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Social Security Disability for congestive heart failure, diabetes & back issues - brother losing employer insurance soon

My brother (57) just discovered he's been having 'silent' heart attacks and is now in congestive heart failure with an ejection fraction of only 32%. He also has Type 2 diabetes and severe back problems that have kept him out of work since December. He was scheduled for back fusion surgery next week (2 discs + rod), but that might get postponed due to his newly discovered heart condition. His situation is getting desperate. He's currently receiving just $1,075/month from his employer's private disability insurance, which isn't nearly enough. He had to move in with our elderly mother (77) because he has no assets or home of his own. His FMLA protection ends next month, meaning he could lose both his health insurance and the disability payments if he can't return to work (which seems impossible given his conditions). I'm trying to help him navigate this nightmare. Would his combination of congestive heart failure, diabetes, and severe back issues qualify him for SSDI? Should we immediately get a disability attorney to handle his case? And realistically, how long might it take for him to get approved? We're extremely worried about the gap between his FMLA ending and potentially getting SSDI/Medicare.

Your brother has a strong case for SSDI with those three serious medical conditions combined. Congestive heart failure with an EF of 32% alone might qualify him under the SSA's cardiovascular listings, especially if he has documented symptoms affecting his ability to function. The combination with diabetes and severe back issues requiring fusion surgery makes his case even stronger. I would absolutely recommend getting a disability attorney immediately. They typically work on contingency (only get paid if he wins) and are limited to 25% of backpay or $7,000, whichever is less. An experienced SSDI attorney will: 1. Help file the initial application properly 2. Ensure all medical records are obtained 3. Get proper statements from his doctors about his limitations 4. Guide him through the appeals process if needed Timeline: Unfortunately, even strong cases often face initial denial. The full process could take 4-24 months depending on your location and whether appeals are needed. However, his case might qualify for Compassionate Allowance or Quick Disability Determination processing if his heart condition is severe enough.

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Thank you so much for this information! Should we wait until after his back surgery (if it happens) to apply, or should we start the process now with his heart condition and diabetes? I'm worried about the gap in health insurance coverage especially with these serious conditions.

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my husband got ssdi for heart failure last year but took 8 months and he was 61 with an EF of 28%. they denied him first time even with the low EF! had to appeal. get a lawyer right away dont wait!!! they know what medical records to get and what to say

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That's discouraging that they denied your husband initially even with such a low EF. Did the lawyer help speed things up on the appeal? My brother's EF is 32% so slightly better than your husband's was, but still in the severe range from what we've read.

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To answer your follow-up question - he should apply right away. Don't wait for the back surgery. The application date establishes his "date of filing" which is important for backpay calculations. The SSA will consider the combined effects of ALL his medical conditions. Regarding the insurance gap - here are some options to consider: 1. COBRA coverage from his employer (expensive but maintains his current insurance) 2. ACA marketplace coverage (might qualify for subsidies based on reduced income) 3. If his assets and income are low enough, he might qualify for Medicaid in some states Once approved for SSDI, he'll qualify for Medicare, but there's a 24-month waiting period from his established disability onset date (with a few exceptions).

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Thank you for the clarification. We'll look into COBRA, though I'm concerned about the cost on his reduced income. I didn't realize the Medicare waiting period was so long even after SSDI approval - that's really challenging for someone with serious health conditions.

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I went thru something similar with my heart (EF was 25%) and diabetes. The SSA system is SO FRUSTRATING!! I got denied TWICE before getting approved and it took almost TWO YEARS total. By then I'd lost my house and everything. The backpay helped but didn't fix the damage done. My advice: DOCUMENT EVERYTHING. Every doctor visit, every medication, every time he can't do basic tasks. Have him keep a daily journal of symptoms and limitations. Get statements from family members about how they have to help him. The more evidence the better!!

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I'm so sorry you went through all that. Two years is terrifying to think about - my brother literally cannot work with his current conditions. We'll definitely start documenting everything as you suggested. Did you have a lawyer for your case?

