will deny you every time? She has been fighting for it for 4

years now...will they go that far back?

Jim (SSDCavalry)

She can do it (fight for her past disability) to increase her retirement

benefit. But, I believe SSR 99-3P deals with this. People 65-72 are treated

like people from 60-64. Also, it is even easier to have a severe impairment for

step two of the disability process. However, she may have a date last insured

issue, depending on when she last worked and how many years before that in

which, she worked. They do not, once you reach any age, automatically deny you

every time.

Poncho (Poncho9191)

I got SSDI in May and became 60 years old in June, at my age should I expect a

review of my award ever?

Jim (SSDCavalry)

You will likely be reviewed at least once before you reach your retirement age

of 65 and so many months. You may not ever receive any notice, if (1) you grid

out, that is satisfy one of their vocational rules, or (2) You have had no

marked medical improvement.

Becky D. (Rekadaub)

While in the ICU, after being taken off life support, while still in a coma I

fell out of bed and now have a perm. disability can I take any action? This

happened in April 2001. I now have a perm. disability can I take any action?

Jim (SSDCavalry)

What type of disability or problem?

Becky D. (Rekadaub)

My right leg does not work, told I have neuropathy.

Jim (SSDCavalry)

Can you walk on it like before?

Becky D. (Rekadaub)

No, for 11 months I had a metal leg brace.

Jim (SSDCavalry)

If you received this injury at a hospital, you would need to talk to a lawyer in

your area who specializes in

medical malpractice to determine whether you have a case under that state's tort

law.

Thanks to everyone who attended and helped make this event a success.

Lots of Gentle Hugs,

ReeAnn

ReeAnn M. Betts

ReeAnn@...

Wisconsin Chapter Representative

National Membership Registration Chairperson

Pancreatitis Association, International

casca1012 has joined room #Pancreatitis_Chat

Pancreatitis Discussion

You have room administration powers

[pooh43078] hi casca!

[1denise] i have been searching for over a year now and finally got a chance to

search for this chat room

[chefmary] Hello Mark

[gwest1955] Hi Mark

[ReeAnn] Tonight we are waiting for Jim - a SSGI lawyer

casca1012> How is everyone

[1denise] pm on eastern time??

[pooh43078] ok

[] HI Mark

[ReeAnn] Hey Mark

[chefmary] Wonderful Here

casca1012> Stand by.....let me check on him

[1denise] Is he a regular

[] here... back is giving me fits

[pooh43078] no

[1denise] hi mark

[ReeAnn] Jim just signed on to AOL

[1denise] do any of you take dilaudid

[bruce] Hey dude

[] I did at the ER

[gwest1955] Okay it usually takes a minute for him to get online

[chefmary] used it once with no help

[1denise] i have it to tkae as needed

[pooh43078] What's the matter Bruce, feel out numbered with all us ladies! lol

[ReeAnn] If you have a question for Jim, pleas type in ?

[bruce] odds are bad

[pooh43078] We're harmless

[1denise] i applied for social secruity today

[pooh43078] All in the same boat!

[gwest1955] ReeAnn - are you going to monitor

[pooh43078] It's a looooong haul 1denise!

[1denise] said i should get it being that im in the hospital every month

[ReeAnn] And he will answer questions one at a time...

[ReeAnn] Yes I will do it..

[1denise] and what is jim

[ReeAnn] a SSDI lawyer

[pooh43078] An SSDI atty that specializes in panc patients!

[pooh43078] He's the best!

[ReeAnn] A special guest speaker tonight

[gwest1955] What ReeAnn is trying to explain is that Jim will answer one

question at a time and we have to put in a ? if we want to ask

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[1denise] she said today with my condition being the way that it is she is going

to put the applicatioin in right away

[pooh43078] HI JIM, ELICIA HERE!!

[gwest1955] She will then tell who is next

[ReeAnn] Hello Jim - How are you this eening?

[] that keeps the confusion down

[] Good evening Jim

[chefmary] hi Jim

[1denise] hi jim

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[pooh43078] No question, just a BIG HELLO from ELicia to Jim!!!

[1denise] how many kids does everyone have??

[] 5

[pooh43078] I have one daughter 23 and four step children!

[1denise] i have 3 boys

[1denise] wow how old is the oldest denise

[] I have 3 boys 2 girls

[] 17

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[pooh43078] Hi BK

[1denise] my oldest is 13

[pooh43078] Mine is 23

[sSDCAVALRY] Hi Everyone! I'm trying to learn how to use this new page.

