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December 4, 2009
CAMILLA KOCHENDERFER, PLAINTIFF,v.RELIANCE STANDARD LIFE INSURANCE COMPANY, GROUP LONG TERM DISABILITY INSURANCE PLAN FOR ANESTHESIA SERVICE MEDICAL GROUP, DEFENDANTS.
The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge
ORDER: (1) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND (2) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. Nos. 50 & 51)
Presently before the Court are the parties' Cross motions for summary judgment. (Doc. Nos. 50 ("Def.'s MSJ") & 51 ("Pl.'s MSJ").) Also before the Court are the parties' responses in opposition and replies. (Doc. Nos. 54 ("Opp. to Pl.'s MSJ"), 61 ("Opp. to Def.'s MSJ"), 64 ("Reply to Def.'s MSJ"), & 66 ("Reply to Pl.'s MSJ").) Having reviewed the parties' arguments, the administrative record, and the underlying law, the Court GRANTS Plaintiff's motion for summary judgment and DENIES Defendant's motion for summary judgment.*fn1
Plaintiff Camilla Kochenderfer was a board certified anesthesiologist for twenty five years and employed by Anesthesia Services Medical Group from 1987 to 2000. (Administrative Record (AR) at 754.) Through her employment, Plaintiff was the beneficiary of a long term disability policy insured by Defendant. (Id. at 582--608.) She brings this case pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq, alleging that Defendant is not paying her the disability benefits to which she is entitled. (See, e.g., First Amended Complaint ¶¶ 1, 168.)
Plaintiff's policy provided benefits where she "(1) is Totally Disabled as the result of a Sickness or Injury covered by [the] Policy; (2) is under the regular care of a Physician; (3) has completed the Elimination Period; and (4) submits satisfactory proof of Total Disability." (Id. at 597.) For the first thirty six months of disability the policy applied the "own occupation" standard, defining "Totally Disabled" as unable to "perform the material duties of his/her regular occupation." (Id. at 589.) Subsequently, the analysis shifted to an "any occupation" standard, where the insured was totally disabled if she could not "perform the material duties of any occupation" "that [her] education, training or experience will reasonably allow." (Id.)
Plaintiff suffers from degenerative arthritis in both hips. (See, e.g., id. at 1163.) In November of 2000 Plaintiff had hip replacement surgery on her left hip.*fn2 (Id. at 751.) She filed for disability benefits following her surgery, which were awarded for the period of January 29, 2001 to May 4, 2001. (Id. at 634--35.) Defendant then decided that Plaintiff was not totally disabled. (Id. at 629--31.) It informed her of that decision on January 18, 2002. (Id.) Plaintiff appealed, providing additional documentary information which she believed bore on her ability to perform "the material duties of [her] regular occupation." (Id. at 568--74.) Defendant submitted these documents to Dr. Harold Markowitz, an orthopedic surgeon, for a "peer review." (AR at 948--72.) Dr. Markowitz concluded that Plaintiff was totally disabled under the "own occupation" standard. (Id. at 958.) Simultaneously, Defendant requested that Plaintiff submit to an "independent medical examination" (IME). (Id. at 547.) Plaintiff refused, offering several reasons, such as that the IME should have been conducted prior to the initial denial, and that her claim was closed. (Id. at 521--22.) Nonetheless, Plaintiff's benefits were reinstated on October 23, 2002. (Id. at 511.)
In 2004, Plaintiff exited the "own occupation" disability period and entered the "any occupation" period. Defendant "invited Plaintiff to submit any medical or vocational information and included a Disability Review Questionnaire for her to complete." (Def.'s MSJ at 8 (citing AR at 476--79).) Plaintiff completed and submitted the questionnaire. Her answers set forth her day-to-day activities and generally reflected her belief she could not perform any occupation given her physical limitations. (AR at 831--41.)
While Plaintiff was gathering additional documentary information, Defendant used her medical records to perform a residual employability analysis to identify "occupations suitable for Plaintiff based on her physical limitations, education and work history." (Def's MSJ at 11.) First, a nurse, Barbara Finnegan, performed a "Medical/Vocational Review" of Plaintiff's medical records to determine Plaintiff's restrictions and limitations. (AR at 1135.) She concluded, based on the records provided, that Plaintiff would be capable of full time sedentary work where she had the ability to change position. (Id.) Next, this report was given to Jody Barach in order to create a "Transferable Skills Analysis" report. (Id. at 1130--34.) Based solely on Ms. Finnegan's review, this report lists Plaintiff's education, training, and work history, states six "Transferable Skills and Abilities," and finally offers "a representative list of (five) occupations that the claimant can perform based on her transferable skills and in consideration of her education, vocational experiences and medical limitations." (Id.) The occupations listed are classified as "Sedentary," because they require "Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects, including the human body. Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met."*fn3 (Id. at 1131)
Plaintiff subsequently submitted additional documents, including four of particular note. The first was a report of an examination by Dr. Richard Santore, the doctor responsible for her hip replacement and follow-up care. (Id. at 914.) Dr. Santore noted that Plaintiff was "having pain at rest" and "having difficulty sleeping at night." (Id.) He also stated that "[s]he was active quite a bit out of town trying to take care of her mother with advancing stages of dementia in the Midwest." (Id.) Regarding recent x-rays, the doctor reported "no evidence of an accelerated arthritic process" but reiterated that Plaintiff "has unequivocal arthritis secondary to displasia manifested by subluxation and narrowed joint space." (Id.) He concluded:
There is no question that she will require a total hip replacement in the not too distant future. Given the relative stability, however, I am not recommending this at this time unless she were to insist upon it. She clearly has a disability which limits her to theoretical occupations that would include light work or semi-sedentary work only. Even working in an outpatient anesthesia environment would be too taxing for the hip. Executive type work could potentially be contemplated, as long as periods of standing and sitting could be modulated at her discretion. (Id.)
Plaintiff's second notable document was a vocational assessment by Roger Thrush, Ph.D. (Id. at 825--30.) Dr. Thrush's report discusses Plaintiff's restrictions and concludes that "Due to her functional limitations, Dr. Kochenderfer absolutely could not carry out the material duties of any full-time sedentary occupations and is certainly unable to perform the full range of sedentary work which requires the ability to sit for prolonged periods of time throughout the day." (Id. at 826--27, 829 (emphasis in original).)
