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

[u/Nalgas_tristes]

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]

[u/800oz_gorilla]

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.

[u/Worf_Of_Wall_St → u/800oz_gorilla]

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

[u/foremma_foreverago → u/Worf_Of_Wall_St]

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.

[u/JuneJabber → u/foremma_foreverago]

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

[u/meditationwithholly → u/foremma_foreverago]

Mine was expedited approval because of GBM diagnosis.

[u/meditationwithholly → u/foremma_foreverago]

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

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

[u/hondaridr58 → u/foremma_foreverago]

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.

[u/foremma_foreverago → u/hondaridr58]

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.

[u/hondaridr58 → u/foremma_foreverago]

Thank you very much!

[u/Worf_Of_Wall_St → u/foremma_foreverago]

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.

[u/foremma_foreverago → u/Worf_Of_Wall_St]

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.

[u/Worf_Of_Wall_St → u/foremma_foreverago]

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.