[1denise] brb gotta fill up tub for son

[] Ok Are we ready to get started??

[pooh43078] HEY JIM!!

[ReeAnn] It is much like the other

[bK] Hi brett here for Australia how's everyone today

[gwest1955] If you push the float button in the upper right hand corner the box

is a better size

[sSDCAVALRY] I am sorry I am late - I was in LYnchburg, VA for a horrible

hearing!

[pooh43078] Did you win?

[ReeAnn] That is okay Jim

[sSDCAVALRY] The Ve was a rattlesnale and turned on the Judge and me. The Judge

is stuck if he

casca1012> How does everyone like the new chat room? if you click on controls

up top you have a few options which may help chating

[] how do I clear the page Mark?

[pooh43078] We all know you're busy Jim and appreicate you're taking the time to

be here.

[sSDCAVALRY] denies, the Appeals COunicl will remand -- if he awards, it will be

fine

[ReeAnn] Yes we do

[sSDCAVALRY] Ready

[ReeAnn] Okayt does anyone have a questions for Jim?

casca1012> Good question......not sure...I will have to look into that one

[gwest1955] ?

[ReeAnn] Go ahead Gail;

[pooh43078] ?

[chefmary] ?

[] thanks Mark

[gwest1955] Is there any legislation in the process that would help expidite

SSDI for pancreatitis

casca1012> I placed the last chat onto its own page, and will add this one also

if someone remembers to copy the chat and send it to me

[1denise] i have a question

[sSDCAVALRY] I think would know this better, but I doubt they

would make a special case for CP

[1denise] who is she

[] please use the ? so we can take questions in order

[gwest1955] okay thank you

[sSDCAVALRY] THe HIV people tried to get their cases expedited in the early

Clinton years, but it did not work.

[1denise] is having more than just chronic pancreatitis and say having bipolar

to my advantage??

casca1012>

http://www.top5plus5.com/Pancreas/SOCIAL%20SECURITY/SS%20chat%20session.htm is

where the last chat can

casca1012> be found...sorry didn't mean to step on anyone..just wanted to get

that info out

[sSDCAVALRY] No, you should mention both. A combination of impairments helps

your case. The more the merrier, so to speak.

[1denise] good because i applied today and i listed both

[] can I add to this Jim?

[sSDCAVALRY] If you do not knowof , I think Mark, , or

Reeann could explain who she is. All I will say is that she is wonderful. Done

[1denise] along with a leg injury

[ReeAnn] Okay Pooh Would you like to ask your question

[pooh43078] Are they even at the point of accepting CP as a total disability?

PLUS, did you get all the copies of my medical records that you needed? (Elicia

here!)

[1denise] i dont know who she is

[] I will give you the info you need after the chat ok ?

[1denise] ok great

[sSDCAVALRY] Ok Elicia -- I received everything and wrote a brief with

supporting materials to the Judge in your case. THey have not

[sSDCAVALRY] yet made CP its own listing. Right now it is evaluated under the

5.08 or 12.09 listings. CP really doe sneed its own listing. CC

casca1012> What can we do to help it become its own listing?

[sSDCAVALRY] Some one can befound disabled by CP alone, but they willusually

determine it as a pain case

[sSDCAVALRY] Done -- Mark, they takes lobbying with SSA

[sSDCAVALRY] I mean, that takes lobbying.

[ReeAnn] Okay Chef time for you questions

[chefmary] I am planning on having the pancreatectomy?islet cell surgery in

October or November

[chefmary] My SS case is on appeal. Should I wait to have the surgery doen ?

[pooh43078] Thanks Jim, hope to see you for a hearing soon! Anyone that is in

need of a GOOD SSDI atty, talk to JIM!!! I'm a big fan! Got to get back to bed,

good night and thanks! Hugs from Ohio, Elicia

[1denise] night elicia

[sSDCAVALRY] By the way, Mark, I like this setup better Good night , Elicia

[1denise] i am from ky neighnors

[1denise] neighbors*

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[sSDCAVALRY] Ok Chef -- do not wait -- do today what you may not bge able

to afford tomorrow

[sSDCAVALRY] Furthermore,

[sSDCAVALRY] Judge's drool over objective evidence like surgery. It should

enhance your case.

[sSDCAVALRY] Done

[chefmary] Thanks Jim

[ReeAnn] Oaky 1 - do you have a question for Jim?

[1denise] how much money should i get if i only qualify for social security ?

casca1012> Thanks Jim

[1denise] and how long does it take?