Third, Plaintiff submitted the results of a "functional capacity evaluation." (Id. at 332--37.) The evaluation occurred over the course of two days and lasted three hours on each day. (Id. at 333.) Plaintiff was able to complete all of the tasks required of her for the evaluation. (Id. at 336.) However, the report noted that Plaintiff began the testing reporting a pain level of "2/10," but by the end of the second day her pain had risen to a reported "7/10." (Id. at 336.) Plaintiff also felt the need to subsequently take a Vicodin and spend the next day in bed. (Id.) Based on her substantial pain, the report concluded that Plaintiff "does not currently have the capacity to work on either a part or full time basis." (Id. at 337.)
The final document was a report by Dr. Santore from a February 17, 2004 examination. (Id. at 915.) It notes Plaintiff's "considerably greater difficulty walking," "more pronounced limp on the right side," and significant tendonitis of the right shoulder. (Id.) Further, Dr. Santore states that his "comments of January 20th were overly optimistic" and that Plaintiff's condition would limit her to jobs where she "could work from home or travel into an office at [her] discretion, could read reports and make decisions in a comfortable sitting and/or lying position, could occasionally travel to visit work sites, but could not stand or sit for prolonged uninterrupted periods of time." (Id.) He also notes his agreement with Dr. Thrush's conclusions and his own lack of "understanding of the legal implications of words that are used in medical reports." (Id.)
On March 12, 2004, Defendant informed Plaintiff that it was terminating her benefits based on non-disability. (Id. at 418--20.) Plaintiff appealed this decision, submitting more than 350 pages of additional records and information. As part of its consideration of this appeal, Defendant sent Plaintiff's records to Dr. William Hauptman for review. (Id. at 898--908.) Dr. Hauptman concluded that the medical records suggested that Plaintiff was capable of full time sedentary employment. (Id. at 907.) He also recommended that Plaintiff undergo an IME. Plaintiff, however, again refused. (Def's MSJ at 14--16.) Defendant also engaged a company to perform surveillance on Plaintiff. (Id. at 13--14.)
During the course of the appeal, Plaintiff continued to submit further documentation to Defendant, including statements by Dr. Santore and Dr. Thrush criticizing Dr. Hauptman's analysis and conclusions. (AR at 316--24.) Dr. Hauptman reviewed these further submissions, but his opinion remained unchanged. (Id. at 897.)
On March 7, 2005, Defendant denied Plaintiff's appeal, stating that Plaintiff had failed to meet her burden of proof. (Id. at 2.) This suit was filed on March 21, 2006.
Summary judgment motions allow courts to identify and dispose of factually unsupported claims. Celotex Corp. v. Cattrett, 477 U.S. 317, 323--24 (1986). Generally, such a motion may be granted when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c).
In ERISA cases, however, the summary judgment analysis proceeds in a slightly different manner. In reviewing these motions the Court must determine the appropriate standard of review, either de novo or deferential. This determination "should be 'guided by principles of trust law.'" Metro. Life Ins. Co. v. Glenn, - U.S. -, 128 S.Ct. 2343, 2347 (2008) (quoting Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 111--13 (1989)). That is, the Court "should analogize a plan administrator to the trustee of a common-law trust; and it should consider a benefit determination to be a fiduciary act (i.e., an act in which the administrator owes a special duty of loyalty to the plan beneficiaries)." Id. According to the Supreme Court, "[p]rinciples of trust law require courts to review a denial of plan benefits 'under a de novo standard' unless the plan provides to the contrary." Id. at 2348 (citing Firestone, 489 U.S. at 115). However, if the plan grants the administrator discretion in determining eligibility, "'[t]rust principles make a deferential standard of review appropriate.'" Id. (citing Firestone 489 U.S. at 111).
"[W]here the abuse of discretion standard applies in an ERISA benefits denial case, 'a motion for summary judgment is merely the conduit to bring the legal question before the district court and the usual tests of summary judgment, such as whether a genuine dispute of material fact exists, do not apply.'" Nolan v. Heald Coll., 551 F.3d 1148, 1154 (9th Cir. 2009) (quoting Bendixen v. Standard Ins. Co., 185 F.3d 939, 942 (9th Cir. 1999)). "An ERISA administrator abuses its discretion only if it (1) renders a decision without explanation, (2) construes provisions of the plan in a way that conflicts with the plain language of the plan, or (3) relies on clearly erroneous findings of fact." Boyd v. Bert Bell/Pete Rozelle NFL Players Retirement Plan, 410 F.3d 1173, 1178 (9th Cir. 2005) (citing Bendixen, 185 F.3d at 944). "A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing [body] on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Id. (quoting Concrete Pipe and Prods. of Cal., Inc. v. Constr. Laborers Pension Trust for S. Cal., 508 U.S. 602, 622 (1993)). Courts should "uphold the decision of an ERISA plan administrator 'if it is based upon a reasonable interpretation of the plan's terms and was made in good faith.'" Id. (quoting Estate of Shockley v. Alyeska Pipeline Serv. Co., 130 F.3d 403, 405 (9th Cir.1997)).
Where deferential review is appropriate, if the administrator "is operating under a conflict of interest, that conflict must be weighed as a factor in determining whether there is an abuse of discretion." Glenn, 128 S.Ct. at 2357 (quoting Firestone, 489 U.S. at 115) (internal quotation marks omitted). The Ninth Circuit has made clear that this weighing process is mandatory. Nolan, 551 F.3d at 1154. In evaluating a conflict, the Court may consider evidence outside of the administrative record. See id. at 1150. If the Plaintiff submits such evidence and raises the question of a conflict of interest, the Court must "apply the traditional rules of summary judgment" to the conflict analysis. Id. If there is a genuine dispute of material fact with regard to the issue of bias, the Court may not weigh that evidence to determine the question of bias. Id. at 1154. A Court may resolve such issues through an evidentiary hearing or a bench trial. Id.
I. Whether The Plan Afforded Defendant ...
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Milwaukee came through with the game-winning runs in the top of the 9th inning with 2 runs on 3 base hits. Jim Gantner led off and started the rally when he lined a one-base hit. Cecil Cooper stepped into the batter's box and he doubled. Simmons then laced a base-hit driving home two runs. New York went down without a fight in the bottom of the 9th.
The victory was credited to Pete Ladd(1-1) who went 1 inning, allowing no runs. Rollie Fingers earned his 13th save. Dave Righetti(0-3) was given the loss in relief.
"The only way this one could have been better, said Ladd, "was if we had played it at home."

