Cancer Disability Lawyer in California

Cancer: Understanding the Condition and Your Disability Benefits

Cancer is a serious medical condition dramatically affecting the lives of millions of people. The symptoms of the disease and side effects of the methods used to treat it can be debilitating. However, a diagnosis may not be enough on its own for you to qualify for cancer disability benefits through the Social Security Disability Insurance or Supplemental Security Income programs.

The Social Security Administration, which oversees the SSDI and SSI disability programs, follows federal guidelines for eligibility for cancer disability benefits. The illness and side effects of treatment must be expected to make you unable to work and earn a living for at least 12 months or be expected to result in your death to satisfy cancer and disability qualifications.

Sackett and Associates is the disability law firm that folks throughout Northern California and the nation have relied upon for more than four decades for honest and dependable advice and representation when claiming disability for cancer. Sackett Law disability lawyers understand the unique challenges of a cancer diagnosis, so our disability lawyers commit their skills and knowledge to the task of proving that our clients have a disability that qualifies for SSI and SSDI benefits.

Is Cancer A Disability? A Comprehensive Guide to Symptoms and Treatment

Proving that someone diagnosed with cancer has a disability qualifying for benefits through SSDI or SSI begins with the disability definition used by the Social Security Administration (SSA). To qualify for benefits, you must be unable to do substantial gainful activity because of a medically determinable physical or mental impairment that has lasted or is expected to last for at least one year or is expected to result in death.

The SSA has a listing of impairments, commonly referred to as the “Blue Book,” that its claims examiners use to determine if a medical condition is severe enough to cause a person to be disabled according to the definition used to evaluate claims. Cancers, or malignant neoplastic diseases, are listed in Section 13.00 of the listings of impairments.

Many forms of cancer are listed, including the following:

1. Section 13.02 – Soft tissue cancer of the head and neck
2. Section 13.03 – Skin cancer
3. Section 13.05 – Lymphoma
4. Section 13.06 – Leukemia
5. Section 13.10 – Breast cancer
6. Section 13.14 – Lung cancer
7. Section 13.16 – Esophagus or stomach cancer
8. Section 13.20 – Pancreas
9. Section 13.23 – Cancers of the female genital tract
10. Section 13.24 – Prostate gland carcinoma
11. Section 13.29 – Malignant melanoma

Each listing contains the criteria to be met for a disability determination. For example, a person diagnosed with skin cancer is disabled if they meet one of two requirements:

1. Sarcoma or carcinoma with metastases to or beyond the regional lymph nodes; or
2. Carcinoma invading deed extradermal structures.

Someone who meets the criteria of the skin cancer listing is determined to be disabled because of a physical impairment severe enough to meet the definition of disability.

Cancer And Disability Qualifications Without The Blue Book

Disability claims for cancer that do not meet or are not medically equivalent to a listing may nonetheless be eligible for cancer disability benefits. Sacket Law disability lawyers know the SSA also uses a Residual Functional Capacity (RFC) evaluation to determine the type of work activities you can do based on the limitations caused by the cancer and the side effects of the treatment regimen prescribed by your physician.

RFC evaluates your ability to sit, stand, walk, lift objects, and other activities usually encountered in the workplace. Claims examiners review your medical records and RFC evaluation to decide if you can do the work you did in the past.

If not, they look to see if you can adapt to another type of work in the national economy with consideration given to your age, education, skill level, experience, and other factors. Sackett Law works with the medical professionals treating you to ensure that your medical records are complete and up-to-date and include all information needed when claiming disability for cancer.

Expediting Benefits For Cancer As A Disability Condition

The Compassionate Allowance program of the SSA expedites applications for SSDI or SSI for cancer that it knows will meet the eligibility criteria during the review process, including:

1. Breast cancer
2. Non-Hodgkin’s lymphoma
3. Acute leukemia
4. Anaplastic adrenal cancer
5. Pancreatic cancer
6. Liver cancer

When a claim of cancer as a disability condition with medical documentation showing it clearly meets the federal definition of disability is identified, it is expedited for processing and approval of benefits.

Contact Northern California’s Premier Disability Lawyer

If you have been diagnosed with cancer that prevents you from working, the last thing you need is to struggle through a complex maze of federal laws and regulations trying to get SSI or SSDI cancer disability benefits. Focus on your health while a disability lawyer from Sackett Law takes care of your disability claim. Contact Sackett Law today for a free consultation to learn why people throughout Northern California and the nation rely on Sackett Law when they need professional and compassionate representation.