Social Disability Lawyer Blog

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Getting Disability Benefits for Cancer Patients

Getting Disability Benefits for Cancer Patients

A cancer diagnosis can be frightening for patients and their families, but whether a patient will qualify for Social Security disability benefits is determined by how the condition affects the person's capacity to work. To be sure, life-threatening and terminal cancer diagnoses usually result in the automatic and, in some cases, hastened award of disability benefits. However, cancer that has not metastasized (spread) beyond the localized lymph nodes, has responded to therapy, or has been surgically removed may, in some situations, allow an individual to return to work in the eyes of Social Security. It might be difficult to obtain disability compensation in certain situations. However, it is possible that even effective cancer therapy might result in significant residual restrictions that would qualify an individual for disability benefits.

The Social Security Compassionate Allowance

The Social Security Compassionate Allowances List (CAL) is a collection of major medical issues, many of which are life-threatening, that automatically qualify a Social Security application for expedited payment approval. Instead of waiting up to a year for a disability hearing, a client diagnosed with a diagnosis on the CAL can sometimes obtain disability approval within a few weeks.

On the CAL, there are about 50 distinct forms of cancer. In general, your cancer must not only be mentioned on the CAL, but also have distant metastasis (that is, the tumor must have spread) or be inoperable, unresectable, or recurring to qualify for a Compassionate Allowance.

Getting SSDI Benefits for Cancer according to Blue Book Listings

Social Security's Blue Book, which is separate from the Compassionate Allowance List, describes hundreds of various medical conditions that automatically qualify a person for benefits. In contrast to the CAL, the Blue Book does not entail faster claim processing. The Blue Book has several cancer listings, including skin cancer (Listing 13.03), leukemia (Listing 13.06), breast cancer (Listing 13.10), and lung cancer (Listing 13.10). (Listing 13.14).

However, as with the Compassionate Allowances List, a cancer diagnosis alone is typically insufficient to fulfil the listing standards. The cancer must have spread or be recurring, inoperable, or otherwise incurable.

What if you don't qualify for Blue Book Listing?

If your condition does not appear in the Blue Book, you may still be eligible for SSDI or SSI benefits based on a "Medical-Vocational Allowance," which considers your age, educational level, work history, and Residual Functional Capacity (RFC) to assess your ability to work. Your RFC is an assessment of your maximal mental and physical abilities despite your disabilities.

The DE at Disability Determination Services (DDS) will assess what level of exertion you are capable of and which physical restrictions limit the jobs you can uptake. This also holds true for mental and neurological claims, the DE will evaluate the symptoms based on how they limit your functionality.

For more information on qualifying for disability benefits for cancer, you can seek legal guidance from our expert disability attorneys at the Law Office of Irene Ruzin. 

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Friday, 29 March 2024