starlynnb
06-11-2008, 05:27 PM
Please all the help I can get will be greatly appreciated. Thanks Also I have to add the evidecne part and re-do my exhibit info. Everything that has the blanks was a name.
Starlynn’s Medical Issue:
XXXX and I are expecting our third child. The expected due date is November 27th 2008. I am requesting xxxx to return back to the United States due to my medical issue. A healthy weight gain for a woman carrying a child is 25-30 lbs. (Exhibit A0) This increased weight could re-injure my back. I suffer from chronic low back and left leg pain caused by recurrent disk herniation. The recurring disk herniation causes me to feel a severe amount of pain, which is disabling to me. I am often unable to walk without excruciating pain.
Previously submitted on November 1st 2008 was medical history. I am briefly bullet pointing the back surgeries and physical therapy.
• March 2nd, 1998 first microdiscectomy surgery (Exhibit A1)
• August 12, 2004, my primary physician referred me to the Neuro Spine Center of Wisconsin, for a consultation regarding possible microdiscectomy surgery. (Exhibit A2)
• August 13, 2004, I underwent my second microsurgical discectonmy at Theda Clark Medical Center in Neenah, Wisconsin. (Exhibit A3) Following surgery I continued my treatment with outpatient physical therapy, chiropractic care and anti-inflammatory drugs.
• August 24, 2004, also September28, 2004 follow up on surgery. Improvements will return to work and be on a sedentary to light duty. Apt: 09/28/04 much improved and now essentially neurologically normal after undergoing redo of the left L4-L5 microdiscectomy. (Exhibit A4 & A5)
• September 30, 2005, I was referred to Neuro Spine Center of Wisconsin for another consultation regarding my reoccurring pain. (Exhibit A6)
• October 3, 2005 and October 5, 2005, I underwent Physical Therapy Initial Evaluations in an effort to avoid further surgery. Further review and consultation it was determined that I required additional surgery. (Exhibit A7 & A8)
• October 17, 2005, at Theda Clark Medical Center in Neenah, Wisconsin I underwent my third surgery. Following Surgery I continued physical therapy at the Neuro Spine Center of Wisconsin. (Exhibit A9)
• January 4, 2006 I was able to return to work from my October 17th surgery with a 50 lbs weight restriction. (Exhibit A10)
During these times I depend on my husband to take care of the household tasks, myself and our children. I am often bed-ridden leaving me unable to properly care for our children. In previous submitted affidavits from my family member my hardship becomes more evident. This is only 4 out of 9 that were submitted.
• Cousin, xxxxxx, states, “I would hate to think of what would happen if this problem happened when xxxx was going and there would be no one to really fully be able to help xxxx in this case.” (Exhibit A11)
• Aunt xxxxx, states, “A few days ago, xxxx stopped by my house, she could hardly stand. Her back was so sore from just one night of sleep. That is all it takes sometime, just laying in her bed, and “out” the back goes for days. xxxx is there to help her, thankfully, because she would not be able to lift a toddler or infant.” (Exhibit A12)
• Father xxxxx, states, “During xxxx frequent and recurrent periods of total physical disability due o ruptured vertebral disks she is utterly dependent upon xxxx as her sole care-giver. For days or weeks, it is necessary for him to assist her with every aspect of living including washing and dressing. During these times, xxxx also assumes complete responsibility for the needs of xxxx and xxx as well as a family’s home and garden. The direct and immediate effect of xxxxx absence will be that xxxxx will have no one available to care for her or their daughters when xxxx disability requires. It is a complete financial impossibility for xxxxxx, or in fact, any of our family, to hire the 24-hour care she will need at these times.” (Exhibit A13)
• Sister xxxxx, states, “With all of this extra work and taking care of their two children by herself Stephanie takes the risk of throwing out her back again. Stephanie has already had 3 back surgeries and continues to have back pain. A pain that is unimaginable to anyone that has never experienced it before leaving her completely disabled. During her last 2 back surgeries in 2005 & 2006 xxxxx was there to take care of her, the house and their family. She would have been lost without him. She wasn’t able to go to work, lift their daughter or take care of things by herself. She relied on her husband to take care of everything.” (Exhibit A13)
In a letter from Dr. Family Chiropractic Center, xxxxx Wisconsin, dated June 5, 2008. This letter states “She has had surgery; she’s had multiple episodes of LBP that causes total disability.” Dr. states “strongly recommends that she not move and live outside of the country for medical reasons related to her lower back.” (Exhibit) In January of this year I have went to see Dr. Rex Knauf 4 times, to be treated for my episode of LBP. (Exhibit) I may have health insurance but not the full bill was covered. (Exhibit) This had to be paid out of pocket; since xxxxx has been gone it is very difficult to stay positive on paying the bills.
