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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My brother-in-law has just been diagnosed with a reoccurring

Customer Question

My brother-in-law has just been diagnosed with a reoccurring bladder cancer that has spread to his kidneys and bones. He had a neo-bladder 8 years ago but it is back again and is very aggressive. They have told him he has 6 to 9 months to live. He is 63 years of age and will be 64 in Sept.. Can he get any social security now and how long would it take. His company Hostess Bread went out of business and he has obtained another job in a similar field about a year ago. It is doubtful he has short term disability with them but he applied for FMLA and was given that. Is there any SS or SSI to be applied for and can it come very soon. His wife just started a new job 3 weeks ago, before he was diagosed with the return of his cancer.
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

Oh my goodness. I am so sorry for your brother in laws troubles here. With regard to your post:

"My brother-in-law has just been diagnosed with a reoccurring bladder cancer that has spread to his kidneys and bones. He had a neo-bladder 8 years ago but it is back again and is very aggressive. They have told him he has 6 to 9 months to live. ------ OK, this would be deemed "terminal" obviously, and the SSA has an expedited process for that when one applies for Social security disability.

"He is 63 years of age and will be 64 in Sept.. Can he get any social security now and how long would it take. -------- What he can do since he is no longer working, is file for early retirement (yes, it is reduced), if he needs money NOW. He will get about a 20% reduction in his full retirement amount, due to taking early, but given his short life expectancy, waiting would likely not hlep him.

His company Hostess Bread went out of business and he has obtained another job in a similar field about a year ago. It is doubtful he has short term disability with them ---------- He should definitely find out. Also depending on his state, there are a few states that pay STD for non work related illness injury that prevents work. So he will want to see about that.

"but he applied for FMLA and was given that. -------- Employers are generally free to have paid FMLA or non paid. Are they paying him?

"Is there any SS or SSI to be applied for and can it come very soon. ------- Early retirement, he can apply at http://ssa.gov tonight even. It may take several weeks to pay out, but he can file for that. He can ALSO file for social security disability. The positive to doing so is that if he later wins (even post mortem, sadly) and he is found to have been disabled back to his first ill month where he earned less than $1090/mo, gross (that is the date I would allege as onset), all the early retirement checks he got will be converted belated let to SSDIB payments, and since SSDIB is HIGHER than his early retirement month (that loss of 20%), he can get that 20% back for each month. ALSO, if he no longer, (retro) took early retirement, his widow, once she is old enough to retire, will be eligible for a survivor benefit based on his HIGHER benefit, not the reduced one he originally took, that turned over into SSDIB.

"His wife just started a new job 3 weeks ago, before he was diagosed with the return of his cancer. ------ I am so dreadfully sorry for this heartbreaking news.

If your Brother in law would like me to represent him in his claim for SSDIB (he won't need a lawyer for his claim for early retirement, he is entitled to that once he applies, if he is no longer working or working much), he can call me and I can work on that with him. I will add an "additional services" button should you choose to use it and that will get you my law office contact info, should he need it. (There is no retainer requirement.)

But either way, YES, he can file for early retirement NOW because he is over 62.

Expert:  Stephanie O Joy, Esq replied 11 months ago.

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