Is Cancer an "Instant Approval" for Social Security Disability?
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- Опубликовано: 30 сен 2024
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Will a diagnosis of cancer automatically qualify you for Social Security disability benefits?
As I discuss in this video a cancer diagnosis, as devastating as it may be will not result in a definite finding of disability. Social Security does not issue disability awards based on your diagnosis. Instead SSA adjudicators or judges will ask how your cancer has impacted your capacity to function in a work environment.
They will also ask if your cancer treatment or the limitations arising from your condition have lasted or are expected to last twelve consecutive months since SSA’s definition of disability contains a twelve month duration requirement.
There are two “theories of disability” you can use if you have been diagnosed with any form of cancer. The first is called “meeting a listing” and Social Security will look at Listing 13 (bit.ly/2C5QgS0) to determine if your form of cancer meets the severity requirements set out in Listing 13's subsections.
Generally speaking a “listing level” impairment is extremely severe and most likely causes significant functional limitations. But thanks to medical advances, many cancers are treatable or curable and may not prevent you from working for twelve consecutive months. So I often speak with cancer patients who have significant issues but who are not at listing level.
If your cancer does not meet a listing, or, more accurately, if the medical evidence in your file does not clearly show that you meet one of the subsections of Listing 13, you can still win by pursuing a “functional capacity” argument.
When arguing functional capacity in a cancer case I would identify the symptoms, medication side effects, cognitive side effects and any other work impact you are experiencing.
If you have other medical conditions (such as diabetes, heart disease, depression, etc.) we can ask the judge to consider the combined effect of all of these conditions to conclude that you do not have the capacity to function at even a simple, entry level job.
Unsure about how a recent cancer diagnosis will affect you and whether it makes sense to pursue Social Security disability. Please reach out and let’s talk about it.
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Radiation is really tough. I had Uterine Cancer and I had to undergo 10 days of the highest amount of radiation they were allowed to give. I was so sick and was still recovering from the Radiation a long time after my surgery. I didn't have disability but I have an amazing supportive job that allowed me to take the time off I needed and the money in savings to be able to do that. I was diagnosed on February 11, 2014 and was back at work in August of 2014. I had my radiation in April and a total abdominal hysterectomy in June. They found the cancer because of a pulmonary embolism I had after a blood transfusion. Thank you for your videos they are extremely helpful.
Thanks for the kind words Stephani and I hope you continue to heal.
please call me mr ginsburg i have stage 4 throat cancer toungue in pain 24/7
Please send me a case eval at ssdanswers.com/contact/
Basically, you have to be dying,blind deaf, or no limbs to get fast approval. People sometimes want instant approval but SSA isn't set up like that. Thank you for your information. Your videos are a blessing.
I wouldn't go quite that far but generally speaking you do have to be at listing level (see meetalisting.com) to win early and the listings are difficult to meet. However, according to SSA about 1/3 of all initial applications are approved so there are plenty of deserving claimants (who are very sick) that get approved early.
My wife is 72 years young and is still working and has been drawing Social security since age of 66. She has stage 3 renal failure. Diastolic heart failure. Pacemaker August 2023. Diagnosed first of December 2023 with Non-Hodgkin's lymphoma. Her treatment is definitely going to be ongoing for some time. It would be interesting to see approved Social Security disability.
There is another way to qualify.
Some types of cancer are listed as CAL (Compassionate Alliance) ; and TERI (Terminally Ill) categories; but there are not exactly "automatic" or "guaranteed". In theory, some conditions (incl. some cancer/cancer-related conditions on the "CAL" or "TERI" categories can be subject to a "QDD" ["Quick Disability Determination"] as a fast-track decision. However, one must meet "Step 1" (not working/performing in SGA-must be this or cannot quality); if meets step 1; then sequential evaluation process: go to step 2) "condition must be "severe" ...