As everyone has stated and I have shown all evidence with my chronic back issue you can fully see that the pain I experience is severe. I am unable to wash or dress myself when this issue arises. The pains also stop me from walking over a ½ mile or even sit for longer than one hour. I can’t stand for longer then one hour without increasing pain. My normal night sleep is interrupted and the pain restricts my social life. I live with this pain every morning when I wake up. It is more increasing when our children needed extra attention or help during the night. As you can see this is why it is imperative Hoscar return home before my chronic back pain causes more problems than it already is. With the birth of our third child approaching quickly I am in great fear of having a re-injure.
Daughter Medical Issue
xxxx has been suffering from Acute Otitis Media since February 26th, 2008 these dates show the service dates of all doctor visits, emergency room also triage calls (Affinity Health Nurse Direct). It will show a brief explanation as stated by the medical professional and medications that were advised. All supporting documents are attached.
February 26th 2008, Aurora Quick Care, WI
• xxxx was sent home from Day Care and had a temp. Diagnosis Acute Otitis media-Suppurative-Bilateral (double ear infection). xxx was prescribed antibiotic called Amoxicillin for 10 days. (See Attachment. Aurora Quick Care Encounter Detail. Pharmacy Report (Wal-mart Pharmacy)
April 12th 2008, Triage Call Affinity Health Nurse Direct, xxxxx WI (by phone) 2 Triage Calls
• xxxx is running a temp of 103-104 rectally. Note mild cold. Given Tylenol (pain relief/ fever reducer) dropped fever. Action to be taken, sponge bath and repeat Tylenol. See Attachment. (Report No: 0412-0085)
• xxxx has not had a decrease in temp from 103.5 R after last Tylenol 2 hrs ago. Action to take: Ibuprofen (pain relief/ fever reducer) every 6 hrs. Also discussed a clinic to take Emma to in the morning. See attachment (Report No: 0412-0100)
April 12th 2008, Calumet Medical Center xxxxx WI, Emergency Visit
Waiting on medical records
April 14th 2008, Affinity Medical Group xxxx WI, office visit Dr. Cxxxxx
• Well Child Check assessment and plan weight loss is discussed due to her Otitis Media Currently resolving. Continue antibiotic. Notify with any symptom change if she has fevers, decreased oral intake, or decreased urine output. See attachment (Report No. 0422-2170
April 23rd 2008, Affinity Medical Group xxx WI, office visit Dr. xxxx
• Follow up on Acute Otitis Media, currently resistant. Resulting in a new antibiotic called Suprax; this is a higher antibiotic then Amoxicillin. Also Cortisoporin ear solution, applying to both ears. This has been an ongoing ear infection for a couple of weeks now, referring to see an ENT. See attachment (Report No. 0428-1232 & 0505-0398) Pharmacy Report (Wal-mart Pharmacy)
May 13th 2008, Affinity Medical Group Chilton WI, office visit Dr. Neetu
• Follow up on Otitis Media currently battling for many moths now. Assessment, finish current antibiotic course. Keep ENT apt notify if she has any fevers or any discharge. See attachment (Report No. 0515-2046)
May 15th 2008, Affinity Medical Group Cxx WI, Nurse Note for Dr. Cxxx
• Day care called xxxs temp is at 102, mother was advised to call office if this would happen. Assessment plan is to restart all antibiotics. See attachment (Report No. 0515-0474) Pharmacy Report (Wal-mart Pharmacy)
May 16th 2008, Affinity Medical Group xxxxx WI, Nurse Note for Dr. xxxxrti
• xxxx is running a temp this morning; mother gave her a does of Tylenol @ 4:45 am. Day care called xxxx temp is now 101 directed to give her Ibuprofen. Patient is scheduled to follow up with Dr. xxxon 5/20/08. Proceed with medication. See Attachment (Report No. 0516-0213)
May 20th 2008, Affinity Medical Group xxxx WI, ENT office visit Dr. xxxx
Waiting on Medical records.