subset: commoncrawl


text:
Don't Have Any Sisters
Yeah, that's titled 'My Sister's Keeper'
it was an old movie, but really worth to watch.
thanks to Mrs. Ayu, an English conversation's teacher in my school who had already played this movie to my class.
well this is about a 13-year-old girl who has a sister. Her sister is suffers from some kinds of cancer. Since she was a child, she had to be a donor to save her sister's life. well, I'm not great enough to write some review, sooo if you guys want to read the full review, click here
my opinion about this movie is... oh my God... it's touching my deepest heart!
the story is very sad and make you realize that we have to be thankful of what God gives to us.
Hope it will be useful for you all :)
accidentally posted by Putri Ariani 2.08.2010 what time? 5:16:00 PM
Labels: heart and head, lessons about life, Movies
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Granny, 83 misses tick
Serafina Silaitoga
Saturday, September 06, 2014
AN 83-year-old woman with hearing difficulties was escorted out of a polling station in Macuata yesterday for allegedly yelling out the number of a candidate she wanted to vote for.
But for Arieta Samosi, who is deaf, yelling was her normal tone of conversing in the village of Nabukadogo.
And she explained that her yelling out the number was simply because of the advice given to her over the past months — to just circle, tick or cross a candidate's number.
Ms Samosi said when she entered the polling station, she couldn't even understand or had a single clue about what the polling officer was explaining to her.
So she thought all she had to do was say her number as advised.
But being disqualified from voting brought tears to her eyes as she had wanted to participate.
During an interview with this newspaper, she explained how she was taken outside of the polling station without being told the reason.
"Au ma te veitigitigi saraga. Sa mosi saraga vei au niu maka ni veitigitigi. Au erea me tuga a me ca'a ina (I wanted to vote and it hurts me that I couldn't vote at all. I am asking if something can be done please)," Ms Samosi said.
Village headman Mosese Nawabalavu said policemen were there and should have been called in to assist.


text:
Island Fest is a weekend of fun between Marblehead, Kelley's Island and Put in Bay Island in Lake Erie.
This year we camped out for two nights, and made many, many memories.
The bar we hung out at mostly during the end of the night:
Sissy and I during a Putt Putt game.
We did awful!
Melissa and Cory.
The coolest picture, ever!
This guy was so crazy!
Don't let him fool you.
The vizor is attached to all that hair at the top.
The guys.
Some memories I want to remember forever!: Emily's vile of blood, Cory's pat down, Franks telling Katie she looks horrible in the morning, Emily asking the old man if the eagle is a pet of his, the sandwich cheese in the cooler - gross, Franks freaking out about karaoke, me getting asked if I was 21 all those times and ending in the bar tender buying my drink, Katie and Dan marry, Becky and Dave, Captain Mark and Moe, STEVE with Katie (you're so good you're bad/Naked Monkeys/HANSEN!), Cory's 4 hour beer Bud Select 55, Cory and Franks 10-15 rounds of JC, Katie and my nap in the grass for an hour, Putt Putt naps, Melissa's Woody kiss/short dude at Strawberry shot bar, Cory and Franks disappear story, RAIN, Cory's boxers in Dan's bag, Dan buying me a $3 ($20) hotdog, Cory kissing me, Melissa and Katie, Dan introducing me as his sister-in-law, me joining the bachelorette party, Marblehead bar guy mad at me, Cory and Dan.
Sleeping arrangements 1st night: Kay/Em: Kay's Car. Me/Mel: back seat and trunk of her car, Katie/Dan: Katie's car, Cory and Franks: shed ground. 2nd night: Katie: her car, Me/Cory: tiny tent (his sweat), Mel: her trunk, Franks: big trent, Dan: other little tent.
Whoo. What a weekend.
Love always,


