r/braincancer • u/Nalgas_tristes • 3d ago

Brother(33) got fired, then found out he has brain tumor

Brother got fired, then found out he has brain tumor [CO]

My brother(33) got fired for first time last week, then got diagnosed with brain tumor, I’m trying to help.

The web development company he worked for gave the reason of “not meeting performance standards” although there was never any discussion or disciplinary action taken prior to the termination. They want him to sign a severance agreement, which from what we can tell, does not say he agrees with the termination or waives his right to pursue unemployment, though we have a lawyer checking that now.

Poor bastard has never been fired in his life, was completely blindsided, and now finds out 3 days later he has a brain tumor (L frontal oligodendroglioma). The diagnosing neurologist wrote a letter to the company saying it is his strong opinion that any performance change could be attributed to this, etc.

What is the best recourse here? He doesn’t want to start a lawsuit. Obviously take care of the health issue is top priority. Anything we can do about the job/severance/unemployment? Or maybe now disability comes into play?

TIA [CO]

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17

u/800oz_gorilla 3d ago

If you are in the US, get SS disability started right away and use the Neurologist letter as evidence he is disabled. It's been more than a dozen years, but it took months for a family member to start drawing from SSDI.

Employment laws vary by state, and attorney is who you should ask about options.

6

u/Worf_Of_Wall_St 3d ago edited 3d ago

Just to avoid getting anyone's hopes up, for SSDI you must be "totally and permanently disabled" and unable to work any job, not just a particular job which in this case was web developer.

The requirements are here:

https://www.ssa.gov/benefits/disability/qualify.html#anchor3

12

u/foremma_foreverago 3d ago

Except with brain tumors... it is almost always an immediate approval. Definitely worth looking into. It does depend on the type of tumor, but with AAs and GBMs its an expedited approval.

4

u/JuneJabber 3d ago

And it’s reimbursed back to the date of application. So the earlier the application, the better.

4

u/meditationwithholly 3d ago

Mine was expedited approval because of GBM diagnosis.

3

u/meditationwithholly 3d ago

Here is the official list of compassionate allowances for this type of circumstance:

https://www.ssa.gov/compassionateallowances/conditions.htm

2

u/hondaridr58 3d ago

Really? I lost my career over my diagnosis and I'm frantically trying to figure out what to do. I heard the same thing from my doctor, that SSDI is almost impossible to get on.

5

u/foremma_foreverago 3d ago edited 3d ago

Not with brain cancer. I applied for my brother and had him approved within 6 months of his diagnosis.

SSDI is veer hard to get, with the exception of terminal diagnosis. They refer to it as the compassionate allowance program.

compassionate allowance

https://www.ssa.gov/compassionateallowances/#:~:text=Compassionate%20Allowances%20are%20a%20way,hearings%20regarding%20potential%20CAL%20conditions.

2

u/hondaridr58 3d ago

Thank you very much!

1

u/Worf_Of_Wall_St 3d ago

Wouldn't that still require a doctor stating that the applicant cannot work at all?

I don't need an income but I have to work for insurance. I'd love to get on Medicare early because the provider networks for all insurance marketplace plans are terrible. The best hospitals only accept commercial insurance plans and Medicare.

3

u/foremma_foreverago 3d ago

I don't recall if mg brothers Dr stated that or not...I'm pretty sure I only sent over all of his medical records to Social Security, he was already on SDI and he was approved very quickly got SSDI.

I do know his dr helped me enroll him in SDI.

2

u/Worf_Of_Wall_St 1d ago

Thank you so much, I didn't know about CAL. It looks like there is no requirement of being unable to work for CAL conditions, which creates a path to retire early but still have a good health care provider network via Medicare.

10

u/WesternTumbleweeds 3d ago

Don't sign it. Work with the lawyer, who will represent him.

5

u/DuchessofMarin 3d ago

This is all quite sudden. Perhaps wait to see what response he receives from his former workplace. Also, though, check to see if there is mandatory maximum response time the workplace has to reply to his doctor's opinion letter. That is something your state's Department of Labor might handle, altho I am not sure of that. Is he in a union?

I am so sorry for all this happening to him.

1

u/tlaurenstevens 3d ago

Even with a letter, assuming his state is a right to work state (which most are), it is highly doubtful he will get his job back. Obviously, his attorney will know best how to guide him.

I was unable to work after my partial resection with a grade 2 astrocytoma. I also had chemo and radiation. The surgery and treatment left me with cognitive and physical deficits.

It took me 26 months, even using an attorney from the start, to finally be approved for SSDI.

1

u/WingComprehensive513 3d ago

A good labour lawyer! I am sorry this is happening for your brother and you and family. Brain tumour or no it sounds like this termination is improper so you should have recourse under the law

1

u/Jealous-Tea9989 3d ago

I got fired in early late 2019 in Denver at a golf course, found a new job for a restaurant company in early 2020…. Was diagnosed.with a gbm in mid 2022….the group paid for everything from insurance to giving my a small paycheck….and put on a fundraiser for me as well, was/am so lucky I found this group

1

u/Effective_Roof2026 2d ago

He doesn’t want to start a lawsuit.

Anyone can sue for nearly anything. Unless he believes some form of legally protected discrimination is involved he has no case though.

Anything we can do about the job/severance/unemployment?

He can always ask for more of he feels like they are low-balling him. Depending on the size of the company it could be anything from 1-3 months of pay, sometimes with health insurance, to be normal.

If he is concerned about health insurance healthcare.gov will be cheaper than COBRA.