Due to xxxx Otits Media she was not able to attend daycare for 2 full days 4/11/08 also 4/14/2008. The policy at the Children’s Center is as states: any child running a temp of 101 will be sent home and can return after 24hrs with no medication and no fever. (See Attachment Children’s Center) I requested FMLA to cover the absences so I would not receive an occurrence due to our Attendance Policy. The FMLA request was not approved. (See attachment from Deb xxx HR Department, @ xxxx Stone Corporation.) Deb states, “Based on the guidelines the absences would not qualify for FMLA.” (See Attachment Employee Benefit Manual page number 3-6) Due to xxxx illness I received 2 points in our attendance policy. (See Attachment xxxl Stone Employee Handbook pg. 32-36) I was given a step in the progressive Disciplinary Process, in which I would have not received this verbal warning if Hoscar had been in the US tending to our children. (See attachment xxxxStone Employee Disciplinary Report) My attendance has not been a major problem but due to Emma’s illness this is why it put me over the limit. Before xxx was sent back to Mexico for his interview, he was a stay at home dad. Hoscar took care of any issues that our children had. There was no need for me to leave work and attend to our children. Since xxx was not clearly approved at his I-601 Waiver appointment, he had to return to Mexico. Currently at any time our children are sick I have to leave work. I do not have any family members that are not working during the day to take care of our children either. In the future, if our children or I are sick, before I leave work and request a vacation day, this will end up as an occurrence. At xxxx Stone if the children or I get sick at night we can’t call in a vacation day before the beginning of our shift we have to request it in a 2 day advance. (See attachment Buechel Stone Employee Handbook pg. 13-14) In the Employee Handbook it states “xxxxx Stone reserves the right to amend, modify, terminate and interpret this policy at its sole discretion at any time it deems necessary.” (See Employee Handbook pg. 36)
I am the sole provider in our household. Due to the fact that xxx is not in the US to take care of our children when it deems necessary, I am at high risk of losing my employment. The unemployment estimate rate in Wisconsin for 2008 according to Wisconsin Department of Workforce Development Website has been on average for a 4-month period is 5.3%. In xxxxx County, where our family resides the unemployed rate is on average for a 4-month period is 4.7%. The surrounding Counties, which are Mxxxx at 5.2% (Metropolitan Statistical Area), Outagamie County at 5.3%, Bxxxx County at 5%, xxxxx County at 6%. (See attachment provided by Wisconsin.gov website)
Currently, the hiring rates in Wisconsin and specifically the surrounding counties are very low. Also, I am currently pregnant and have a permanent weight lifting restriction of 50 pounds. (Exhibit) Therefore, losing my current employment atxxxxxx Stone Corporation would put my family in a serious and difficult financial position. In addition, my children and I would lose the valuable health insurance coverage we currently have through my employer. (Exhibit) It is imperative that my husband Hoscar return home soon.
Conclusion:
At Hoscar’s I-601 Waiver appointment we feel we clearly provided enough evidence on extreme hardship. I feel it important at this time to review his case and it is imperative that he return home before my current health situation puts me at risk of having another surgery; leaving me unable to care for our children and puts me at risk of losing my employment. Thank you for you time.
