Breast cancer is a serious illness that can profoundly impact an individual’s life, both physically and financially. For many patients, the question arises: does breast cancer qualify for Social Security Disability benefits? In this blog, we’ll explore how breast cancer is evaluated by the Social Security Administration (SSA) and what steps you should take to determine if you qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Understanding Social Security Disability Benefits
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two programs administered by the SSA that provide financial assistance to individuals who are unable to work due to a disability. While SSDI is based on your work history and contributions to Social Security, SSI is need-based and provides support regardless of work history, focusing on income and resources.
Qualifying for SSDI and SSI with Breast Cancer
To qualify for SSDI or SSI with breast cancer, you must meet specific criteria set by the SSA:
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Medical Criteria: The SSA has a list of medical conditions that are considered disabling, known as the “Blue Book.” Breast cancer is listed under cancer listings in the Blue Book, specifically under “Malignant Neoplastic Diseases” (Listing 13.00). To qualify, the breast cancer must meet certain severity requirements. The SSA evaluates the extent of the cancer, including:
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Extent of the Disease: The cancer must be in an advanced stage or have spread beyond the breast, such as to the lymph nodes or other organs.
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Treatment Side Effects: The impact of ongoing treatments like chemotherapy, radiation, or surgery must be significant enough to impair your ability to work.
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Residual Effects: The SSA considers the residual effects of treatment and whether they cause ongoing limitations.
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Duration of Impairment: For SSDI and SSI, the condition must be expected to last at least 12 months or result in death. If your breast cancer is aggressive and has a poor prognosis, you may meet this requirement.
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Impact on Daily Functioning: The SSA looks at how the condition affects your ability to perform work-related activities. If breast cancer, along with its treatment and side effects, prevents you from engaging in substantial gainful activity, you may be eligible for benefits.
Applying for Disability Benefits
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Collect Medical Evidence: Gather all relevant medical records, including biopsy results, treatment histories, and notes from your healthcare providers. This documentation should detail the severity of your condition and how it affects your daily life.
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Submit Your Application: You can apply for SSDI and SSI online, by phone, or at your local Social Security office. The application will require detailed information about your medical condition and your work history or financial situation.
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Understand the Review Process: The SSA reviews your application and medical evidence to determine if you meet the criteria. This process can be lengthy and may require additional information or clarification from your doctors.
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Be Prepared for an Appeal: Many initial claims are denied. If this happens, don’t be discouraged. You can appeal the decision, and having a lawyer experienced in Social Security Disability cases can be beneficial in navigating the appeals process.
Seeking Legal Assistance
Given the complexity of the application process and the detailed medical information required, many individuals find it helpful to work with a disability attorney. A lawyer can assist in preparing your application, ensuring that all necessary documentation is included, and representing you during any appeals.
Conclusion
Breast cancer can qualify for Social Security Disability benefits, but meeting the SSA’s criteria requires detailed medical evidence and a thorough understanding of the application process. If you or a loved one is dealing with breast cancer and struggling with the impact on your ability to work, Law Offices of Christopher Le is here to help. Our experienced team can guide you through the process, from gathering evidence to handling appeals, and work to secure the financial support you need during this challenging time.
Contact us today for a consultation and let us assist you in navigating the complexities of Social Security Disability benefits for breast cancer.
