|
Social security disability cases are decided on the basis of medical record documentation and this includes admission and discharge summaries from hospitals as well as physician's office notes and reports of blood work and imaging studies (xrays, MRI and CT scans). However, all cases basically boil down to a determination that is made by either a disability examiner or a disability judge as to whether or not a claimant can engage in work activity while earning a monthly substantial and gainful income. This includes work activity performed in jobs that the applicant has performed in the past as well as other types of jobs that the social security administration believes the applicant would be capable of performing based on their functional capacities, education, age, and appreciable work skills. SSD and SSI cases filed primarily on the basis of cancer, of course, are handled fundamentally the same way as other cases, the only difference being that some cases, based on condition and terminal expectation, are expedited in the system. Cancer disability claims are approved in one of two ways: either by meeting or equaling the requirements of a specific listing in the social security administration's blue book, or by receiving a medical vocational allowance, a type of approval in which it is determined that the claimant cannot return to their past work, or engage in forms of other work. Will A Diagnosis of Cancer Get You Approved For Disability? Although a diagnosis of cancer is very traumatic, it is not a guaranteed approval for Social Security disability. Usually an individual’s cancer has to A) be inoperable versus being controlled with treatment, B) have distant metastases, or C) be recurrent after radical surgical procedures or irradiation. However, there are certain type of cancers that may garner an immediate approval for disability. For example, metastatic brain or spinal cord carcinoma, inflammatory breast cancer, mesothelioma of the pleura, oat cell cancer (small cell cancer) of the lungs, primary cancer of the liver, bile ducts, or gall bladder, and cancer of the pancreas are types of carcinoma that meet a listing for disability. Consequently, they are most often an immediate approval for disability benefits. When making a disability determination and evaluating the level of impairment resulting from a malignant tumor, Social Security considers the location of the neoplastic (cancerous) lesion, the formation and development of the tumor, the degree of involvement, the response to treatment, and the severity of residual symptoms (post treatment). Documentation must include a diagnosis of cancer that can be verified by symptoms, lab findings, and signs, along with a statement that includes the origin of the cancer and whether the malignant tumor is a primary, recurrent, or a metastatic tumor. Additionally, if an individual has had a biopsy, Social Security can use the operative report that includes the gross and microscopic examination of the tissues along with any other pertinent observations as part of their case documentation. In cases where an individual has had a malignant tumor that involved a lesion with metastases only to a regional lymph node that has been completely removed with little danger of recurrence or metastases, Social Security disability examiners will use the usual criteria to establish an individual’s disability. Meaning, they will gather the claimant's medical information and evaluate their residual functional capacity, work history and education when making a disability determination. However, if an individual’s carcinoma has spread beyond the regional lymph nodes, they most likely be approved for disability benefits based on meeting a neoplastic disease listing. No Social Security disability approval can be considered permanent if there is a chance for medical improvement. Disability approvals based on cancer are no different. In fact, if the original tumor and any metastatic disease appear to have disappeared and have not been evident for three years or more, the impairment no longer meets the disability criteria for a neoplastic disease. However, even if an individual's cancer has disappeared and has not been evident for three years or more, they may still be able to receive disability benefits. Remember, Social Security disability is based upon residual functional capacity (what an individual is able to do in spite of the limitations imposed by the condition or the residual effects of treatment). Therefore, if an individual still has significant post-treatment residual symptoms that severely restrict their ability to perform substantial gainful activity, they may continue to receive disability benefits. Disability Advocates Help with Claims Free Case Evaluation |
