Qualifying Without Meeting A Medical Listing
If youre lucky, your breast cancer will have been diagnosed at an earlier stage than III or IV. Although early stages of breast cancer are not listed in the Blue Book, you can still qualify for disability benefits.
To qualify for benefits without meeting a medical listing in the Blue Book, you will need to have doctors notes and hospital records that show that you are expected to be out of work for at least 12 months. Speak with your doctor about your treatment and whether or not youll be out of work for more than a year.
The most common way women can get approved for disability benefits without the Blue Book is through a physical Residual Functional Capacity evaluation. This is a long form filled out by your doctor about your general health and wellbeing.
Keep in mind that if you do need to file for disability benefits via an RFC, your education level will be factored into your evaluation. If you went to college and could be qualified for sedentary work, the SSA might think that although your symptoms are severe, you could find some form of desk work to do and do not qualify.
A woman who has no education and worked her entire life as a construction worker or a stay-at-home mother would have a much higher chance of qualifying via an RFC than a woman who went to college and got her degree in finance or any other major that can be applied to many jobs.
The Ssas Disability Programs For Breast Cancer Patients
If your breast cancer, complications, cancer treatments, or treatment side effects make it impossible for you to work and earn a living, then you may be eligible to receive benefits through one or both of the SSAs disability programs:
- Social Security Disability Insurance pays benefits to disabled workers, provided they have sufficient work credits available at the time they become disabled. Credits usually accumulate at the rate of four per year of employment, with between 20 and 40 necessary to qualify. 40 work credits may seem overwhelming, but dont worrySo long as youve worked just part-time most years of adulthood, youll qualify for SSDI.
- Supplemental Security Income is a need-based program with strict income and other financial eligibility rules, but there are no work credits necessary to qualify.
Whether you meet the eligibility rules for one or both of these disability programs, benefits are paid monthly once youre approved.
Do I Qualify For Social Security Disability Benefits If I Have Breast Cancer
Nearly one in eight women in the United States develops breast cancer.
Its the second most common cancer, and it can occur in men. The Social Security Administration doesnt always make it easy for those with breast cancer to get the Social Security Disability Insurance or Supplemental Security Income benefits they deserve. Many Social Security disability claims are denied because SSA says:
Your breast cancer wont prevent you from working at least 12 months because:
You should be able to return to work after treatment,
You should be able to return to work if your symptoms are in remission,
Your breast cancer isnt severe because:
Your breast cancer chemotherapy side effects are subjective, or
You are in remission.
Your breast cancer doesnt meet the requirements of, or is the equivalent of, a Medical Listing,
You can return to the lightest job you held in the 15 years before you became disabled, or
There is other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity.
A diagnosis of breast cancer does not automatically mean you are entitled to Social Security Disability benefits.
It is the location of the cancer, the formation and development of the cancer, the prognosis, the response to treatment and treatment side effects that are key to winning your benefits.
I have successfully represented many SSA applicants with all types of cancer.
Qualify for the Compassionate Allowances program,
Recommended Reading: What Are The Symptoms Of Stage 1 Breast Cancer
Federal Precedent For Extended Coverage
The National Breast Cancer Coalition urges Congress to enact legislation to amend the Social Security Act to eliminate waiting periods for disability insurance benefits and Medicare coverage for eligible individuals with metastatic breast cancer.
In 2001, Congress passed a bill to add Amyotrophic Lateral Sclerosis as a qualifying condition for automatic Medicare coverage and, in 2020, waived the five-month waiting period for SSDI for individuals with ALS, thus creating a federal precedent. Based on the limited life expectancy of individuals with metastatic disease, an average of 3 years, NBCC believes that both automatic SSDI and Medicare coverage should also apply to metastatic breast cancer patients who qualify.
Get The Help You Deserve When Applying For Social Security Disability
If you believe you qualify for Social Security disability based on your breast cancer then it is important to get legal help before you file your application for benefits. Our experienced lawyers know how to accurately and effectively complete Social Security disability applications so that you can increase your chances of getting the financial support that you deserve during this difficult time. Please contact us today via this website or by phone to learn more about your rights and how to protect them.
|
Related Links: |
Read Also: Estrogen Positive Metastatic Breast Cancer
Obtaining Disability Benefits With Breast Cancer
There are three ways to obtain disability benefits from Social Security if you have breast cancer:
- Your breast cancer qualifies as a Compassionate Allowances condition.
- Your breast cancer meets or equal a disability listing in the Listing of Impairments.
- Your breast cancer results in physical or mental limitations that prevent you from performing any work.
Contact A Disability Advisor
The Disability Champions will provide you with a free case evaluation. We specialize in assisting individuals as they apply for disability benefits. There are no upfront costs for our services, and you pay no costs or fees unless you win. Contact us today at 407-601-3681, whether you have a disability caused by cancer or any other health condition or disease.
