Can You Get SSDI for Breast Cancer?
According to the American Cancer Society, approximately 1 in 8 women in the United States will develop invasive breast cancer at some point in their lifetime. If you experience this debilitating disease, can you receive disability?
If you have been diagnosed with breast cancer, and your illness is preventing you from performing your job, you may be eligible for Social Security Disability benefits. In this post, we will provide you with some basic information about the different ways that you might qualify for social security disability with breast cancer.
Qualifying for Social Security Disability for Breast Cancer
As with any social security disability case, in order to qualify for benefits, your illness must prevent you from work. It will also depend on the the stage or severity level your oncologist assigns to your particular breast cancer diagnosis.
The Social Security Administration (SSA) names the qualifications for disability benefits for breast cancer in their Blue Book listing 13.10. The listing calls for medical evidence that your breast cancer has certain characteristics.
Your doctor and your social security disability appeals lawyer can help you determine if your specific case of breast cancer meets the SSA criteria. In general, qualification depends on the location and severity of the original tumor and any metastases (spreading of the breast cancer).
What is the Compassionate Allowance for Social Security Disability?
For your next step, determine whether you qualify for the Compassionate Allowance. The SSA lists 88 illnesses that potentially qualify for the Compassionate Allowance program. This program accelerates the claims process, so you receive benefits sooner than in the normal process.
The Compassionate Allowance program requires you have an advanced stage of cancer with very limited treatment options. Sometimes your initial diagnosis may not meet the requirements of the Compassionate Allowance program. However, sometimes the cancer progresses to the point where it qualifies for this quicker process.
How does a Medical-Vocational Allowance Apply to Breast Cancer?
Regardless of the Blue Book listing qualifications, you may still receive Social Security Disability benefits through a medical-vocational allowance.
For a medical-vocational allowance, the SSA determines something called your residual functional capacity (RFC). RFC refers to the type and amount of work you are able to perform. If based on your RFC, you can’t do your current job or easily learn a new one, the SSA may approve you for disability benefits.
In the case of breast cancer, your RFC should consider far more than your initial symptoms. Claims should include the side effects from any surgery, radiation and/or chemotherapy, including:
- memory loss
- and mood swings.
Your age may also factor into the claim, as older people may struggle to learn new job skills as easily.
Help from a Trusted Memphis Social Security Disability Attorney
Even with all your ducks in a row, you may still receive a denial. In fact, the SSA denies the majority of claims the first time around.
Our attorneys help cancer patients appeal successfully for Social Security Disability benefits. We work with your doctors and medical team to build a successful appeal, so you get the benefits you need and deserve as quickly as possible.
What’s more, we don’t make a penny unless we win for you.
You only have 60 days to appeal. So to get started, contact us today for a free appointment. We look forward to helping you!