...(cont'd)...(interfere with basic work activities ---usually would meet this step; and then Step 3) If a CAL or TERI -category impairment , that meets the specific category requirements -then, at least in theory, would "meet or equal in severity" to the "severity of specific impairment" ; and would qualify as "Step 3-Meet the "Severity" of a Listing-Impairment/ or equal in "severity" of a Listing-Level Impairment. Essentially, this is simply to "meet or EQUAL a listing" ; however, isuch a condition; which includes many cancer/ cancer-involved condition get "QDD" / or fast-tracked for a condition. The unfortunate reality is that this is not always done properly.
Good points. Understand that TERI and CA are procedures. Medically you would still need to be at listing level.
Interesting new background Jonathan.... are you out in the woodshed? LOL
As always.... a great video that clearly explains how a cancer diagnosis is not a factor in an immediate approval but how the IMPACT that the cancer and the required treatment and possible lasting side effects after treatment have on the individual's ability to return to their prior employment or returning to the workforce in a new capacity based on education, transferable skills, and age! Thanks again for the time you put into these videos in helping those facing disability!
No, too hot outside. I ordered a couple of video backgrounds and I rearranged my studio so I can record standing up. I have a blue one that I will roll out at some point in the future.
@@ssdattorney Get yourself a tropical looking background and a couple of nice Hawaiian shirts and film a video or two holding a nice margarita.... you might shake up your viewers a bit! Those of us that follow your videos know that no matter what you're wearing that your knowledge, insight, and presentations are top notch! Thanks as always. Your cancer presentation was right on point!
My breast cancer was met under a listing because of the 4 tumors I had in my breast one was so large it actually grew into my chest wall and could not be removed fully by the surgery leaving it as unresectable. So I still have to take oral meds to see if it can kill the remaining cancer. Along with the oral meds for the cancer I have to take 5 other meds to offset the side effects of those medications which in turn have side effects of their own. I was still DENIED. Can you please give me some advice
I have no advice, I just wanted to say how sorry I am for all you have been through. I hope things get much better for you very soon. God bless ❤
Nette, you didn't say if you were denied at the administrative level (initial application or recon) or at a hearing. If ad administrative level you should definitely appeal as this sounds like a winning claim to me.
@@ssdattorney it was at the hearing level, but thank you
@@valerie2827 thank you so much for your kind words, much needed
God bless you, trooper. Sending positive thoughts that an appeal will be approved and you will heal soon.
Nice
I had my case sent back to the judge from appeal council. If the judge deny it again for the second time and the appeal concil disagree again will it get sent back to the judge?
I believe that a second remand would go to a different judge. I would certainly ask that this be the case.
Social Security Disability videos Usually the case but it is not always caught by the schedulers.
Right On🤩👍
Helpful excepto during the pandemia too dificult
Hi
I'm William Carlisle
Hello William.
Great video
In India it is not
My wife has stage 4 ovarian cancer with Mets to the lungs. She will be on chemo for life or until the cancer no longer reacts. She has side effects from the chemo and the injections to increase her white blood count. Can she qualify for long term disability? Currently she is still on leave but pretty soon if she does not show up to work she will be fired .
Can you please do a video on Heart disease and heart conditions? Thank you for your videos
I've been through chemo, just had part of colon removed and next will be immunotherapy. Had hoped to go back to work during immunotherapy phase to make some extra cash before applying for SSDI. I have stage4 colon cancer w mets to liver.
Is going back to work shooting myself in the foot? Or can I ALWAYS get ssdi with my stage 4 cancer even from work?
2014 was sick and dismissed by local er staff ,2015 had worened alot now Obama care has passed return to hosp got diagnosed with diverticulitis resulting in ostomy bag,aswell hiv diagnosis and help c.zero disability help only help from soc serv slid down may levels of homelessness 2020 arterial hypertension group 1 diagos start treatment yesterday diagnosed rectal cancer requiring immediat chemo and radiation .SS Hearing set for mar 30 .can you bee an odds maker for me
I was diagnosed with B cell Non Hodgekin Lymphoma last month, the doctor notes stated that I cannot work for 6 months. I work for the USPS and cannot lift boxes due to a medport placed in my chest for chemo treatment. Can I claim for Disability right now or do I need to wait for a year? Thank you