text:
Thanks to the new technology that it has advanced by making artificial plants look so real. Sometimes making the difference between them and real plants is very small or even unnoticeable. Debate may arise that whether artificial plants or live plants are better for decoration purpose. Well, both have the advantages and disadvantages on their own, but it really depends on the taste of the decorator. No doubt that, natural plants are beneficial to the environment. They release oxygen and absorb pollutants and carbon dioxide. They give us food, stabilize humidity level and bring green color and a natural feel. Natural plants can be easily maintained when it's an indoor desktop plant, but when it comes to outdoor plant or indoor plant for reception areas, you often need to employ someone to take care of them. Natural plants also need a caring hand when it comes to watering, fertilization, insect protection etc.
Today artificial plants and flowers are designed, molded and pigmented in such a way that they look and feel like real plants. Some artificial plants even have one or two wilted leaf and insect holes. On closer inspection, you may certainly mistake it for real. The technology has become advanced to create them high quality and long lasting. The leaves, stalks, stems etc. are coated with a thin polymer just like real plants are waxed naturally. As polymer coatings are many ways stronger than the natural waxing, the plants pigments are neither easily washed away by rain water nor faded by sunlight or dusting. They have many advantages in comparison to natural plants; some of them are listed below:
1. Look natural while costing less: Artificial plants are almost indistinguishable from the live plants. They even sometimes look better and cost less because additional caring isn't required.
2. Hassle Free–They require no maintenance fee, no special lighting, and no fertilizers. They don't grow and they don't need to be trimmed or watered.
3. Evergreen- Artificial plants come ready to use and don't change appearance or shed leaves with season. They just need to be placed in whichever location you feel is best for you.
4. Flexibility - Because these artificial plants have no requirements, you can place them either in direct sunlight or in shaded area. You can pick any variant or size of plant because they are primarily chosen for appearance.
5. Moveable–Having artificial plants means you can move them wherever and whenever you want. You are free to place them where you think they will look the best. They are also easier to re-pot should you fancy a new look, new shape, or new color planter.
6. Durability - These plants will not die, they require no pruning and they maintain a desirable appearance even when they are not in season.
Everything has its advantages and disadvantages. Artificial or fake plants also have many disadvantages. The plastics used in fake plants are not decomposable and hence don't decay in soil with time. They have nothing beneficial to the animal and the environment. If you can sacrifice some time to care for your plants you can go for natural live plants. Watching a plant to grow and bloom will give you immense satisfaction.


text:
This morning we were able to quickly complete our tasks in the Children's Learning Center at our church. Then we went to Walmart so I could pick up a few groceries so we would make it through the weekend. While there they had 5 yard bolts of fabric for $5. That's a really good deal on fabric. I found two that I really liked. One is pink, it is a loose weave similar to monks cloth (I'm thinking a light-weight blanket for one of the girls.) and the other is a pale green with green and pink flowers. Katy found one that she wants to make a dress out of, it is green with daisies and blue, yellow and orange spots - I got the same pattern to use for the girls in pink with green, red, and yellow spots. So I guess I may have some more projects in the making. I'm thinking something with pleats for Katy...is that a hassle for ironing? I hope not because I don't manage to iron very often. Christmas is coming. I should start working on them soon if that is what I decide to do.
When we got home we ate lunch and the kids all went out to play. We are enjoying today. It's a reprieve from earlier this week when being a wife, mom and teacher wasn't going as smooth as it has been and the house was a complete wreck. I have a wonderful husband though, who came home Wednesday evening and just started to help - he didn't even say anything about it. Thanks Jeff, I was dreading walking back into the kitchen, knowing that I had no place to even think of making supper and it was already past supper time. I was thinking we were going to have to have milk and cold pop-tarts on napkins for supper, but instead we were able to at least have PBJ and chips.


text:
Crowding Caesar's Caffe, over by City College,
Cliques talk at the tiny marble tables;
They sip latte and espresso,
Lips lined with ferment and foam;
By the window, the unwashed in jeans and tees
Hiss through wispy goatees: "Read Marx's Manifesto."
Back by the brick wall, clean ones in slacks and shirts
Say: "Read Burke's essay on government."
And back, way back, behind the potted palm,
Wiseguys in coats and hats stick up for Family:
"Read Gotti's court records."
H.B. reads "Literati":
Subscribe to Channel Five-Two for first view of new videos.
H.B. confesses: "I sit at tables mindin' my own business, I swear it, on my dear mother's grave, I can't help it if I overhear gossip and stuff. I got a way of rememberin' it, you know? Some people, they don't like it, but that's the way I am. Take the other night for example..."
H.B. USSACH teaches critical writing, literature, technical communication, and public speaking at Roger Williams University (Rhode Island) and Bristol Community College (Massachusetts). He is a journalist, editor and published writer with a B.A. from Queens College/CUNY and an M.A. in print journalism from American University, Washington, D.C. Previous poems have appeared in Blueline, the literary review of SUNY-Potsdam; The Wall Street Journal; The New Bedfor Standard Times; and recited at BCC and Whaling City Review poetry readings.


