A cancer diagnosis is devastating. In addition to life-or-death decisions, patients have to worry about being unable to work while battling their disease. There are times when an individual going through cancer treatments can qualify to Social Security Disability Insurance benefits. It’s important to know what to do when you can’t work because of cancer.
The Cancer
Disability benefits are not granted for every cancer case. However, the following types of cancer are considered to be very aggressive. They may be more likely to qualify as a disability:
- Mesothelioma
- Pancreatic
- Liver
- Thyroid
- Esophageal
Also, a cancer patient is more likely to be considered disabled if the cancer:
- is inoperable,
- has recurred,
- could not be completely removed (unresectable), or
- has metastasized.
In fact, some situations are considered an automatic disability.
For most cancers, a malignant tumor that cannot be completely removed qualifies automatically. Also, if the margins around the cancer still test positive, it’s usually a disability. Again, this is for most, but not all, cancers.
Distant metastases is when cancer spreads to areas that are not close to the original cancer site. Usually, an applicant with this type of complication automatically qualifies for SSDI benefits. To prove the
The Treatments
Sometimes SSDI applicants who have cancer find that the treatment affects their ability to work as much or more than the cancer itself. Chemo and radiation take a toll on patients. However, the negative effects may be short term. The Social Security Administration sets time requirements for disabilities. For example, an applicant must be unable to work for a year or have a condition that may lead to death to qualify for SSDI. Harsh treatments may not prevent the patient from working for such an extended time period.
Still, applicants should document everything and tell their doctors they may be applying for disability benefits.
Some cancer patients survive their cancer, but the treatments cause long-term conditions like heart problems, bone weakness, and lung disease. It may be possible to get SSDI for such long-term conditions caused by cancer treatments.
Ask a Disability Lawyer.
Social Security Administration rules regarding disability are often hard to understand. You need someone on your side. The attorneys at The Law Offices of Martin Taller have more than 50 years’ experience. For a free consultation, call us at 714-385-8100. Though our office is located in Anaheim, we assist clients throughout Southern California.