[sSDCAVALRY] It depends on what type of Social Security -- is it Title II (SSDI)

or Title XVI (SSI)

[1denise] she said i cant get disabilty

[1denise] i dont think i have worked long enough or enough

[sSDCAVALRY] SSDI depends on what you have paid into the system

[sSDCAVALRY] If you can't get social secuirty disability insurance (SSDI), then

[1denise] it would be just social secruity

[sSDCAVALRY] apply for SSI -- but this depends on your assets and income (Income

has a $500.00 a month threshold)

[1denise] what do you mean

[sSDCAVALRY] SSI -- Supplemental social insurance

[1denise] i hired an attorney

[chefmary] Good Night All. thanks for the advice Jim

[1denise] by thershold

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[1denise] he isnt getting paid unless i get paid

casca1012> ?

[sSDCAVALRY] Ask your attorney -- that's what they get paid for

[1denise] i meant threshold?

[ReeAnn] Are you ready for Mark's question Jim?

[1denise] they said 542 was max

[sSDCAVALRY] Yes, $500 is the limit you can receive in income forSSI Title XVI

eligibility.

[1denise] ok thanks!!!!!!

[sSDCAVALRY] Done

[ReeAnn] Okay mark - your Question

casca1012> Who do we talk to about starting or getting a lobbyist for us to make

pancreatitis a listing

[gwest1955] Can I add to this question please

[sSDCAVALRY] NOSSCR -- National Organization of Social Secuirty Representatives

and claimant's

[ReeAnn] As soon as Jim is ready Gail

[sSDCAVALRY] Mark -- I'll have to get you their info.

casca1012> that would be great...whenever you have time.......

casca@...

[sSDCAVALRY] They lobby SSA over everything. They are good people.

[sSDCAVALRY] Gotcha

[sSDCAVALRY] Done

[ReeAnn] Okay Gail go aheas

[ReeAnn] ahead

[gwest1955] Can we as members of the PAI organize to ask for their help and if

we

[gwest1955] contribute to them is it tax deductable

[1denise] whats PAI

[] I will give you that information after chatr also

[] chat

casca1012> http://www.pancassociation.org/

[1denise] ok thanks

[sSDCAVALRY] Well, I am not a tax attorney, so please note that first

[] no prob

[gwest1955] ?

[ReeAnn] ?

[sSDCAVALRY] You can organize, but you will, to receive donations, and learn the

rules on lobbying, have to get registered with the IRS, just like the United way

or Planned Parenthood

[sSDCAVALRY] All big assocaitons lobby and they ahve to adopt certain tax status

to do so, in order to distingquish themselves froma true charity..

[sSDCAVALRY] Catholic Charities, for example -- no lobbying, but NOSSCR, yes,

they lobby.

[sSDCAVALRY] Done

[ReeAnn] Okay Gail youhad another question

casca1012> ReeAnn> Okay Gail you had another question

[gwest1955] Is it better if we approach them as a group or as individual (I know

about the paperwork for 501©3 - but will get through it somehow) & I have that

paperwork for Karyn also

[gwest1955] them = NOSSCR

[sSDCAVALRY] Better as a group -- one person is only one person, but two or more

is a crowd of voters.

[gwest1955] ?

[sSDCAVALRY] Ooops -- I was answereing thinking of SSA

[sSDCAVALRY] For NOSSCR, one of you can approch on behal fo the group.

[sSDCAVALRY] group =PAI

[sSDCAVALRY] Done

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[ReeAnn] Okay I have a quesion along the same lines..

Please wait while admin console is coming up...

[sSDCAVALRY] Shoot

[ReeAnn] What kind of groups has the NOSSCR representated and how much success

have they had?

new page target:1denise

The room page target who is currently in the room is:

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Room moderators are:

Room moderators are:

[sSDCAVALRY] NOSSCR has primarily represented lawyers and representative of SSI

and SSDI claimants.

Room moderators are:

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[sSDCAVALRY] They lobby about listings also!

[sSDCAVALRY] They lobbied when they changed the old 1.05© vertobrogenci

disorder

[sSDCAVALRY] Their input helped to creat a new claimant frindly 1.04 listing. $

[sSDCAVALRY] So, they could conceivably help PAI in thieir quest to create a

pancreatic listing. Done

[gwest1955] Is there a way (or should we use) web-pages to somehow organize to

get names (petition?) NOSSCR for Pancreatitis Representation

[ReeAnn] Okay Gail - You have a question

[sSDCAVALRY] THE PAI leaders will have to determine what their strategy is in

enlisitng NOSSCRS help.

