When Do Cancer Patients Qualify for Social Security Disability?

 Posted on June 03, 2021 in Social Security Disability Medical Conditions

There are many different types of health conditions that can limit a person’s ability to provide for themselves. If a person’s illness or health issues prevent them from working and earning an income, they may be able to receive Social Security disability benefits. Cancer is a disease that can significantly affect a person’s health and well-being. In addition to suffering from the effects of the disease, treatment such as surgery or chemotherapy can impact a person’s condition and contribute to their disabilities. Those who have been diagnosed with cancer will want to determine whether their condition will qualify them for Social Security disability. With the assistance of an attorney, they can ensure that they follow the correct steps when applying for disability benefits.

Forms of Cancer Included in the Listing of Impairments

Social Security maintains a “listing of impairments” that specifies certain health conditions that are considered to be disabilities. This listing includes multiple types of cancer, such as:

• Soft tissue cancers of the head and neck, which are considered to be a disability for at least 18 months after the original diagnosis.
• Skin cancers that have metastasized beyond regional lymph nodes.
• Lymphoma that persists or recurs following treatment. If a person receives a bone marrow or stem cell transplant, they will be considered to be disabled for at least 12 months after the transplantation.
• Acute leukemia, which is considered to be a disability for at least 24 months after the initial diagnosis or 12 months after a stem cell or bone marrow transplant.
• Certain types of breast cancer, including small-cell carcinoma, cancers that extend to the chest wall or skin, or secondary lymphedema that requires surgical treatment.
• Bone cancers that are inoperable or recurrent.
• Cancers that affect the central nervous system, including the brain and/or spinal cord.
• Lung cancer, which is usually considered to be a disability for at least 18 months after the date of diagnosis.
• Cancers that affect the stomach, esophagus, liver, pancreas, or gallbladder.
• Intestinal or kidney cancer that is inoperable or recurrent.
• Bladder cancer that extends beyond the wall of the bladder, is inoperable, or recurs after a total cystectomy.
• Cancers that affect the uterus, cervix, ovaries, or vagina.
• Prostate cancer that is progressive or recurrent or metastasizes to internal organs.
• Cancer of the penis that metastasizes beyond regional lymph nodes.
• Testicular cancer that is progressive or recurrent following chemotherapy.

Even if a form of cancer does not meet the specific requirements specified in the listing of impairments, it may still be considered to be a disability if it is equivalent to one of the listings or if it has affected a person’s ability to participate in substantial gainful activity.

In many cases, the treatment for cancer can cause a number of side effects that impact a person’s health and well-being, and the effects of treatment can vary from person to person. When considering whether a person with cancer is considered to be disabled, Social Security will look at the origin of the cancer, the types of treatment the person has received, the duration and frequency of the treatment, the ways the person has responded to treatment, and the ongoing effects the person has experienced.

Contact Our Illinois Social Security Disability Attorney

If you have been diagnosed with cancer, you will likely be concerned about whether you will be able to provide for yourself if your treatment will affect your ability to work. Pearson Disability Law, LLC can review your case and help you determine whether you qualify for Social Security disability benefits. In some cases, you may be eligible for a Compassionate Allowance, allowing your case to be processed more quickly. We will work with you to apply for disability benefits, and we will help you address the denial of a claim or any other issues that affect your ability to receive disability benefits. Call our Chicago, IL Social Security disability lawyer today at 312-999-0999 to set up your free consultation.

Sources:

https://www.ssa.gov/disability/professionals/bluebook/13.00-NeoplasticDiseases-Malignant-Adult.htm

https://blog.ssa.gov/social-security-supports-people-battling-cancer/