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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My 53 yr brother is basically homeless, has not worked in

Customer Question

My 53 yr brother is basically homeless, has not worked in years due to a shoulder injury and later a congestive heart failure diagnosis. He has lived in Georgia with the assistance of our mother who has now passed so he has no income. He is uninsured. Are there any benefits available to him?
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Accountant should be aware of?
Customer: He received $30,000 when our mother passed. He purchased a houseboat to live on for about $18,000. Because he wasn't working, his money went quickly and he had to sell the boat. Thus no residence. He purchased a motorcycle and small trailer with tent to live in going from State park to State park at the moment. He needs medical treatment for the congestive heart failure.
Submitted: 2 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Hi, my name is***** .I have been practicing SS LAW full time for 12+ years, exclusively, and look forward to assisting you.

Customer: replied 2 months ago.
Hi. I was hoping to get an answer to my question concerning available benefits for a person in the situation I outlined.
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Is he unable to do any and all occupations do you think? There are many that don't require bilateral shoulder use and are sedentary and non-stressful so that many people with CHF can perform them full time. However, if his CHF is extreme such that he can not breath even when sitting calmly and/or must be on oxygen much of the day, it could be that his impairments limit him so much that full time is impossible. If that is the case, he can apply potentially for Social Security Disability (and prove severe inability to do any job way back in the year to 5 years after he stopped working) and/or SSI (if he is poor enough (<$2000 in countable resources)).

But he needs a TON of medical proof of severity, so first thing he needs to do is get Medicaid for free state medical assistance (go to his local office).

Please be patient, I am typing as fast as I can.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

In his county there is a medical assistance office. He needs to apply and hopefully be able to get basic medical care and medications at no cost to him. He can also apply for food stamps and possibly a little cash assistance.

Customer: replied 2 months ago.
From what I have read, he would not qualify for Medicaid in Georgia since it is not a Medicare expansion state. The treatment he did receive when he had his attack was through a clinic in a hospital that was specializing in that kind of care. I agree that he should first get back on track with the medical care.
Expert:  Stephanie O Joy, Esq replied 2 months ago.

So, to be clear, he can apply for SSDIB and SSI, but he will need major medical proof of an inability to work at any and all jobs. Thus, it is critical to secure medical treatment, medicaid insurance, etc., so he can start to build that evidence, which is an onerous task due to the level of proof needed.

He should definitely use a focused SSDIB/SSI attorney - from any state - for better chances of prevaiing on the claim, particularly if he is not well-read on the evidence rules in SSDIB cases.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

He should apply for SS in Georgia regardless. Medicaid expansion had more to do with letting wealthy non-workers get free medical insurance via medicaid, to bolster the numbers, unfortunately, rather than finding those that are truly poor and have fallen through the cracks. However, depending on his counties criteria (and states vary greatly) it may be that proving he has a medical need (not necessarily prove he is totally disabled) may be enough - it changes and I can't answer that state/local question. Again, all areas vary.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Also, if he can earn SOME money, even a couple hundred a month, that may get him into specialist and certainly into a clinic or family doctor even if not eligible for medicaid. He may want to change states, also, to one that doesn't require disability and only "poorness".

Expert:  Stephanie O Joy, Esq replied 2 months ago.

It is also likely that an ER will have to take him if he has an exacerbation. If he doesn't suffer exacerbations then it may be that he is able to do sedentary genteel "work" activity and earn a bit.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

He CAN earn a bit, legitimately, under many circumstances, and still pursue and SSDIB / SSI claim at the same time, but he will want to discuss how to do that with his lawyer.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me with 5 stars when you are done. It costs nothing extra but tells company to give me credit for my assistance to you today. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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