You May Like: What Is Stage 3a Breast Cancer
I Have Breast Cancer Why Was I Denied Social Security Disability Benefits
If you have been diagnosed with breast cancer, you may be surprised to learn that you dont automatically qualify for Social Security Disability Insurance or Supplemental Security Income benefits. The Social Security Administration requires that all applicants for SSDI and SSI meet the following criteria:
- An applicant must earn no more than $1,040 per month from work.
- The applicant must have a severe medical condition that interferes with basic work activity.
- The disabling condition must be expected to last at least 12 months, or result in death.
When breast cancer is detected early, aggressive treatment can lead to the remission of the disease within a relatively short period of time. Many women with breast cancer do not qualify for SSDI or SSI because their condition is not expected to last more than a few months. The SSA is likely to reject any benefit claims for Stages 0, I, and II breast cancer.
The SSA does recognize that breast cancer can be a severe impairment breast cancer is included in the Social Security Administrations Listing of Impairments. In order for an applicant to receive SSDI or SSI for breast cancer, the cancer must meet at least one of the following criteria:
Patients with stage IV breast cancer may automatically qualify for disability benefits under the Social Security Administrations Compassionate Allowance Program.
For a free evaluation with a compassionate Omaha Social Security disability lawyer, contact Cuddigan Law today at 402-933-5405.
Learn Which Types Of Cancer Qualify For Social Security Disability Benefits
The Social Security Administration automatically qualifies individuals with certain medical conditions and diseases for disability benefits, including many types of cancer. There is still a process involved and certain requirements must be met, but you may be able to get expedited approval for disability benefits through the SSA, if you have cancer. The SSA recognizes that cancer and treatments for the disease can prevent a person from being able to work. Even with a qualifying condition, it is always advisable to enlist the help of a full-service social security disability advocacy firm, such as The Disability Champions, since various missteps can result in initial denial and the need to go through an appeals process.
Don’t Miss: Stage Four Breast Cancer Symptoms
Reasons Disability Benefits For Cancers May Be Denied
Applications for benefits related to conditions in the CAL program are handled in an expedited manner, but it can be misleading to think that they are literally automatically approved. There are certain conditions which must be met. If the SSA finds that those requirements have not been satisfied, you could be denied disability benefits, even if you have a form of cancer on the list of those approved for automatic approval.
You May Be Eligible Pursuant To Section 1310 In The Listing Of Impairments
If you have breast cancer other than sarcoma then you may qualify for Social Security disability benefits pursuant to the specific breast cancer listing in the Listing of Impairments if one of the following is true:
-
You have locally advanced cancer. This includes inflammatory carcinoma, cancer of any size with direct extension to the chest wall or skin, or cancer of any size with metastases to the ipsilateral internal mammary nodes.
-
You have carcinoma with metastases to the supraclavicular or infraclavicular nodes, to 10 or more axillary nodes, or with distant metastases.
-
You have recurrent carcinoma .
-
You have small-cell carcinoma .
-
You have breast cancer with secondary lymphedema that is caused by anticancer therapy and treated by surgery to salvage or restore functioning of an upper extremity. This is considered a disability for at least 12 months from the date of surgery that treated your secondary lymphedema. After that, your eligibility will be evaluated based on any residual impairments you suffer.
These specific criteria are not the only way you may be found eligible for Social Security disability, however.
Don’t Miss: Is Estrogen Positive Breast Cancer Slow Growing
To Qualify For Ssdi Benefits Or Ssi Based On Breast Cancer You Must Be Unable To Work And Your Breast Cancer Must Have Lasted For One Year Or More
By Bethany K. Laurence, Attorney
Breast cancer is a type of cancer that develops in the cells of the breast. Symptoms of breast cancer may include swelling or a change in the shape of your breast, a nipple that is inverted inward, unusual discharges from the nipple, the feeling of a lump in your breast, or irritated and peeling skin over your breast. This cancer can be present in both men and women. Your doctor can diagnose breast cancer through the use of a clinical breast exam, a mammogram , a biopsy , and/or an MRI . The stages of breast cancer range from Stage 0 to Stage IV.
Giving Up Work After Breast Cancer
Some people choose to stop working altogether after a diagnosis of breast cancer. This may be for health reasons or because the experience of having breast cancer has made them re-assess whats important. However, giving up work is not an option for everyone and your circumstances may mean its not possible for you to do this.
Giving up work for good means you also give up any rights and benefits linked to your job. If youre planning to stop working, get independent employment guidance before you make any decisions.
You may be able to take medical retirement . This is an early retirement that means you can take your pension before your policy retirement age . Not everyone is eligible for this, it depends on your pension provider, employer pension scheme and individual circumstances. Speak to your employer or pension provider about whether this is possible for you.