text:
If you ever find yourself in need of Mansfield Bail Bonds, there is nothing to worry about! Our network makes it simple to locate and get in touch with a licensed bail bonds company in Mansfield, Ohio. Numerous Mansfield OH bail bonds companies can bail you (or another person) out anytime day or night in Mansfield OH. At your request, many bail bonds companies will come pick you up privately. Payment plans are usually available depending on each case.
Upon arrest anywhere in Richland county, a person is usually processed at the Richland county jail. In order to be released from jail, several steps must occur, including being booked into jail and posting bail. Once the bail bond amount is confirmed, a bail bonds agent is sent to post the bail bond at the local jail. Now the jail release procedure begins and typically takes anywhere from 1-2 hours to be completed. Even though cash bonds are permitted, it is usually not a common practice due to financial limitations.
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text:
Thursday, April 11, 2013
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text:
"Build the dose of your probiotic slowly. Start from a very small amount. Observe the patient for any "die-off" symptoms (including, but not limited to fatigue, nausea, bloating, diarrhea, constipation, low grade fever, headache, and flu like symptoms).
If there are none then, increase the dose. When you see a reaction, let your patient settle on this dose until the die-off symptoms disappear. Then increase the dose again and let the patient settle on it. Keep increasing the dose until a therapeutic level is reached. This period of building up the dose can take from a few weeks to a few months in different patients.
• An adult should have around 15-20 billion of bacterial cells per day (8-10 capsules).
• An infant up to 12 months of age can have 1-2 billion of bacterial cells per day (1 capsule).
• A toddler from 1 to 2 years of age can have 2-4 billion of bacterial cells per day (1-2 capsules).
• A child from 2 to 4 years of age can handle 4-8 billion of bacterial cells per day (2-4 capsules).
• A child from 4 to 10 years of age can have 8-12 billion of bacterial cells per day (4-6 capsules).
• From the age of 12 to 16 we can increase the dose to 12-15 billion per day (6-8 capsules).
Once the patient has reached the therapeutic dose level it should be maintained for approximately six months on average.
It takes at least this length of time to remove the pathogenic flora and start re-establishing normal gut flora. Adhering to the diet is absolutely essential in this period. If you continue the feeding of your pathogens in the gut with sugar and processed carbohydrates then the probiotic will not have much chance of helping you."
Some of the key bacteria Dr. McBride recommends are:
• L. Acidophilus
• L. Plantarum
• L. Rhamnosus
• B. Bifidum
• B. Longum
Apparantly Bio-Kult is a probiotic brand Dr. McBride recommends. But I think any high quality, multi strained, billion-count probiotic should do. (Such as Garden of Life's Primal Defense brand or others.)


text:
(Thrifted Shoes only in above pic)
(Thrifted Dress/belt/bag)
2. Go in with the mindset of finding basics for your wardrobe. The number one staple in my wardrobe are Blazers. That literally is the first place I head when I walk in a thrift store. Blazers are my safety net for most outfits. Anything goes with a blazer.
(Thrifted jacket/dress/belt)
(Thrifted Christian Dior Blazer...yes, I had to namedrop)
3. Don't get stuck on sizing. Usually when thrifting, the clothes are older which means that the sizing system may have been different than it is today. I clearly wear a solid 12 but I've bought jackets that are a size 8 and dresses that are a size 14. If I am standing at a rack, I usually start two sizes down and keep going 2 sizes past 12. Hope that makes sense.
(Thrifted Vintage Gloria Vanderbilt Nurse's Dress/Vintage handbag)
4. Know your name brands...really I should say "quality". Know what is worth it, and what's not worth even a dollar.
(Thrifted Burberry men's shirt)
5. On the flip side of #4, don't buy things just because you recognize the name brand. Buy it because you like it.
(Thrifted dresses)
All pics are of my thrifted loot over the last 6 months...that white nurse dress is from Halloween. I don't walk around wearing costumes....or do I? (insert Dr. Evil laugh)
(Part 2 coming soon:)
(Are we over the New Year "hype" now?)


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They're done, they're done (picture me dancing around), oh happy day, they're done! Well almost, anyway. Here is what I have been working on for the past FOREVER! I made 4 of these guys this year. Three of them use the photos here and one of them I am still waiting on a few photos. I am so happy to have them pretty much done.
Here we have the entire crazy crew! Screaming, trying to run, rabbit ears, etc. Sure it's not a perfect photo but it depicts these guys perfectly! When I'm trying to get a giant project done, quickly, I do two cheater things. One: I try to stick with one manufacturers line so I know matching won't be an issue. I normally use more than 5 different manufacturers on a single card, but going through all of my files to find them takes time. And two: I use Becky Fleck's Pagemaps . When I don't have time to come up with my own layouts, I know Becky's sketches will be perfect. She's a graphic designer and so I know I don't have to worry about scale and proportion and all that jazz. I can just start with the maps and make them my own. I love those things when I'm in a pinch. The above page is BoBunny Press mostly. It's really sunny today (and below freezing) so there are a lot of shadows on the pictures, but I'm sure you can get the idea.
Isn't this a most handsome boy! He is always taking the best pictures. The paper is My Mind's Eye. I love the clear snowflake elements. They are Jesse James I believe.
This year my daughter finally got a girl cousin! We are crazy in love with our little Lexie. Do you know what that means? More bows, more flowers, more bling, and more pink on this years calendars. Wahoo! This is one page that I mixed up manufacturers a little. The brown is Crate Paper. The dots and stripes are Fancy Pants. The red glitter paper is Doodlebug. The cherries are my own design. And the red glitter letter stickers are Making Memories.
There's my cute boy! With a car of course. The paper is My Mind's Eye and the shamrocks are my own making.
Here's my girl. I love this paper from We R Memory Keepers. The letter stickers are Rusty Pickle.
These two are hilarious! I seriously have the funniest nephews. Even though the hemp bow put a shadow on Drew, I'm sure that you can see they're personalities. This one is a little mixed up too. The red dots and sky are Fancy Pants.
Another thing I do to save time is to try not to reinvent the wheel. I use designs I have made earlier in the year for cards. Here is the trusty cupcake. I think I have had at least 20 requests for the pattern this year. The paper is My Mind's Eye. But who cares about that? Isn't this the best picture? Tyler just got finished earning a trophy in a kid's run. He really surprised his mom (who is also a super fast runner) when he just took off and finished and ended up winning a trophy. He was so proud.
My other nephews also ran that race. Here are all but the little one with the rabbit ears. Just can't take a picture without them. Paper is BoBunny and My Mind's Eye mostly.
Here's Miss Lexie. Isn't she the cutest thing? I call her our "Family Fashionista" because her closet rivals her grandma's. My sister in law is the best kid's clothes shopper ever. Don't believe me just check out her boys on the next page. This paper is My Mind's Eye.See? These boys even match. She's awesome! This paper is Creative Cafe and I love it! The bird is my own design.
Who is this? Well it's Spiderman and Superman of course. Paper is Sassafrass.
This is my son, I think. Paper is We R Memory Keepers. Kid is a goofball.
How I love Kasey. He is the sweetest boy! He is always so kind to others. This paper is Imaginisce.
Well, I'm off to punch holes and hopefully deliver some Christmas cheer to my mom (who I think is having a hard day), my dad and my grandparents. Yahoo!
Thursday, January 7, 2010
2 comments:
Hallelujah! Once again, you've done it. You've blown me away. I think your family is going to die loving these! These are definitely not the kind of calendars you can toss at the end of the year!ReplyDelete
I absolutely LOVE the one of the boys in the big car...The sky background and the apple tree just scream the best kind of summer day!
I am the fortunate recipient of this work of art. And, yes, it is priceless!!! The love evidenced in this piece of art--the beautiful grandchildren and the creative way they are showcased--touches my heart each day as I sit at my desk at work. To say that I appreciate the countless hours of design and creation is an understatement. Thank you, Jolene. I love you.ReplyDelete
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Let's face it, as founders and entrepreneurs, you have a lot on your plate - getting to your minimum viable product, developing customer interaction, hiring team members, and managing the accounts/books. Sooner or later, you have a board of directors, three to five (or even seven) Type A personalities who seek your attention and at times will tell you what to do. While you might be hesitant to form a board, establishing an objective outside group is essential for startups.
Regular price: $17.49


