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August 5, 2019

Cancer and Social Security Disability

Cancer and Social Security Disability.  There are so many types of cancer with varying degrees of severity that it can be difficult to know what qualifies you for Social Security disability.  Just a diagnosis of cancer itself usually is not going to get you disability benefits.  Medical documentation is needed to prove the type and the severity of your condition. The Social Security Administration (SSA) analyzes cancer under Listing 13.00 (Malignant Neoplastic Disease).  If you take the time to read through this Listing, you can see there are very specific criteria needed to find a person disabled.  Sometimes a person does not have exactly what this Listing calls for, but the SSA may agree that they functionally equal the Listing instead. While a listing may be difficult to meet or equal, many times the SSA believes your capacity to work is so diminished by residual limitations that you simply cannot work a full-time job.  Many of my clients complain of residual effects including neuropathy, cognitive issues, decreased energy, or muscle weakness, among others. In severe cases when cancer is considered terminal, the SSA can grant disability benefits through a process called Compassionate Allowance.  If the SSA can quickly identify your condition as being this severe, it can expedite your claim.  This can eliminate the long process of appeals and hearings to get the benefits you are entitled to.  Your Social Security Disability lawyer can better explain the specific information necessary to be granted a Compassionate Allowance. With the varying types of cancer, each case is distinctly different.  Solid medical testing and documentation can greatly enhance your chances of winning your Social Security Disability claim.   Medical source statements from a treating physician can improve your chances of receiving Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) payments.  It is … Continued

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February 24, 2016

Social Security Disability for Breast Cancer

While many people fully recover and are able to return to work after being diagnosed with breast cancer, some do not.  Unfortunately, for some people, the treatments and procedures do not work, or they not work well enough to allow the patient to return to her previous level of functioning.  The Social Security Administration (SSA) recognizes breast cancer and other types of cancers as disabling conditions. Even though a breast cancer diagnosis can be scary and life-altering, in my Indianapolis Social Security Disability practice I see many of these types of claims denied.  Here are a few common reasons Social Security gives for denying breast cancer claims: Your condition has not lasted, or is not expected to last, twelve months or longer.  Often, the Social Security reviewers will review your diagnosis and medical records, see that you are receiving treatment, and conclude that you will improve enough to return to work within twelve months from the date you were diagnosed.  If that turns out to be the case, then you will not be eligible for Social Security Disability or Supplemental Security Income benefits, no matter how severely you were disabled during the months you were receiving treatment.  However, for many people, treatment extends beyond twelve months or leaves them with residual symptoms that do not improve, even if the cancer goes into remission.  For example, some of my clients acquire neuropathy in their arms from the effects of chemotherapy, and others have painful scarring that prevents them from being able to use their arms the way they used to.  Therefore, even if Social Security denies your claim because you are expected to get better, it is a good idea to appeal that denial to keep your claim going in case your recovery does not go as well as expected. Your … Continued

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