Cancer and Your Social Security Disability Case

Mar 21, 2011 No Comments by

This article discusses briefly how cancer is evaluated in your Social Security Disability Case.  Cancer makes you think immediately of the word incurable. But that is not always the case. With modern medicine, some individuals with cancer receive treatment and go on to live long normal lives. Cancer can be treated in different ways. Usually the cancer is removed by surgery and then some form of chemotherapy is administered.  Various treatments are discussed here: http://www.cancer.gov/cancertopics/treatment/types-of-treatment.

The way that the Social Security Administration treats cancer and your Social Security disability case will vary greatly on the type of cancer you have. Some forms of cancer are on the compassionate allowance list of the Social Security Administration. Compassionate allowance is a way that the Social Security Administration expedites claims that obviously meet disability listings. The SSA compassionate allowance list is found here: http://www.ssa.gov/compassionateallowances/conditions.htm and a discussion of compassionate allowance is found here: http://www.ssa.gov/compassionateallowances/.

It is important to remember that a condition is considered disabling if it is expected to last longer than 12 months. It is possible that your cancer can be diagnosed, removed and put into remission in less than 12 months.

Depending on the type of cancer you have you may receive an initial and reconsideration denial from the Social Security Administration on your disability case based on the optimistic view that you will be in remission within 12 months. Proving your Social Security Disability case at hearing while your cancer is in remission will require medical records showing that your symptoms prevent you from working.

There may be side effects from your cancer treatment even after your cancer is in remission. If you feel that you have residuals from your chemotherapy you need to discuss these symptoms with your doctor as soon as possible and receive treatment. A discussion about the late effects of cancer treatment is found here: http://www.mayoclinic.com/health/cancer-survivor/CA00073.

As with all Social Security Disability cases, cancer patients need medical records to show that they are disabled either from cancer, the treatment or residuals from the treatment.

More information on specific varieties of cancer by the Social Security Administration is found here: 13.00-Malignant Neoplastic Diseases-Adult.

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About the author

Kim obtained her undergraduate degree from the University of North Carolina at Charlotte and her Law Degree from the University of North Carolina at Chapel Hill. She is a strong advocate for the rights of the disabled and worked in the past for the North Carolina Department of Justice. She is a member of the North Carolina Advocates for Justice and the National Organization of Social Security Claimants Representatives. Kim is admitted to practice in the Eastern and Middle Districts of the United States District Court.
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