20 Disability Benefits FAQ’s Answered By Nationwide Disability...
| Summary Cancer can qualify for disability benefits if it significantly impacts your ability to work. The SSA evaluates cancer cases based on type, severity, response to treatment, and residual effects. To apply, gather medical evidence, treatment details, and long-term health records. If your initial claim is denied, an appeal with expert legal help can increase your chances of success. |
Nearly 1 in 5 people develop cancer in their lifetime. Facing cancer can be an overwhelming challenge, both emotionally and physically.
On top of that, cancer treatments often cause severe side effects like tiredness, pain, and difficulty concentrating, making it hard for many people to keep up with their daily lives. In fact, most people with cancer find it challenging to work. If cancer significantly affects your ability to work, you may qualify for disability benefits.
These benefits can provide financial support during this challenging time, helping you meet essential living expenses while you focus on treatment and recovery.
However, the Social Security Administration (SSA) evaluates cancer cases based on a variety of factors.
Let’s examine how the SSA determines whether cancer qualifies for disability, which cancers are eligible, and the key steps you need to follow to apply for benefits.
Does Cancer Qualify for Disability?
Yes, cancer is often considered a disability because of the changes it can cause within the body, either directly from the cancer itself or as side effects of its treatment. These changes may impact various bodily systems, including :
- Immune System
- Digestive
- Bowel
- Bladder
- Brain
- Cell growth
- Nervous system
- Respiratory
- Circulatory
- Endocrine
- Reproductive system
Which Cancers Qualify for Disability?
The SSA considers various cancers, like lymphoma, leukemia, breast cancer, and melanoma, for disability if they meet specific criteria such as metastasis, recurrence, or failure to respond to therapy.
How Does the SSA Determine if Cancer is a Disability?
The Social Security Administration (SSA) determines if cancer qualifies as a disability by considering various factors:
1. Origin of Cancer
The SSA evaluates the type and location of the cancer, as specific cancers have different criteria for qualification.
2. Extent of Involvement
It looks at how far the cancer has spread, including whether it has metastasized beyond the regional lymph nodes or if it remains confined to one area.
3. Response to Treatment
The SSA considers the duration, frequency, and effectiveness of anticancer therapies like chemotherapy, surgery, radiation, or other treatments.
4. Post-Therapy Residuals
It also evaluates any residual effects or complications from cancer treatment, including any lasting impairments that could impact a person’s ability to work.
5. Medical Evidence
To make a determination, the SSA needs:
- Detailed medical records
- Biopsy reports
- Treatment plans
- Evidence of metastasis or progression of the cancer
| NOTE: If cancer meets the specific criteria listed in the SSA’s impairment listings (13.00 Cancer) , it may automatically qualify for disability benefits. If not, the SSA may consider whether the cancer is severe enough to equal a disability in another body system. |
Key Steps in Applying for Cancer Disability Benefits
1. Meet the Medical Criteria for Cancer
You must have cancer that falls under SSA’s cancer listing. The cancer must either be:
- Inoperale or unresectable
- Persistent or recurrent even after initial anticancer therapy.
- Metastatic, meaning it has spread to other parts of the body.
- Diagnosed and treated with multimodal anticancer therapy (combination of surgery, chemotherapy, radiation, etc.)
2. Gather Necessary Medical Evidence
- Type and Site of Cancer: You will need medical documentation specifying the cancer’s type, site, and how far it has spread (if applicable).
- Treatment History: Include operative notes, pathology reports, and summaries of medical procedures such as biopsies, surgeries, and treatments.
- Recurrence or Progression: If the cancer has recurred, persisted, or spread, you will need evidence about the recurrence or progression.
3. Provide Detailed Treatment Information
SSA needs evidence of the treatment regimen:
- Drugs given (chemotherapy, radiation, etc.)
- Frequency of treatments
- Surgery details (if applicable)
- Any complications of therapy, like neurological or cardiovascular issues, which can also impact your ability to work.
4. Gather Longitudinal Evidence
SSA often needs evidence over a 3-month period after therapy starts to assess whether the treatment is effective. If you have completed treatment, provide evidence of any residual impairments or ongoing complications affecting your ability to work.
5. Application and Disability Determination
After submitting medical evidence, SSA will check if your cancer meets the listing criteria for disability or if your impairment is equivalent to the listings in another body system.
| NOTE: SSA will consider your impairment as disabling for at least 12 months. The disability period may extend further based on the severity of the condition and any post-treatment complications. |
6. Bone Marrow or Stem Cell Transplant Considerations
If you have had bone marrow or stem cell transplantation due to cancer, SSA will consider you disabled for at least 12 months after the procedure. This will depend on the type of transplant (autologous or allogeneic).
7. Medical Equivalency
If your cancer doesn’t meet the criteria of the listed cancer types, SSA may still determine that you qualify based on medical equivalency. This means your impairment may be severe enough to qualify, even if it is not specifically listed.
8. Complete the Application
You can apply for cancer benefits online through the SSA website or by calling SSA ( 1-800-772-1213 between 8:00 a.m. and 7:00 p.m. local time, Monday through Friday) to schedule an appointment. Provide all required medical documentation with your application to ensure a smoother evaluation process.
9. Follow up on Application Status
After submitting your application, it is important to stay in touch with SSA to track your claim. You may be asked for additional information or clarification.
10. Appeal (If Needed)
If your initial application is denied, you can appeal the decision. This process includes providing additional medical evidence or even attending a hearing with an administrative law judge (ALJ).
This is where hiring an expert disability attorney can improve your chances of a successful appeal. An attorney can help you:
- Prepare for the hearing
- Present your case effectively
- Ensure that all paperwork is submitted on time
With expert legal support, you can navigate the complexities of the appeal process and increase your chances of securing the benefits you deserve.
Conclusion
Living with cancer is already a monumental challenge, and securing the financial support you need shouldn’t add to the stress. If you are unable to work due to your condition or the side effects of cancer treatment, disability benefits may be an essential lifeline. The Social Security Administration provides a clear path for qualifying individuals to receive support, but navigating the application process can be daunting. So, it is the best time to have the right support, such as an experienced disability attorney, who can make all the difference in getting the help you need.
Frequently Asked Questions (FAQs)
- What benefits can you get if you’ve got cancer?
If you have cancer and are unable to work due to your condition or its treatments, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). These benefits can help cover living expenses during treatment and recovery.
- Does stage 2 cancer qualify for disability?
Stage 2 cancer can qualify for disability benefits if it significantly impairs your ability to work, even if it hasn’t metastasized. The SSA evaluates cancer based on severity, treatment response, and functional limitations, so you may still qualify depending on these factors.
- How long does it take to get approved for cancer disability benefits?
The approval process for cancer disability benefits can differ based on the cancer type, its severity, and the supporting evidence submitted. It typically takes three to five months for an initial decision, but approval can take longer if additional documentation is needed or if the case needs to be appealed.
- Can you apply for disability benefits if you’re in remission from cancer?
Yes, you can apply for disability benefits even if you are in remission. The SSA will assess your cancer history, the treatments you’ve received, and any lingering effects from the disease or treatment that continue to impair your ability to work. If your remission is stable, you may not qualify, but if you experience ongoing health issues, you may still be eligible.