Starlynn’s Medical Issue:
XXXX and I are expecting our third child. The expected due date is November 27th 2008. I am requesting xxxx to return back to the United States due to my medical issue. A healthy weight gain for a woman carrying a child is 25-30 lbs. (Exhibit A0) This increased weight could re-injure my back. I suffer from chronic low back and left leg pain caused by recurrent disk herniation. The recurring disk herniation causes me to feel a severe amount of pain, which is disabling to me. I am often unable to walk without excruciating pain.
Previously submitted on November 1st 2008 was medical history. I am briefly bullet pointing the back surgeries and physical therapy.
• March 2nd, 1998 first microdiscectomy surgery (Exhibit A1)
• August 12, 2004, my primary physician referred me to the Neuro Spine Center of Wisconsin, for a consultation regarding possible microdiscectomy surgery. (Exhibit A2)
• August 13, 2004, I underwent my second microsurgical discectonmy at Theda Clark Medical Center in Neenah, Wisconsin. (Exhibit A3) Following surgery I continued my treatment with outpatient physical therapy, chiropractic care and anti-inflammatory drugs.
• August 24, 2004, also September28, 2004 follow up on surgery. Improvements will return to work and be on a sedentary to light duty. Apt: 09/28/04 much improved and now essentially neurologically normal after undergoing redo of the left L4-L5 microdiscectomy. (Exhibit A4 & A5)
• September 30, 2005, I was referred to Neuro Spine Center of Wisconsin for another consultation regarding my reoccurring pain. (Exhibit A6)
• October 3, 2005 and October 5, 2005, I underwent Physical Therapy Initial Evaluations in an effort to avoid further surgery. Further review and consultation it was determined that I required additional surgery. (Exhibit A7 & A8)
• October 17, 2005, at Theda Clark Medical Center in Neenah, Wisconsin I underwent my third surgery. Following Surgery I continued physical therapy at the Neuro Spine Center of Wisconsin. (Exhibit A9)
• January 4, 2006 I was able to return to work from my October 17th surgery with a 50 lbs weight restriction. (Exhibit A10)
During these times I depend on my husband to take care of the household tasks, myself and our children. I am often bed-ridden leaving me unable to properly care for our children. In previous submitted affidavits from my family member my hardship becomes more evident. This is only 4 out of 9 that were submitted.
• Cousin, xxxxxx, states, “I would hate to think of what would happen if this problem happened when xxxx was going and there would be no one to really fully be able to help xxxx in this case.” (Exhibit A11)
• Aunt xxxxx, states, “A few days ago, xxxx stopped by my house, she could hardly stand. Her back was so sore from just one night of sleep. That is all it takes sometime, just laying in her bed, and “out” the back goes for days. xxxx is there to help her, thankfully, because she would not be able to lift a toddler or infant.” (Exhibit A12)
• Father xxxxx, states, “During xxxx frequent and recurrent periods of total physical disability due o ruptured vertebral disks she is utterly dependent upon xxxx as her sole care-giver. For days or weeks, it is necessary for him to assist her with every aspect of living including washing and dressing. During these times, xxxx also assumes complete responsibility for the needs of xxxx and xxx as well as a family’s home and garden. The direct and immediate effect of xxxxx absence will be that xxxxx will have no one available to care for her or their daughters when xxxx disability requires. It is a complete financial impossibility for xxxxxx, or in fact, any of our family, to hire the 24-hour care she will need at these times.” (Exhibit A13)
• Sister xxxxx, states, “With all of this extra work and taking care of their two children by herself Stephanie takes the risk of throwing out her back again. Stephanie has already had 3 back surgeries and continues to have back pain. A pain that is unimaginable to anyone that has never experienced it before leaving her completely disabled. During her last 2 back surgeries in 2005 & 2006 xxxxx was there to take care of her, the house and their family. She would have been lost without him. She wasn’t able to go to work, lift their daughter or take care of things by herself. She relied on her husband to take care of everything.” (Exhibit A13)
In a letter from Dr. Family Chiropractic Center, xxxxx Wisconsin, dated June 5, 2008. This letter states “She has had surgery; she’s had multiple episodes of LBP that causes total disability.” Dr. states “strongly recommends that she not move and live outside of the country for medical reasons related to her lower back.” (Exhibit) In January of this year I have went to see Dr. Rex Knauf 4 times, to be treated for my episode of LBP. (Exhibit) I may have health insurance but not the full bill was covered. (Exhibit) This had to be paid out of pocket; since xxxxx has been gone it is very difficult to stay positive on paying the bills.