[sSDCAVALRY] They will have to choose leaders and liasons.

[sSDCAVALRY] A petition won;t be necessary, so much as contacting NOSSCR. Now

remeber,

[sSDCAVALRY] NOSSCR has their own agenda. They do work with other groups (M.S,

for example), but

[sSDCAVALRY] you eant to use them to learn how to lobby on your own. So that a

PAi member can sit in front of a

[sSDCAVALRY] Congressional committee on SSA and testify why such a listing is

needed, or push SSA to amend the lisitngs

[sSDCAVALRY] to include a rule making period that would allow for input on the

creation of such a listing.

[sSDCAVALRY] SSA will ask the opinion of medical professionals, by the way, in

creating such a listing. Done

[gwest1955] ?

[ReeAnn] Go Ahead Gail

[gwest1955] To the best of your knowledge has any other organization/group

initiated this process

[sSDCAVALRY] Yes, the HIV people helped to create the HIV listing in the early

1990s. Down's syndrome (10.06) and

[sSDCAVALRY] Autism (12.06) are the result of lobbying in the past few years.

[sSDCAVALRY] Autism is 12.10 -- anxiety is 12.06

[sSDCAVALRY] Sorry, done

[ReeAnn] Does any one else have any questions for Jim?

[gwest1955] ?

[ReeAnn] Go ahead Gail

[ReeAnn] ?

[gwest1955] You know I am full of them - Do you have a list of contact persons

within those organizations that would help us organize for Pancreatitis

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Pancreatitis Discussion

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[ReeAnn] Okay Thanks Gail

[sSDCAVALRY] I got the stuff REEANN - but I have not looked at it yet.

[ReeAnn] Are there any other organization such as this one that would help our

cause?

[sSDCAVALRY] Right now, I can't think of any -- let me look at some old back

issue sof he NOSSCR newsletter.

[] ?

[sSDCAVALRY] Folks, I am wiped out -- been up and down the state of VA today,

and all over PA and NJ the last 2 days so this si the last queston

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[ReeAnn] Thanks Jim for all your help

[] I was just wondering if we all couldn't lobby for this ourselves?

casca1012> no doubt......it is much appreciated......I will post this info on

the website also

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[sSDCAVALRY] PAI would be better -- bureacracys react wellto specail interest

groups

[] ok thank you Jim for all of yout ime and information

[ReeAnn] Thanks again for your time Jim

casca1012> Take it slow Jim and get some rest

[ReeAnn] You have given us some wonder information as always

[sSDCAVALRY] Good night everyone and hope you all have a good day tomorrow!

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[ReeAnn] You too!!

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[ReeAnn] Phew...........

SSDcavalry

Questions? I am currently representing 2 Chronic Pancreatitis claimants

ReeAnn

How are the cases going?

SSDcavalry

Sitting at the OHAs. The workup in some northern OHAs is very slow.

I do all sorts of case -- This week it was Carpal Tunnel, and Parkinsons.

Gwest (Gail)

Okay - I will start by asking what section of disability that we should pursue

to have Pancreatitis list under?

SSDcavalry

Right now they evaluate Chronic Pancreatitis under one of two listing. One of

the 5.00's and 12.09 substance abuse disorder. You do not 12.09. I do not

remember the 5.00 listing, but it is better to have a person 'grid out' or be

found not able to sustain competitive employment under SSR 96-8P. Actually, let

me add. 12.09 is what they use to deny people disability -- because they will

then say that your use of narcotic pain medication is a material and

contributing cause to your disability, i.e., you are a legal drug addict and,

because of this, most Judge's shy away from the listings for CP individuals.

ReeAnn

Does the judges shying away from the listings for a CP patient help or hinder

our cases?

SSDcavalry

It helps - because 12.09 has such bad connotations, and 5.08 is so difficult to

prove -- unless the doctor is a specialist. Furthermore it means that then you

must prove that person can't work due to his severe impairment. In one case,

the CP person was awarded because her pain and medications prevented her from

having the necessary persistence, pace and concentrations needed to work 8 hours

a day, 5 days a week or an equivalent schedule.

Casca (Mark)

You may have already answered this question but...what can the patient do to

prepare himself to fight the good fight?