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Born in and from the same cell, song lyrics and poems share many of the same elements, and there are still a handful of lyricists for whom a song's language is not mere afterthought, or something to tack onto a good melody, whose songs are driven as much by the urgency of an idea, of imagery and metaphor, of the power and intricacies of the words themselves, of narrative. I am a poet much less because of the poetry I read growing up, but because of the music I listened to. And I'd still rather hang my words on a melody any day.
In this spirit, and since I'm still walking around singing Neutral Milk Hotel's catalogue having seen their frontman Jeff Mangum play solo on Saturday night, today's poem is by Jeff Mangum. A simple test to determine if lyrics are good: remove the song. For many lyrics, this exposes their vapidity or their over-emphasis on rhyme, their lack of anything interesting etc.
Not so with Mangum. Even if you don't know the tune here: this "poem" itself sings.
Daddy please hear this song that I sing
In your heart there's a spark that just screams
For a lover to bring
a child to your chest that could lay as you sleep
And love all you have left like your boy used to be
Long ago wrapped in sheets warm and wet
Blister please with those wings in your spine
Love to be with a brother of mine
How he'd love to find your tongue in his teeth
In a struggle to find secret songs
that you keep wrapped in boxes so tight
Sounding only at night as you sleep
Brother see we are one in the same
And you left with your head filled with flames
And you watched as your brains fell out through your teeth
Push the pieces in place
Make your smile sweet to see
Don't you take this away
I'm still wanting my face on your cheek
And when we break we'll wait for our miracle
God is a place where some holy spectacle lies
And when we break we'll wait for our miracle
God is a place you will wait for the rest of your life
Two headed boy she is all you could need
She will feed you tomatoes and radio wires
And retire to sheets safe and clean
But don't hate her when she gets up to leave
And here's the song if you want to hear these great words filled with fire.


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"Cockpit Cam" :)
Felt good to ride in for the first time since Tour Divide.
Been missing my bike.
I hope to see some of you at the Insulin Pump Information Night later on today!
Have a good one!!
- Posted using BlogPress using my iPad from somewhere in the universe


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Tuesday, June 22, 2010
Busy week-end ahead. Airfield Bazaar on Saturday which should be a big one because the weather is going to be fanatastic! If you haven't been to Airfield it's worth a trip, beautiful house, fantastic gardens, great cafe serving all sorts of home made food, a craft shop, garden centre and lots of animals for the kids to pet. On top of that a vintage market- in the sunshine- what could be better? Then it's off to our regular spot at the Dublin Flea on Sunday.....more later.
Posted by kirkmodern at 6:27 PM
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So, I have these ideas of grandeur where I make beautiful artistic pieces worthy of a place at the MoMA – Museum of Modern Art in New York City. Yes, grandeur!!
One of my goals for this year is to work with metals and to diversify the type of product that I offer. In other words, to not rely solely on beading but to reach out to a different clientele, and most importantly, fulfill my goals and dreams.
My first shot will be to use aluminium artistic wire to do free form statement pieces. I have practiced with copper wire before and on 20 gauge wire to form my own earring components and to do bead wrapping. This will be my first time working on larger items.
The items I've purchased so far are: –
- Beadsmith Lightweight Jeweler's Rubber/Plastic Double Hammer
- Beadsmith Wire Whacker
- Beadsmith Aluminium 12 Gauge Wire
To prepare myself I have done some reading on how to use these items and I had a brief conversation with the store manager before purchasing them. He advised initially to purchase the Whacker only but I decided to get the hammer, too.
Here starts this journey! Let's see how this all turns out.
Do you work with wire? Or, metals? Is there any advice that you can share with me?
Thank you!!!
—Tasha, UYJ


