A cancer diagnosis is life-altering, not only from a medical standpoint but also in terms of your financial well-being. Many cancer patients are forced to stop working due to the severity of their illness or the side effects of treatment. Fortunately, Social Security Disability benefits may offer financial relief.
Seeking disability for cancer is often complex, and a Social Security disability lawyer can be instrumental in securing the benefits you need. Our team at Ascend Disability helps clients in Texas, Louisiana, Oklahoma, and across the country.
Disability Benefits and Who Qualifies
Social Security Disability benefits are designed to provide financial support for individuals who are unable to work due to a long-term disability. To qualify for benefits, you must meet the Social Security Administration’s (SSA) definition of disability, which requires that:
- Your condition must prevent you from engaging in substantial gainful activity (SGA).
- Your disability must last, or be expected to last, for at least 12 months or result in death.
There are two types of disability benefits that you may be eligible for:
Social Security Disability Insurance (SSDI)
This program is available to individuals who have worked and paid Social Security taxes for a sufficient amount of time. SSDI is based on your work history and contributions to the Social Security system.
To be eligible for Social Security Disability benefits, you must have a qualifying disability and have earned enough work credits through your employment.
Supplemental Security Income (SSI)
This program is designed for individuals with limited income and resources. SSI does not require a work history but is instead based on financial need. Your financial resources and income will be evaluated to determine eligibility.
Can You Get Disability for Cancer?
A cancer diagnosis can often qualify you for Social Security disability benefits, depending on the type and stage of cancer, as well as how it impacts your ability to work.
Blue Book Listings for Cancer
The Blue Book is a comprehensive guide used by the SSA to determine whether an applicant’s medical condition qualifies for disability benefits.
Section 13.00 of the Blue Book lists specific types of cancers and the medical criteria that must be met to qualify for automatic approval. For example, aggressive and late-stage cancers, including certain types of lung cancer, breast cancer, and pancreatic cancer, may automatically qualify for benefits.
If your type of cancer is included in the Blue Book, you must provide medical evidence that shows you meet the criteria for that specific cancer. This often includes diagnostic reports, biopsy results, and detailed records of treatments such as chemotherapy or surgery.
Medical Vocational Allowance
If your cancer doesn’t meet the exact criteria outlined in the Blue Book, you may still qualify for benefits under a Medical Vocational Allowance. This allowance is granted if your condition, although not listed, still prevents you from working and engaging in any substantial gainful activity.
To determine eligibility under a Medical Vocational Allowance, the SSA will conduct a Residual Functional Capacity (RFC) assessment. This evaluation determines the extent of your functional limitations and whether there are any jobs you could still perform given your education, skills, and physical abilities. If the RFC shows that you cannot work in any capacity, you may qualify for benefits.
Compassionate Allowance and Expedited Claims
Some cancers are so severe that they qualify for expedited claims processing under the SSA’s Compassionate Allowance (CAL) program. This program fast-tracks disability claims for individuals with severe medical conditions, allowing them to receive benefits more quickly—sometimes in as little as two weeks.
Cancers that often qualify for the Compassionate Allowance program include:
- Pancreatic cancer
- Stage IV breast cancer
- Small cell lung cancer
- Inoperable or recurrent cancers
- Glioblastoma
If your cancer diagnosis qualifies for the Compassionate Allowance program, the SSA will prioritize your claim to ensure you receive the benefits as soon as possible.
How a Social Security Disability Lawyer Can Help
Navigating the SSD application process can be difficult, especially when you are also managing the challenges of a cancer diagnosis. A Social Security Disability lawyer can be a valuable ally in helping you apply for benefits or appeal a denied claim.
Here’s how a disability lawyer can assist you.
Gathering Medical Evidence
A significant part of any disability claim is the medical documentation that supports your case. Your lawyer can help you gather the necessary records, such as:
- Medical history and treatment records
- Biopsy and pathology reports
- Imaging scans (CT, MRI, X-rays)
- Treatment plans and medications
- Letters from treating physicians detailing how your cancer affects your ability to work
Having thorough and up-to-date medical evidence is critical to the success of your disability claim, and a lawyer can ensure nothing is missing or incomplete.
Completing the Application
Applying for Social Security disability benefits can be time-consuming and confusing, especially for people unfamiliar with the SSA’s requirements. A disability lawyer can help you accurately complete your application, ensuring that all the required forms and documents are submitted. This reduces the risk of delays or denials due to incomplete or incorrect information.
Appealing a Denied Claim
If your Social Security disability claim is denied—which happens to many applicants—don’t lose hope. You have the right to appeal the decision. There are several stages in the appeals process, including:
- Reconsideration: A new SSA representative will review your case and any additional evidence.
- Hearing: If reconsideration is denied, you can request a hearing before an administrative law judge.
- Appeals Council Review: If the judge denies your claim, you can request that the Appeals Council review the decision.
- Federal Court Appeal: As a final option, you can file a lawsuit in federal court.
An experienced disability lawyer can guide you through each step of the appeals process, helping you present your case effectively and advocating on your behalf.
Let Ascend Disability Help You Secure the Benefits You Deserve
At Ascend Disability, we understand how overwhelming a cancer diagnosis can be, especially when it impacts your ability to work. If you or a loved one is facing cancer and need to apply for Social Security Disability benefits, our team of experienced lawyers is here to help.
From gathering medical evidence and completing your application to appealing a denied claim, we will work tirelessly to secure the benefits you deserve. Don’t navigate this complex process alone—reach out to Ascend Disability today for a free consultation. Let us help you focus on your health while we handle the legal details of your disability claim.
