Good evening Kathy,
Thank you for the additional information you provided.
As your brother has not worked at least 5 of the past 10 years, and as he is 10 years from being old enough to qualify for social security, there are no social security benefits that he can possibly qualify for at this time. Social security is not a form of welfare that is based on need and lack of income or assets, but rather is a benefit that must be paid into to qualify for and has rather stringent rules for collecting any benefits before the age of 62.
Base on the facts that you have provided, if he is determined to be legally disabled then he might well qualify for Supplemental Security Income (SSI)---not to be confused with social security----and which is a welfare based benefit and requires a proven disability combined with lack of income and assets.
For purposes of SSI eligibility, the definition of disability is as follows:
"Disability" under SSI is based on ones inability to work. SSI considers someone disabled under SSI rules if:
- A person cannot do work that they did before;
- SSI decides that you cannot adjust to other work because of one's medical/mental condition(s); and
- One's disability has lasted or is expected to last for at least one year or is expected to result in death.
In order to be deemed disabled, your brother would have to be declared so by a physician and so getting him to a physician would be absolutely necessary, and seems to be something that your brother is not willing to do. So, given his reluctance to see a physician, then even SSI is not going to be available to him. I am very sorry.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
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Thank you in advance. I wish you the best in your future,