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In this video Marc Whitehead, a Board Certified Disability Attorney, explains how you can qualify for disability benefits with a diagnosis of cancer.
Social Security Disability Cancer Claims:
The Social Security Administration views Cancer as a long term disability, when it's expected to last 12 months or longer or has been found to be inoperable and terminal. When cancer responds to treatment a patient may be considered able to go back to work within 12 months.
The Social Security Listings of Impairments, also referred to as The Blue Book, lists their medical requirements for cancer under listing 13.0. All Cancers are further divided into 27 different sections, each with a specific and technical description of the SSA's threshold of disability for that particular type of cancer.
Cancer also results in serious secondary conditions, such as:
- Fatigue
- Depression
Many cancers are listed on the SSA list of Compassionate Allowances conditions. This allowance allows claims to be fast tracked for benefits for claimants whose medical conditions are so sever that it is evident that their illness meets the disability standard.
How can Social Security deny claims for Cancer Disability?
Although Cancer is recognized as a sever impairment, we've seen many initial claims for cancer benefits denied. If the cancer is discovered at an early stage the SSA may inaccurately decide that treatment will lead to remission, side effects of treatment may not have been considered.
Many first claims are incomplete, without sufficient objective evidence for the SSA to justify an award of benefits. A critical part of Cancer disability claims is to show the SSA that you are in fact unable to work at your past job or at any other job according to their vocational guidelines.
Don't give up on your claim. For the best chance of winning benefits under the Social Security Disability Program keep appealing and get an experienced attorney on your side.
Veterans Disability Cancer Claims:
Under the Veterans Disability system the VA decision maker will look to the VA rating schedule to asses the level of your service connected disability. Cancer disability is rated according to the loss of function it has caused and the effect on your ability to work.
Veterans may have been exposed to substances such as Agent Orange and Radiation that are known to cause cancer. Many of these Veterans were exposed to these
agents several decades ago and are now at an age where cancer may develop.
If a Vietnam veteran suffers from a list of impairments the VA will presume that the Cancer disability was caused by exposure to Agent Orange.
In addition, Veterans exposed to Radiation from atomic weapons, fall-out and nuclear reactors have presumptive conditions. There are 21 different types of Cancers related to exposure to radiation.
Long Term Disability Insurance Cancer Claims:
Long Term Disability Insurance is offered by employers as benefits packages to employees or sold by insurance companies to individuals. Although insurance providers say they'll pay Long Term Disability Benefits if you are unable to work, many will deny valid claims, minimize payments, or find ways to delay payments hoping you will give up and abandon your claim.
Reasons in support of Long Term Disability Cancers claims include:
- Cancer Treatment
- Side-Effects from Medication
- Invasive Chemotherapy and Radiation treatments
All of which can leave the patient seriously fatigued and sick. As well as the effect of their cognitive function such as memory, focus and inability to absorb and analyze information. Insurance Companies will challenge this saying that the patient is exaggerating or not giving their maximum effort.
If your insurer has denied your Cancer disability claim don't give up. A court of law may view the insurance companies denial much differently when all of the facts are raised and properly presented. An experienced disability insurance lawyer representing your claim can make a huge difference when fighting against a large insurance company.
For more on how to prove your diagnosis of Cancer qualifies you for disability benefits please feel free to download one or all of our three free eBooks:
The Social Security Puzzle
Disability Policies: How to Unravel the Mystery
Veterans Disability Claims: Strategies for a Winning Campaign
Visit www.disabilitydenials.com for a free downloadable copy
Or contact our office to discuss your particular disability issues at:
Marc Whitehead & Associates Attorney at Law, LLP
403 Heights Blvd
Houston, TX 77007
(713) 228-8888
