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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2677
Experience:  associate attorney
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My brother had a heart attack. 100% blockage in 1 artery,

Customer Question

My brother had a heart attack. 100% blockage in 1 artery, 90% in another. He had 2 stints put in, 1 got blocked and had to have another larger one inserted. He was in a coma for a week and is now recovery with diminished physical and mental capabilities. He has no insurance and not much income (too much to qualify for free services) but was told with therapy he could get back 100% functions. He will not without therapy. Are there any services or benefits via Social Security that he could get? Please advise
Submitted: 11 months ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 11 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

How old is your brother? What state is he living in?

Customer: replied 11 months ago.
58, Texas
Expert:  Christopher B, Esq. replied 11 months ago.

It sounds like your brother could qualify for disability as this seems like a pretty serious event that will take a while to get over. In order to qualify for SS disability, his condition would need to effect him for more than 1 year. See below for further details and also links to the SS disability site that you can review and ask further questions if necessary. It should give you the information you need.

The following is copied from the SS website. See link: https://www.ssa.gov/disability/index.htm

"To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work.

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

  • You cannot do work that you did before;
  • We decide that you cannot adjust to other work because of your medical condition(s); and
  • Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments." See link to how SS decides one is disabled: https://www.ssa.gov/planners/disability/dqualify5.html#&a0=1

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Customer: replied 11 months ago.
Well I read all that prior to asking for yalls advice... he is a physical laborer, he plasters swimming pools. He has to have his balance back and better control of his arms to be able to work. The caveat is that his employer will continue to pay him as he has been there for 30 years, but he had to do side jobs to make enough money to pay his bills. Now he needs more than that to pay for physical therapy in order to get better. If he does not recover, they will eventually let him go. I was hoping for more specific answer than read this and see if it applies...
Expert:  Christopher B, Esq. replied 11 months ago.

So can he do any work at all during this time? Social Security provides that he can receive disability if his disability is significant enough that his work is not like you did before and he cannot do other work because of his medical condition and this should be for 1 year or more. If he is continuing to be paid for work then he will not be able to qualify for disability, he will have to no longer be able to work. As a physical laborer if his condition is as bad as you have described then there should be no doubt that he would qualify but keeping his former job and his pay will keep him from qualifying. So until this situation changes there is not much he can do. It is very difficult to asses the total situation and that is why I gave you the links to the site. I can answer an specific questions you may have.

Expert:  Christopher B, Esq. replied 11 months ago.

I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.

Expert:  Christopher B, Esq. replied 11 months ago.

Any chance for a positive rating?