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Your brother's case seems to meet several of SSA's listed impairments that could qualify for disability. For heart failure, they look at systolic or diastolic failure with specific symptoms or ejection fraction measurements. The key is having proper medical documentation that matches their listing criteria. To address specific timeline questions: 1. Initial applications typically take 3-5 months for a decision 2. Reconsideration (first appeal if denied) takes another 3-4 months 3. Hearing before an ALJ (second appeal) can take 9-12+ months depending on backlog The most important thing is having a complete application with thorough medical evidence. About 65-70% of initial applications are denied, but the approval rates increase significantly at the hearing level with proper representation. I'd recommend looking at SSA's Compassionate Allowance conditions to see if his heart failure might qualify for expedited processing: https://www.ssa.gov/compassionateallowances/conditions.htm

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Thank you for the detailed breakdown of the timeline. Those waiting periods are concerning, but at least we know what to expect now. I'll definitely check out the Compassionate Allowance conditions to see if he might qualify for faster processing.

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Try claimyr.com to get thru to Social Security faster when you call. I had SUCH a hard time getting anyone on the phone when I was applying for my brother. With this service you don't wait on hold for hours - they call you back when an agent is available. Saved us so much frustration! They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU

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I used Claimyr too when I needed to talk to Social Security about my disability application status. Getting through to a real person at SSA is nearly impossible otherwise - I tried for THREE DAYS before discovering this service. Totally worth it when you're dealing with urgent questions like insurance coverage gaps.

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I got approved for SSDI with heart failure + diabetes but it still took 14 months even tho my doctor said I would die without a transplant!!! The system is BROKEN. Your brother needs to apply ASAP and get a lawyer right away. Also, has he checked if his job has any long-term disability insurance? Sometimes that can pay more than short-term and can continue after he leaves the job. When my FMLA ran out my company fired me even tho I was literally in the hospital. I had to pay $600/month for COBRA which was impossible on no income. It's a cruel system especially when your dealing with life threating conditions!!!

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That's absolutely terrible what happened to you. I'm so sorry. I'll check if his employer offers long-term disability coverage - that's a good point. $600/month for COBRA sounds impossible on disability income. This whole situation is making me angry at how our system treats vulnerable people.

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One important thing to note: if your brother hasn't worked for 5+ months since his disability began (December), he should apply now rather than waiting. SSA has a 5-month waiting period before benefits start, but that period begins from his established onset date (when his disability began preventing work), not from his application date. Also, having your brother's doctors complete an RFC (Residual Functional Capacity) form documenting specific limitations is extremely helpful. This should detail exactly what he cannot do: how long he can sit/stand, lifting restrictions, cardiac limitations, etc. A good disability attorney will know exactly what documentation is needed for his specific conditions.

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That's really helpful information about the 5-month waiting period. He hasn't worked since early December, so it sounds like he's already completed most of that waiting time. I'll look into the RFC form you mentioned - is that something we can download from the SSA website or does the attorney typically provide it?

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when my wife got disability for her back and diabetes she had to get statements from EVERY doctor and they all had to agree she couldnt work. make sure all his doctors are on the same page!!! also SSI and SSDI are different things. SSDI is based on his work credits and SSI is for people with no assets. he might qualify for both until SSDI kicks in since hes living with your mom and has no assets

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Thanks for pointing out the difference between SSI and SSDI. I think he would qualify for SSDI based on his work history (he's been working continuously for over 30 years), but it's good to know about SSI as a potential option during the waiting period.

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You mentioned your brother's FMLA ends in March. He should immediately have a conversation with his HR department about accommodations under the ADA (Americans with Disabilities Act) which might provide additional job protection beyond FMLA. Regarding getting representation: while you can start the application process yourself online at ssa.gov, having a disability attorney from the beginning often results in stronger initial applications. Most disability lawyers offer free consultations. Look for attorneys who specialize specifically in Social Security disability (not just general personal injury), preferably ones who are members of NOSSCR (National Organization of Social Security Claimants' Representatives).

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The ADA suggestion is excellent - I hadn't thought of that as a possible extension beyond FMLA. I'll have him talk to HR this week. And thank you for the tip about NOSSCR members - that gives us a good way to find a qualified attorney. This community has been incredibly helpful!

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