Wednesday, August 1, 2012

Nightmare


It’s been just a little over a month since my 7th round of chemotherapy. I’ve been thinking like I’m in remission even though I won’t find that out until I get the results of my CT scan. The scan is August 9th but I wouldn’t find out right away about the verdict. I want to do more than I’m capable of because I’ve been doing so little for so long. I even tried to work out yesterday. I managed about 15 minutes and felt like I was dying afterwards. I had to take a long bath and a really long nap after that. I want to go back to feeling the way I felt before now, not slowly over time. Actually, I want to feel healthier, stronger, and more energetic. Hell, I want to fly. 

Last night I had a dream (nightmare) that I was at the cancer center and Dr. Gore was going over the results of my CT scan with me. Actually, it’s hard to remember the dream clearly but I don’t think he talked about the scan at all. He just told me I would be getting loads more chemo and he was switching me to harsher chemo drugs. I then started sobbing in the way only a hysterical child can while simultaneous uttering every imaginable combination of curse words. For some reason I ran out into the apocalypse going on outside and that was the end of the dream. 

I think I am down to just one medical bill for $350 for the surgery to remove my tumor (not including all the thousands of dollars in medical bills of the past that have gone to collection agencies because I could not pay them). I called the number on the bill and explained that I had a medical bill that I couldn’t afford to pay because I haven’t been able to work in a long time. The woman I talked to was extremely nice and said that there were charity programs that could help. She told me she would find out more and call me back. She did call me back a couple of hours later to tell me that my bill was too small for them to help! I told her that $350 might not seem big to a hospital as far as medical bills go, but to someone who currently has no income, it’s a lot of money. She couldn’t understand why I couldn’t just pay it and I couldn’t understand why I couldn’t be helped because my bill was “too small.” She said she would talk to her supervisor and call me back. That was over a week ago. I’ll take some preemptive ibuprofen and try calling again today. 

Final exams for both Summer II classes are on Friday, so now it’s back to telling myself I’m about to study while watching random videos on Youtube.

5 comments:

  1. oh.. I am so sorry that you have to go through this while being sick.. I dont know much about medicaid, but can they help you?

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    1. I'm trying to apply for something like that now but I won't know what will happen until September. I hope it works out!! :-)

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  2. I wouldn't worry about the bills. The larger ones will go through charity programs and get heavily discounted. What doesn't get marked as paid in full will be assigned to different collection agenices, which if they're not paid within 180 days, they'll be charged off against profits, which is just an accounting term, but most charged off medical debts are uncollectible and they lose value as receivables very quickly. Not too much later, they will be sold to junk debt buyers who may try to collect again. The junk debt buyer [jdb] may also sue you, but chances are they will not as this is expensive and they're chance of collecting anything are slim. If they do sue you, serve you correctly and win judgment, chances are it will be unenforceable anyay [unless you have assets or real property to which they can attach].


    It will fall off your credit completely 7 years from the date of first delinquency [DOFD]. The derogatory tradelines will stop affecting your credit score for the most part within 3 years of the DOFD. And, the statute of limitations [SOL] for them to sue you in Alabama is either 3 years or 6 years depending what type of papers you signed prior to treatment.

    Unfortunately, and this is counter-intuitive, if you don't have the money to pay, you're better off not talking to any collection agency or junk debt buyer. If you want to negotiate, do it with the original creditor, be that the hospital or radiology company or any other first party who rendered the original service. If they still own the debt, they can recall it from the collection agency or you can negotiate with these original creditors before it even goes to collections. Once handled by a third party, they will use anything you say against you. They will record the call, get you to confirm that the debt is yours and you will lose many of your rights under the FDCPA and it can possibly haunt you in the courtroom as well if you were to later try to deny allegations. I know your intentions are good, but once it's in third party collections and you don't have the money to pay, you're better off ignoring the phone calls, certainly not proactively calling them! If you want to respond to the letters they send, you should do so in writing. Any time a collection agency or junk debt buyer is first collecting on a new account, they are required to send you a "dunning" notice. This notice states you have the right to ask for a validation of the debt. If you do not do so within 30 days, they will assume the debt is valid. A timely validation letter sent by Certified Mail with a Requested Return Receipt [USPS "green card"] can often stop the collection agency in its tracks. Note: this letter is sent pursuant to FDCPA Sec. 809(b). You can also tell them to "cease&desist" all further communication with you. Be careful, though. C&D will stop all phone calls and letters, but it backs them into a corner whereby the only way they can legally collect from you is to either sell the debt to a different jdb or assign a different collection agency... or they may feel they have no choice but to sue you.

    In any event, this will all wash itself away in 7 years or less. Some "zombie debts" may emerge years later, but you won't have to worry about those since they won't be legally collectible.


    I'm just your everyday consumer attorney who happens to read your blog... sorry for the crash course in medical debt. I would recommend talking to a social worker at the hospital, sometimes they are helpful in giving you your options.

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    1. Thank you so much for all the helpful information! Most of the bills are a few years old so I don't get phone calls about them anymore. Part of the problems with these bills back then was that I was too depressed to care or attempt to look for help with them. I wondered if I should file for bankruptcy but it seems that maybe the medical bills will fall off quicker. It's a big, confusing mess to me but you've cleared a lot up and I really appreciate it!

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    2. Bankruptcy is an option. It's a fact that a lot of people who should file bankruptcy don't end up doing so for all sorts of misguided reasons.

      Chapter 7 Bankruptcy would put a very quick stop to everything. It's a public record, so it would follow you forever essentially, but would only stay on your credit for 10 years. But, you can get new credit established in as little as 1-3 years post bankruptcy, maybe sooner if you establish secured lines and loans.

      Bankruptcy is best when you are in danger of being sued, or are facing lawsuits you cannot win and/or cannot afford to defend against. Because there is an immediate "stay" to any actions your creditors might take against you. This is a federal right.


      With the right knowledge, you can fight collection agencies off fairly easily without filing bankruptcy. If your only bad debt is medical and you have little income, it's sort of a toss-up. Your chance of being sued is small and, as mentioned, the statute of limitations to sue in Alabama is only 3 or 6 years.

      To oversimplify, on a continuum, you have as best case scenario, not filing bankruptcy and not being sued and the unpaid collections age and go away 7 years from the DOFD. The second best option is filing bankruptcy and everything gets discharged, all the negative tradelines are marked IIB, or included in bankruptcy. The worst case scenario is not filing bankruptcy, 2-3 years go by, then you face several lawsuits. At that point, you can defend the lawsuits or file bankruptcy ... But, by doing so, you've lost several years. Essentially, you're behind the curve because you could have filed bankruptcy a few years ago and made it all go away then. It's a risk/reward thing. The bankruptcy is the sure thing, often times the best thing, but it depends on a myriad of factors.

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