When Social Security Disability Can Offer Financial Relief
Cancer can qualify you for Social Security Disability benefits if it keeps you from working for at least 12 months.
Because everyone knows cancer as a serious disease, it might seem like it should be easy to qualify for disability benefits.
But meeting Social Security’s standards is difficult, even with a cancer diagnosis.
You need to show that your cancer is serious enough to make working a substantial amount at just about any job impossible. Many people can work despite their cancer symptoms and side effects from treatment. They would not qualify for benefits.
Your cancer disability claim needs objective evidence to back it up. You need to understand what the Social Security Administration (SSA) looks for in an application for benefits.
Get help from Dallas disability lawyers who know this system and what it takes to get approved for life-changing benefits.
Morgan Weisbrod is one of the top disability law firms in Texas for successful claims, according to recent SSA data.
Some of our disability attorneys have taken the extra step to get certified by the National Board of Trial Advocacy.
We’ve been helping Texans get their claims approved and get back on the road to financial stability for decades.
Don’t go through this on your own. Talk to our team and learn more about how our Texas disability lawyers can help you navigate this process.
You won’t pay an attorney fee until you win disability benefits.
When Is Cancer Considered a Disability in Texas and Nationwide?
Despite all the impacts of both the disease and the treatment, Social Security only calls cancer a “disability” when it forces you to stop working for the long term.
This is true for any kind of cancer. Many cancers appear in Social Security’s “blue book” of health impairments, meaning disability claims examiners have a specific way of evaluating these forms of cancer when you apply for disability benefits.
Some examples of cancers on the list of qualifying impairments include:
- Head and neck cancers
- Intestinal cancers
- Kidney cancer
- Leukemia
- Lung cancer
- Lymphoma
- Skin cancer
If you successfully claim disability benefits for cancer, it’s also important to know how long Social Security will consider it a disabling condition. For some cancers, Social Security considers you to have a disability until at least three years after complete remission. Then it reviews your claim again.
Don’t assume you can’t qualify for benefits if you don’t see your type of cancer listed on the SSA’s website or if you’re not sure that you meet the exact requirements outlined in the entry about your cancer.
You could still receive benefits if you can show that you can’t work because of limitations from your cancer and that your condition will last 12 months or longer or is terminal.
A Texas disability lawyer can help you understand Social Security’s requirements and determine if you have a strong case for benefits.
Start with a FREE cancer disability claim evaluation.
What Evidence Do I Need for a Cancer Disability Claim?
All disability claims need evidence. Even if you think your cancer is obviously a disabling condition that prevents you from working, Social Security won’t believe you automatically.
You’ll need to back up your claim with objective evidence, not just your own words. Our Dallas Social Security Disability lawyers can help you identify evidence that can help you make a stronger case.
When you apply for disability, include items like:
- Pathology and lab reports confirming your diagnosis
- Imaging results, like X-rays and MRIs
- Information about your cancer treatments, including drug names, dosages and how frequently they’re administered
- Evidence of any operations you’ve undergone and their outcomes
- Information about any side effects you’ve experienced due to your treatments
- Your doctor’s assessment of your everyday functioning
- Records showing your cancer has not responded to treatment or has returned
- Evidence that your cancer has spread to distant parts of your body (metastasis)
- Information about accommodations you needed when you worked with cancer, like a reduced workload
- Statements from friends and family who have seen how cancer disrupted your life
Gathering up this evidence is sure to be time-consuming, especially if you’ve seen multiple specialists or have been seeking treatment for a long time.
Our experienced Dallas disability attorneys can help you understand what you need to make your claim convincing and keep your evidence organized.
What Are Compassionate Allowances for Cancer Disability Claims?
Getting approved for disability benefits takes a long time, but some types of cancer can qualify an applicant for the Compassionate Allowances program.
This is a way for Social Security to quickly recognize medical conditions that should obviously qualify for benefits. If your condition is included, Social Security flags your application to speed up the review of your claim.
Some types of cancer that can be considered for Compassionate Allowances, especially when they are inoperable, have spread or have recurred, include:
- Acute forms of leukemia
- Advanced breast cancer
- Glioblastoma (brain cancer)
- Inoperable kidney cancer
- Malignant melanoma that has spread to other body parts
- Pancreatic cancer
- Small cell lung cancer
- Advanced stomach cancer
Getting disability won’t be automatic just because your claim gets flagged for this program.
You still need to gather evidence and make your application for benefits persuasive, but approval could take weeks rather than months or even longer.
If doctors expect your illness to be terminal, Social Security can also flag your claim as a terminal illness (TERI) case, which speeds up processing.
Our Dallas Social Security Disability lawyers will work to help you find any options available to speed up the process and get you benefits faster.
How a Texas Disability Attorney Helps with Cancer Disability Claims
Most people get denied disability benefits the first time they apply, even with serious illnesses like cancer.
That’s one of the many reasons why you shouldn’t try to navigate this process alone. You’re already stressed about your health and your finances, and winning benefits takes significant work.
Let our Texas Social Security Disability lawyers help you. The team at Morgan Weisbrod can:
- Listen to your story and identify job tasks you can’t do because of your health
- Answer any questions you have about the disability process
- Identify evidence that can support your cancer disability claim
- Help you fill out application forms
- Keep you aware of any important deadlines
- Support your appeal if you get denied disability benefits
- Prepare you for the judge’s questions at your disability hearing
- Represent you at your hearing in front of an administrative law judge (ALJ)
- Cross-examine vocational or medical experts at your hearing
- Ask the Appeals Council at Social Security to review your case, if necessary
- File your appeal in Federal District Court, if needed
Our disability lawyers have 70 years of combined experience. We’ve helped thousands of Texans win benefits when they were going through a difficult time and worried about their health.
If you’re in Dallas, Fort Worth, Arlington, Plano or anywhere else in Texas and find yourself unable to work because of cancer, talk to our Social Security Disability attorneys.
by Paul B. Burkhalter Managing Partner of Morgan Weisbrod, Board Certified in Social Security Disability Law.