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(Don't forget the sentiment!)
(Don't forget the sentiment!)
Beautiful card Ginny love the owl and fabulous design
Dianne xx :)
Fab card Ginny. Hope John is continuing to recover now he's home with you x
What a lovely owl and again a super bow :-)
This is lovely Ginny, xxx
Beautiful owl, they are so popular these days and it's a lovely image
Gorgeous card Ginny, I love the image.
Sue xx
Gorgeous card Ginny I love the owl
Kevin xx
A lovely card. I love owls A great sentiment on the insert. Elaine
A gorgeous card Ginny, lovely image
Lorraine x
Good choice on the image Ginny! I like the scattering of bling and especially like the eyes colored yellow. The embossing of the background adds nice texture.
Fabulous card Ginny :o)
Jackie xx
wow a really super little card ginny ... well done ... love that wise old owl ... thank you for visiting my blog ... have a great weekend ... happy crafting and love sandy xx
What a wonderful card Ginny, love the owl. Hugs! Mojca
Very nice image and elegant card design!
Hugs Gudrun


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Thursday, August 28, 2008
Mutt-i-grees Unite!
In an effort to encourage more people to adopt shelter dogs and puppies, The Pet Savers Foundation launched a very cool web-based initiative called the American Mutt-i-grees Club on August 27. The club hopes to change how mixed-breed dogs are regarded by celebrating their unique characteristics and steering folks away from retail/online sellers who offer canines from puppy mills. Check out their new website—offering pet advice, dog adoption referrals, shopping and more—at http://www.muttigrees.org. Ellen
(PHOTO: My husband and I adopted T-Rex, a border collie mutt-i-gree and phenomenal frisbee pup, right after we got married.)
Posted by Best Friends Studios at 9:27 AM
More on this topic: All About Dogs, Animal Rescue and Shelters
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When I first entered the world of writing, I was not aware that a term called ' Blogger's block' or ' Writer's block' ever existed. But now I think it does exist. May be the writer's block is just another name of laziness. That I'm not sure of and I'm yet to figure this out. According to Wikpedia, the definition of writer's block is – " a condition, primarily associated with writing, in which an author loses the ability to produce new work ".
There are times when my mind goes blank on what to write. The flow of words are not easy. If it's one of those favourite topics that I'm familiar with, then the flow of words is much easier. If I take a long break from writing, then getting back requires effort.
Normally I lose interest in writing only if I'm distracted by external events. In that case what steps do I take when I'm faced with the writer's block ?
I've listed three things that I normally do to get back into the world of writing.
* Take a quick break – Taking a break helps me to streamline my thoughts and then get back with much more energy and enthusiasm. A teeny weeny break is a must for me. It could mean just having a quick round of a hot cup of tea/coffee, or watching one of my favourite movies on television.
* Watching television talk shows – Watching television talk shows increases my overall knowledge on current affairs, social issues and the Indian political scene. These talk shows give me plenty of issues and content to ponder and write about. It's also quite interesting to watch people discuss on various topics and hear their viewpoints.
* Reading and writing – It becomes easy to pen down words if one reads and writes on a daily basis. That has worked for me. I even love reading short articles in magazines and websites that are informative and catchy. The only challenge here is to take out time to pen down the words. Especially it's quite daunting for people who are working out for long hours.
* Listening to music – Listening to music is therapeutic. It also keeps me motivated. Not a day goes by without music.
Writer's block can be challenging at times and I think most writers go through this phase due to various reasons. I'd love to know your views on the writer's block and the steps you take to combat it.
This post is written for Write Tribe's – Exploring the blogger's block.