As everyone has stated and I have shown all evidence with my chronic back issue you can fully see that the pain I experience is severe. I am unable to wash or dress myself when this issue arises. The pains also stop me from walking over a ½ mile or even sit for longer than one hour. I can’t stand for longer then one hour without increasing pain. My normal night sleep is interrupted and the pain restricts my social life. I live with this pain every morning when I wake up. It is more increasing when our children needed extra attention or help during the night. As you can see this is why it is imperative Hoscar return home before my chronic back pain causes more problems than it already is. With the birth of our third child approaching quickly I am in great fear of having a re-injure.
Daughter Medical Issue
xxxx has been suffering from Acute Otitis Media since February 26th, 2008 these dates show the service dates of all doctor visits, emergency room also triage calls (Affinity Health Nurse Direct). It will show a brief explanation as stated by the medical professional and medications that were advised. All supporting documents are attached.
February 26th 2008, Aurora Quick Care, WI
• xxxx was sent home from Day Care and had a temp. Diagnosis Acute Otitis media-Suppurative-Bilateral (double ear infection). xxx was prescribed antibiotic called Amoxicillin for 10 days. (See Attachment. Aurora Quick Care Encounter Detail. Pharmacy Report (Wal-mart Pharmacy)
April 12th 2008, Triage Call Affinity Health Nurse Direct, xxxxx WI (by phone) 2 Triage Calls
• xxxx is running a temp of 103-104 rectally. Note mild cold. Given Tylenol (pain relief/ fever reducer) dropped fever. Action to be taken, sponge bath and repeat Tylenol. See Attachment. (Report No: 0412-0085)
• xxxx has not had a decrease in temp from 103.5 R after last Tylenol 2 hrs ago. Action to take: Ibuprofen (pain relief/ fever reducer) every 6 hrs. Also discussed a clinic to take Emma to in the morning. See attachment (Report No: 0412-0100)
April 12th 2008, Calumet Medical Center xxxxx WI, Emergency Visit
Waiting on medical records
April 14th 2008, Affinity Medical Group xxxx WI, office visit Dr. Cxxxxx
• Well Child Check assessment and plan weight loss is discussed due to her Otitis Media Currently resolving. Continue antibiotic. Notify with any symptom change if she has fevers, decreased oral intake, or decreased urine output. See attachment (Report No. 0422-2170
April 23rd 2008, Affinity Medical Group xxx WI, office visit Dr. xxxx
• Follow up on Acute Otitis Media, currently resistant. Resulting in a new antibiotic called Suprax; this is a higher antibiotic then Amoxicillin. Also Cortisoporin ear solution, applying to both ears. This has been an ongoing ear infection for a couple of weeks now, referring to see an ENT. See attachment (Report No. 0428-1232 & 0505-0398) Pharmacy Report (Wal-mart Pharmacy)
May 13th 2008, Affinity Medical Group Chilton WI, office visit Dr. Neetu
• Follow up on Otitis Media currently battling for many moths now. Assessment, finish current antibiotic course. Keep ENT apt notify if she has any fevers or any discharge. See attachment (Report No. 0515-2046)
May 15th 2008, Affinity Medical Group Cxx WI, Nurse Note for Dr. Cxxx
• Day care called xxxs temp is at 102, mother was advised to call office if this would happen. Assessment plan is to restart all antibiotics. See attachment (Report No. 0515-0474) Pharmacy Report (Wal-mart Pharmacy)
May 16th 2008, Affinity Medical Group xxxxx WI, Nurse Note for Dr. xxxxrti
• xxxx is running a temp this morning; mother gave her a does of Tylenol @ 4:45 am. Day care called xxxx temp is now 101 directed to give her Ibuprofen. Patient is scheduled to follow up with Dr. xxxon 5/20/08. Proceed with medication. See Attachment (Report No. 0516-0213)
May 20th 2008, Affinity Medical Group xxxx WI, ENT office visit Dr. xxxx
Waiting on Medical records.