SSDcavalry

Get all your medical records -- comply with your treating docs orders, and be

aware of your limitations, for example: Let's say you spend 1/2 and hour to and

hour a day on the internet (like now) A judge could construe your use of a

computer to mean that you could do a desk job, or that you are not credible when

you speak of your limitations. What you need to do is tell of your need for

breaks, that you do not do this every day, or on a sustained basis, that there

have been times you have been unable to keep up a simple 1/2 hour chat with a

friend due to pain, etc. But the best rule of thumb is what ole Slick Willie

said, 'Don't ask, don't tell.' And I add -- don't lie, but tell them the 'rest

of the store' -- if you walk a block one day -- how you need to rest after that

block, how'll you'll be down after pushing yourself and so on.

ReeAnn

I was told that the unrelenting diarrhea is a key factor in Chronic Pancreatitis

cases. What are your thoughts on this Jim?

SSDcavalry

Everything is on a case by case basis -- it is how bad and debilitating the

diarrhea is. If it is anything like Chrons it is unpredictable, and an

individual will frequently soils themselves. If this is the case and they wear

depends, carry extra underwear, stuff themselves with toilet paper, etc., it can

win a case and I have done so several times.

Casca (Mark)

Should the patient gather all of the medical records before submission rather

than wait for SS to gather it? Probably an obvious answer, but thought I would

ask anyway

SSDcavalry

It does not hurt because I have often found that SSA will miss records and in my

Chrons case last week, someone, twice, deliberately purged favorable records

from my claimant's file. Having your own allows you to protect yourself.

Kimber

What happens if, during your treatment, one of the doctors you saw has retired

and the office he was in has disbanded?

SSDcavalry

Usually the records are transferred or stored elsewhere. Sometimes, they are

destroyed.

Kimber

What happens if they have been destroyed?

SSDcavalry

Find out what has happened to them and get yourself a copy, if you can. If

destroyed, see if records were sent to other treating docs.

Casca (Mark)

Second part of my last question: Or how about info on the subject of

pancreatitis to submit with the file? Such as from a website or research that

one has completed. Will that help or hinder? Is it a waste of time or is it

beneficial? An example might be...amylase and lipase levels not being elevated

during an attack. We all know that doesn't always happen. Research that has

been done on the subject might help.

SSDcavalry

Don't overwhelm the judges. Objective medical evidence is what they need.

While you have to educate the Judge, many will not accept such evidence. It

does not hurt to offer it but, don't be surprised if the Judge returns it. If

anything, give the Judge to the website for PAI. Let him do research. Many

docs do not fully understand Chronic Pancreatitis, and so you want to help, but

not bury the Judge with information.

Casca (Mark)

It seems to me though, for instance, my medical records stand about 18 inches

high, you would be overwhelmed anyway, wouldn't he?

SSDcavalry

But as for your medical record, even if they are 18 inches high, dump them on

the Judge, so long as they are not cumulative.

Gwest (Gail)

Would a cover sheet with a synopsis and references be appropriate?

SSDcavalry

A one-two page summary of Chronic Pancreatitis is fine and you might want to

include what are the objective proofs of Chronic Pancreatitis.

ReeAnn

I would like to know if it is appropriate to submitted Chronic Pancreatitis

information to a case worker if your case has not reached the trial stage

SSDcavalry

Sure, but don't overwhelm them either.

Kimber

Back to Casca's question. What do you mean by 'not cumulative.' I don't

understand what you are trying to say.

SSDcavalry

Cumulative medical records are those that are irrelevant (no care about your

runny nose or allergies in a Chronic Pancreatitis case). The records must

relate to the problem, or, another sever impairment.

If one were to approach their doctor or nurse practitioner about how this

disease causes disability, what would be the most convincing description

(descriptor) when approach them to write to SS in your behalf.

SSDcavalry

Pain - swelling - discomfort - use of narcotic meds - being laid up with the

pain, an inability to complete tasks. ALWAYS, FOCUS ON THE PAIN. Don't forget,

any problems that may be caused by the Chronic Pancreatitis, such as diarrhea,

diabetes, fatigue, depression, etc.

ReeAnn

Stress always makes my symptoms worse, how does SSA look upon stress in cases

such as ours?

SSDcavalry

Stress -- they see it under 12.06 anxiety. You need to demonstrate the causal

relationship between your stress - personal financial problems from not working

that aggravate your symptoms. Let you doc know and if you see a shrink, pour

your heart out about your pain and the frustration it causes you to be limited

and how your problems aggravate your symptoms.

Lots of Gentle Hugs,

ReeAnn

ReeAnn M. Betts

ReeAnn@...

Wisconsin Chapter Representative

National Membership Registration Chairperson

Pancreatitis Association, International