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Mattel's violation of workers rights
Gangster Barbie. You cross her and she'll take care of you, then your family. Talk bad about her family and the next knock at your door may be her.
Hacker Barbie - Coming to a computer lab near you?
Barbie dressed for work at Mattel -- at the ready to destroy our constitutional rights.
Barbie Bobitt. Coming soon to a store near you. Knife, not included, is optional. She cut Ken, you may be next.
Shop Amazon's Outlet Deals in Computers, Office & Software Computers,
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Reward Systems in the Classroom?
Rewarding good behavior and good work is a practice that teachers have adopted since B. F. Skinner formulated the principles of behaviorist psychology in 1938. According to this famous theoretician...
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Ideas for Reward Systems for Behavior?
One of the most effective ways to teach a positive behavior to children is through positive reinforcement. By rewarding a behavior that you'd like to continue, you are encouraging the child by reco...
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The Effects of Reward Systems for Employees?
A reward system is a system in which employees are offered special bonuses, privileges or benefits for performing or behaving in an exceptional manner. There are many types of reward systems, most ...
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How to Reward Good Behavior in the Classroom?
Rewarding positive behavior in the classroom is an effective method of classroom management. Encouraging positive behavior and discouraging unwanted behavior helps children realize what is expected...
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Teachers: what kind of reward/consequence system do you use in your classroom?
I'm working with younger children right now, but in the past I have worked with children up to age 12 in the classroom, and I have always found it highly effective to "catch the children being good...
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Friday, 10 June 2016
Four Children Among Aliens
In the Danelaw of the ninth century, Skafloc grew up among elves.
On Avalon in the twenty ninth century, Tabitha Falkayn grew up among Ythrians.
On Imhotep in the thirty first century, Diana Crowfeather grew up among Tigeries.
This could be a single timeline because it is acknowledged that gods, giants, elves etc had withdrawn from Earth before the twentieth century. Here are four children in very different alien environments imagined by Poul Anderson.
Hadding is the rightful King of Denmark and an incarnation of the god, Njord. Skafloc is the son of the Dane-chief, Orm. Tabitha Falkayn is a direct descendant of David Falkayn, Founder of Avalon. Diana Crowfeather is the illegitimate daughter of Dominic Flandry. Four important people with non-human upbringings.
3 comments:
- Sean M. Brooks said...
Kaor, Paul!
I see you used Sandra Miesel's dates for the Technic History! But I do realize her suggestions, flawed as I believed them to be, are better known than my revision of her Technic Chronology.
And Tabitha Falkayn was also a descendant of Nicholas van Rijn, thru his granddaughter, David Falkayn's wife.
I wouldn't say Diana Crowfeather was ENTIRELY raised among non-humans. IF my recollection from THE GAME OF EMPIRE is correct, she had a fairly normal upbringing among humans till age 14, when her mother died.
- 10 June 2016 at 16:40
- Paul Shackley said...
Yes. I just glanced at the Chronology in the back of a Baen volume rather than getting back into a discussion of the chronology, the main point being that Hadding and Skafloc are way in our past and in different centuries whereas Tabitha and Diana are way in our future and in different centuries. I wonder if you can correspond with Baen Books about possible future editions? They probably get all sorts of feedback, which they should heed.
- 10 June 2016 at 17:17
- Sean M. Brooks said...
Kaor, Paul!
Understood, what you meant in this blog piece, showing various characters created by Anderson living far in the past or the future.
Interesting! Your suggestion I should contact Baen Books and bringing my revision of Miesel's Chronology to their attention. I think I will do exactly that, in the next day or two.
I had hoped Sandra Miesel herself might have come across my revision of the Chronology and be interested enough to comment on it. But an elderly lady of about 80 might well not feel quite up to such a debate.
- 10 June 2016 at 17:28


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1096 Barrett Circle - Carmel, New York
Sedgewood Club three bedroom (lives like 4-6), 6 bathroom waterfront masterpiece is just 50 miles from NYC. Custom-built w/12-ft ceilings, walls of windows & open floor plan, an entertainer's dream. A large kitchen w/ breakfast area surrounded by windows overlooking the lake. A spacious living room shares a 2-sided fireplace w/ dining room. A butler's pantry, powder room, sitting room & office complete the 1st floor. Elevator takes you up to the master bedroom suite w/ fireplace, luxurious spa bathroom & large walk-in closet, two additional bedrooms, bathroom & laundry room. Take the elevator down to a walk-out lower level w/ family room, den/guest room & sunroom with endless pool. A staircase off the 1st floor takes you to another office space w/ full bathroom. Outside is a mahogany deck, a gorgeous patio & steps down to the lake & private dock. The house comes with a Sedgewood Club membership. The club offers a lovely 9-hole golf course, tennis & wonderful lakefront beach club.
This listing courtesy of Douglas Elliman
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M: firstname.lastname@example.com


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Waechter, a 6-foot-4, 215 pound journeyman, was last seen in a Marlins uniform last season when he appeared in 48 games as a reliever and had the best year of his major league career, going 4-2 with a 3.69 ERA with 46K's and 21BB in 63.1 innings. Previously a starter his entire career, last season saw a full time move to the 'pen for Waechter and the results were good.
He has spent parts of five seasons at the major league level with the Rays and Marlins. Last season he saw his most action at the big league level with 48 appearances. Before that he had not appeared in more than 29 games in one season. He did that with Tampa Bay in 2005 as a starter when he went 5-12 with a 5.62 ERA. For his career, Waechter has an 18-27 record with a 5.30 ERA in 108 games (54 of them as a starter).


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Geek is an oft used word at our house, always in a positive way. We are geeks about Joss Whedon and would attend Comicon every year if we could. We are both movie geeks (though Brian's geekdom goes back way farther than mine), I'm a knitting geek, he's a baseball geek, I'm a music geek, he's a serious scifi geek.
For us being a geek involves being deeply involved long-term with a topic and constantly learning and exploring more about it. We know that people don't get it or they only get part of it (some people understand the knitting but not the comicon geekdom but some people *really* don't get knitting or baseball...)
Ender is really heavily into dinosaurs right now and is becoming quite knowledgeable. After he explained the difference between a few dinosaurs to Brian over the weeekend Brian told Ender it looked like he was becoming a dinosaur geek.
Ender: What's a geek?
Brian: It's our tribe, son.
We seek to raise geeks- kids on the exciting journey to find their strengths and build expertise on topics they love. We don't really care what kind of geek the boys turn out to be as long as they find a subject that engages them. Maybe it will be dinosaurs long term for Ender, maybe not- but these smaller experiments with long term projects are preparing him for the day when he meets the topic that will engage his mind for years.
Tuesday, March 8, 2011
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I love amusement parks! Even as a lil kid, I was always at the "peryahan" during the city fiestas, betting my meager coins on roulettes, dice, bingo, and the likes. I love circuses too. I even considered working in a circus before and a friend of mine exclaimed: "What? And be the bearded lady?!" See… I love the stage even if I am just in the background. A performance makes my adrenalin pump like crazy – similar to the euphoria felt by a person in love.
Continue reading 'A child in us.'


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Diary of an Apprentice
Sunday, 8 June 2014
Writer's Block.
Someone tell me a story. A kitchen story.
It might clear my head a bit from this damned block I have that is refusing to let me finish my chapter on being given an apprentice for the first time.
Any apprentice stories? Good or bad?
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Diary of an Apprentice
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