Due to xxxx Otits Media she was not able to attend daycare for 2 full days 4/11/08 also 4/14/2008. The policy at the Children’s Center is as states: any child running a temp of 101 will be sent home and can return after 24hrs with no medication and no fever. (See Attachment Children’s Center) I requested FMLA to cover the absences so I would not receive an occurrence due to our Attendance Policy. The FMLA request was not approved. (See attachment from Deb xxx HR Department, @ xxxx Stone Corporation.) Deb states, “Based on the guidelines the absences would not qualify for FMLA.” (See Attachment Employee Benefit Manual page number 3-6) Due to xxxx illness I received 2 points in our attendance policy. (See Attachment xxxl Stone Employee Handbook pg. 32-36) I was given a step in the progressive Disciplinary Process, in which I would have not received this verbal warning if Hoscar had been in the US tending to our children. (See attachment xxxxStone Employee Disciplinary Report) My attendance has not been a major problem but due to Emma’s illness this is why it put me over the limit. Before xxx was sent back to Mexico for his interview, he was a stay at home dad. Hoscar took care of any issues that our children had. There was no need for me to leave work and attend to our children. Since xxx was not clearly approved at his I-601 Waiver appointment, he had to return to Mexico. Currently at any time our children are sick I have to leave work. I do not have any family members that are not working during the day to take care of our children either. In the future, if our children or I are sick, before I leave work and request a vacation day, this will end up as an occurrence. At xxxx Stone if the children or I get sick at night we can’t call in a vacation day before the beginning of our shift we have to request it in a 2 day advance. (See attachment Buechel Stone Employee Handbook pg. 13-14) In the Employee Handbook it states “xxxxx Stone reserves the right to amend, modify, terminate and interpret this policy at its sole discretion at any time it deems necessary.” (See Employee Handbook pg. 36)
I am the sole provider in our household. Due to the fact that xxx is not in the US to take care of our children when it deems necessary, I am at high risk of losing my employment. The unemployment estimate rate in Wisconsin for 2008 according to Wisconsin Department of Workforce Development Website has been on average for a 4-month period is 5.3%. In xxxxx County, where our family resides the unemployed rate is on average for a 4-month period is 4.7%. The surrounding Counties, which are Mxxxx at 5.2% (Metropolitan Statistical Area), Outagamie County at 5.3%, Bxxxx County at 5%, xxxxx County at 6%. (See attachment provided by Wisconsin.gov website)
Currently, the hiring rates in Wisconsin and specifically the surrounding counties are very low. Also, I am currently pregnant and have a permanent weight lifting restriction of 50 pounds. (Exhibit) Therefore, losing my current employment atxxxxxx Stone Corporation would put my family in a serious and difficult financial position. In addition, my children and I would lose the valuable health insurance coverage we currently have through my employer. (Exhibit) It is imperative that my husband Hoscar return home soon.
Conclusion:
At Hoscar’s I-601 Waiver appointment we feel we clearly provided enough evidence on extreme hardship. I feel it important at this time to review his case and it is imperative that he return home before my current health situation puts me at risk of having another surgery; leaving me unable to care for our children and puts me at risk of losing my employment. Thank you for you time.