Is Cancer a Disability? Eligibility for Disability Benefits with Cancer

A diagnosis on its own may not be enough for approval of a cancer disability claim. Qualifying for disability with cancer generally requires documentation that your condition is severe and prevents you from working and earning a living.

Qualifying for disability with cancer is possible through two programs offered by the Social Security Administration: Social Security Disability Insurance and Supplemental Security Income. Eligibility for benefits through SSDI requires that you be “insured” by working long enough and paying Social Security taxes on the earnings. SSI is a needs-based program, so your income and resources must be limited.

A cancer disability claim must be supported by medical records proving that your condition is severe and prevents you from working. This blog explains the process of obtaining disability benefits for cancer. After you read through it, know that the disability lawyers at Sackett and Associates are ready to answer your questions and help with your claim. They’ve been helping people throughout Northern California and other parts of the country with disability claims for more than 45 years. 

Is Cancer A Disability?

To be approved for disability benefits for cancer, you must be “disabled” according to the definition used by the Social Security Administration. You are disabled only if you have a medically determinable physical or mental impairment that lasts or is expected to last for at least 12 continuous months or to result in death. You must be unable to do substantial gainful activity because of the impairment or a combination of impairments.

The Disability Evaluation Process

When you apply for disability benefits for cancer, the application goes through a sequential evaluation process to determine eligibility for benefits. The following is an outline of the process:

1. Current Work Activity: If you are working with average monthly earnings of $1,550 or more in 2024, you are capable of substantial gainful activity and are not disabled. The SGA level for someone who is statutorily blind is $2.490. If you are not working or earning at an SGA level, the review process moves on to the next step.
2. Medical Severity Of Your Condition: This step evaluates whether your medical condition causes impaired functioning that limits the ability to do work-related activities, including standing, lifting, hearing, carrying, walking, and climbing stairs. If you do not have a severe condition, your application is denied; otherwise, the review moves on to the next step.
3. Meeti Or Equal A Listed Impairment: The SSA maintains a listing of impairment, also called the Blue Book, containing severe medical conditions. If you match or functionally equal the criteria for a listed condition, you are disabled. However, not meeting or equaling a listed condition does not preclude you from qualifying for disability benefits. Instead, the evaluation process moves to the next step.
4. Ability To Do Past Relevant Work: An assessment of your residual functional capacity is conducted to determine if you can do work that you did in the past. It’s not a question of whether you can be rehired. It’s that you can do that past type of work. If you do, you are not disabled, but the inability to do past types of work lets the process move to the last step.
5. Ability To Do Other Work: Factoring in your age, education, skills, and experience along with limitations imposed by your physical or mental condition, a determination is made whether you can do the types of work available in the national economy. If you can, then you are not disabled.

If the evaluation process determines that you are eligible for SSDI or SSI benefits for cancer, be aware that Social Security periodically reevaluates your medical condition. Your benefits may be terminated if you are cancer-free for at least three years following treatment.  

Cancer treatments can result in disabling medical conditions. This is important to keep in mind when qualifying for cancer disability benefits is unsuccessful. You may qualify for benefits based on the severity of a disabling condition related to the treatment.

What If My Cancer Disability Claim Is Denied?

If your application for disability benefits for cancer is denied, don’t give up. Instead, talk to a Sackett Law disability lawyer about challenging the denial through the appeal process.

You have 60 days from a denial of a cancer disability claim to request an appeal. The four levels of the appeal process include:

1. Reconsideration: Review of your claim by a new examiner who was not previously involved.
2. Hearing: An unfavorable reconsideration may be appealed by requesting a hearing with an administrative law judge.
3. Appeals Council Review: If an administrative law judge does not rule in your favor, you may request a review by the Appeals Council.
4. Federal Court Civil Action: An unfavorable decision from the Appeals Council lets you appeal by filing a civil action in a federal district court.

More than two-thirds of initial claims submitted each year are denied, so file an appeal instead of giving up.

Learn How Sackett Law Can Make A Difference

Sackett Law is the disability law firm that people throughout Northern California and other parts of the country have relied on for more than 45 years. If you have questions about cancer and Social Security disability benefits, contact Sackett Law today for a free consultation.