Also Check: Invasive Ductal Carcinoma Survival Rate Stage 1
How To Qualify With Breast Cancer
Breast cancer is listed in Section 13.10 of the Blue Book. To qualify under this listing, you must meet one of the following criteria:
- Your breast cancer has spread to your collar bone, chest wall or skin, or to 10 or more auxiliary nodes
- Your cancer has returned despite anticancer therapies
- You have small-cell breast cancer, IBC, or metastatic breast cancer
- You have secondary lymphedema caused by cancer treatments requiring surgery to restore function of an arm
Anyone with IBC or metastatic breast cancer will have her claim automatically expedited, as these conditions always medically qualify and warrant immediate approval.
Can You Apply For Disability Insurance If You Have Cancer
Unfortunately, if you donât have disability insurance or fear that the coverage provided by your employer wonât be enough, you canât apply for a new disability insurance policy with a recent cancer diagnosis or if you’re undergoing cancer treatment.
Disability insurance providers use risk assessment to make policy and premium decisions. If you have a new cancer diagnosis or are currently undergoing treatment for cancer, the insurer canât accurately assess your risk.
Once you go through treatment â whether surgery, chemo, radiation, or another treatment â and the cancer is in remission, however, you can apply for a policy to protect you from future accidents and illnesses.
In the meantime, if your illness does mean that youâre unable to work, you can apply for Social Security disability insurance .
You May Like: What Is Stage 3a Breast Cancer
Getting Disability Help When Diagnosed With Breast Cancer
The following information was provided by Deanna Power, Community Outreach Manager for Social Security Disability Help.
If you or someone you love has been diagnosed with breast cancer, there may be resources available for your family. Advanced, recurrent, and treatment resistant forms of breast cancer automatically meet the Social Security Administrations requirements for receiving disability benefits. When breast cancer is caught early, hasnt spread, or is highly treatable, it can be more difficult to receive a disability approval, but it is still possible in some cases.
Where To Find Information About Benefits And Financial Support
In the first instance, you may find it useful to speak to your employer or HR department, to find out what sick pay you are entitled to. Its also worth talking to your treatment team, as they may be able to refer you to a welfare adviser at your local hospital .
Your local Citizens Advice is also a good place to go for guidance. They can tell you what local government assistance and benefits may be available to you, your family and carers. They can also help you fill out benefit claim forms.
Macmillan Cancer Support offers free financial guidance and support to people with breast cancer. They also produce a booklet Help with the cost of cancer, which includes information on the benefits available for carers, help with housing costs, childrens needs and transport. For more information, speak to the financial guidance team on 0808 808 00 00.
Read Also: What Are The Symptoms Of Stage 1 Breast Cancer
Returning To Work After Breast Cancer Treatment
If youve taken time off or reduced your working hours during your breast cancer treatment, when you decide to return to work will depend on how youre feeling, what your job involves and your financial situation.
If your job is physically or mentally stressful, you may also need more time off before you feel ready to return.
Returning to work can be a very positive step and may help some people move forward by regaining some normality. However, many people feel disappointed and frustrated that it isnt as easy as they imagined. This may be because they are experiencing side effects of their treatment such as fatigue, or are adjusting to life after a cancer diagnosis and the emotional changes this can bring.
It can be helpful to discuss your plan to return to work with your treatment team, occupational health or Human Resources department and your manager. Your employer is required to make to help you return to work and manage work long term.
You may be able to get financial support and childcare support during and after treatment.
Although it is not possible for everyone, some people .
A Guide To Disability Benefits And Breast Cancer
When youre dealing with a diagnosis of breast cancer, or already going through treatment, your health is obviously top priority. But making sure you have financial support is also crucial.
Disability benefits can give you some much-needed peace of mind when youre dealing with treatment side effects and taking time to heal, but navigating the system and understanding if you qualify can be a challenge.
This is especially true for those with early stage breast cancer, according to Sophie Summers, a human resources manager at software firm RapidAPI.
In the initial stage of breast cancer, you have to cross more miles to get disability benefits, she says. Those suffering from stage 3 or above are more likely to medically qualify, but there are still ways to get some benefits, such as coverage of medications.
American Cancer Society , those who have any type of cancer may be able to have an SSDI application processed more quickly.
Benefits are limited to those who are unable to perform substantial gainful activity, according to Liz Supinski, director of data science at the Society for Human Resource Management.
There are limits on how much a person can earn and still collect, she says. Its about $1,200 for most people, or around $2,000 per month for those who are blind.
You should also be able to prove that your breast cancer affects whats called your residual functional capacity for work.
- stage 4 breast carcinoma
Read Also: What Is Stage 3a Breast Cancer