If you were diagnosed with cancer and its symptoms or treatment significantly hinders your daily life, you may qualify for disability benefits by the SSA. Determining whether your cancer is a disability depends on the scope and severity of your condition.
Other factors besides your cancer diagnosis affect your eligibility for SSDI or SSI benefits. Things like filing the right paperwork or securing enough work credits can make or break your cancer disability claim.
If you want to potentially increase your chances of approval, hire a Social Security attorney to supervise your claim. They can arrange the evidence you’ve gathered to create a case ready to send to the SSA.
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Is Cancer Considered a Disability by the SSA?
The SSA considers cancer a disability if its symptoms or treatment force you out of work for more than 12 months.
Your cancer and its symptoms should also fall near the SSA’s Blue Book, an impairment list detailing common types of disabilities the SSA compensates for.
If your type of cancer isn’t on the list, the SSA may still consider your cancer a disability if you cannot perform your past work, if any at all.
You also cannot engage in substantial gainful activity while receiving benefits due to your cancer. Substantial gainful activity includes any type of work that can earn you a weekly wage.
Types of Cancer That May Qualify for Disability Benefits
The Blue Book lists several types of cancer as eligible for disability benefits by the SSA. Examples of such cancers include:
- Prostate cancer
- Malignant melanoma
- Lymphoma
- Soft tissue cancer
If your type of cancer isn’t listed in the Blue Book, you can still qualify for disability benefits if your symptoms bar you from substantial gainful activity.
Request for a Medical Vocational Allowance from the SSA to prove you cannot work for a year while in recovery. They may administer tests or have you take a Residual Functional Capacity evaluation to prove you cannot work. Even if your cancer condition isn’t listed, you may still qualify for benefits.
Cancer and Compassionate Allowance
Some versions of cancer may metastasize faster than others, developing Stage 3 or higher symptoms before 12 months pass.
The SSA lists such cases under the Compassionate Allowance program, where conditions are so serious that only a medical diagnosis is needed.
This allows the SSA to provide benefits to victims as fast as possible, sometimes in just a few weeks.
Examples of cancers that may qualify for Compassionate Allowance include:
- Pancreatic cancer
- Acute leukemia
- Stage 3 or inoperable breast cancer
- Gallbladder cancer
- Small cell lung cancer
If you believe your cancer is a disability that requires Compassionate Allowance, file your SSD claim as soon as possible. Get a second opinion from your doctor and gather evidence for your claim.
How to Start Your Cancer SSDI or SSI Disability Claim
If you suffer from cancer and its effects prevent you from working, you may qualify for SSDI or SSI benefits. To start, have access to a computer or speak to a SSA representative through the phone using this number: 1-800-772-1213.
You must first create a my Social Security account to receive important updates regarding your application from the SSA.
It’s best to prepare for your application before applying to avoid delays or a possible denial of your benefits. The best way to prepare for your application is by hiring a Social Security attorney to arrange your evidence.
1. Submitting a SSDI or SSI Application
To take the first step, you must submit your disability application to the SSA to apply for SSDI or SSI benefits. The best way to apply is through their online portal, but you can schedule an in-person appointment with a SSA if that’s more comfortable.
If your cancer conditions are severe and not listed under the Compassionate Allowance program, you can submit your condition to be listed. You must provide the name of your cancer and an accurate description of its effects, with possible medical documentation.
2. Collect Evidence to Support Your Claim
Most of the documents the SSA requires you to gather fall under the following categories:
- Proof of citizenship
- Marital records
- Medical documents showing the effects of your cancer diagnosis
- Banking info if opting into direct deposit
- Employment history
- Military records if applicable
Medical documents the SSA may require you to submit include:
- All medical tests, x-ray, and imaging scans showing the progression of your cancer diagnosis
- Doctor’s notes proving your cancer cannot be removed by surgery or normal means
- Proof of your cancer treatment, such as prescriptions and chemotherapy
The SSA may require you to submit originals of important documents and will return them after processing your application.
This is the most important part of the application process and can make or break your cancer disability claim. The more evidence you have to support your entitlement to benefits, the higher your chances of approval.
3. Appealing a Denied Cancer Disability Claim
Keep in mind that the SSA may deny a cancer disability claim for a variety of reasons:
- Not enough work credits
- Failure to fulfil basic requirements
- Ability to return back to work
- Earning too much to qualify
A major factor that can cause a cancer disability claim to get denied is a lack of medical documentation. The SSA may not have enough evidence to understand the nature of your cancer, which leads to denial.
If you were unjustly denied a cancer disability claim, you have 60 days to reserve the right to appeal.
You can submit a reconsideration by submitting new and relevant information online. If that doesn’t work, you can request a hearing with an administrative law judge regarding your cancer claim.
The next step if you disagree with the hearing is requesting a review by the Social Security’s Appeals Council. The last step above all else is filing a civil action in federal court.
Can Cancer Treatment Allow You to Collect Disability?
Certain forms of cancer treatment such as radiation and chemotherapy have their own side-effects that can take a person out of work. If your cancer treatment’s side effects force you out of work for more than a year or leave long-lasting ailments, you may qualify for disability.
The effects of cancer treatment vary from case-to-case. This is why the SSA requires you to submit ample medical documentation to prove your cancer treatment’s severity.
Some forms of treatment can cause side-effects so severe it may not show for months or years after treatments end. Those effects themselves may allow you to qualify for Social Security benefits if you’re barred from work.
When is Your Disability Considered Healed if You Have Cancer?
If you have cancer, you’re considered healed if you stayed in remission for more than three years. This is called the “3-Year Rule”, and during this period you’re awarded Social Security disability benefits if you qualify.
Working Under Cancer Treatment, Can You Still Qualify?
If you’re able to work while receiving cancer treatment, there’s a high chance you may not qualify for disability benefits. You can only qualify for disability benefits if you cannot participate in any substantial gainful activity while in recovery.
Other forms of benefits may be open to you if you can work while under cancer treatment, such as short-term disability. Talk to your Social Security disability attorney to know more about such benefits.
How Long Does a Cancer Disability Case Take?
Your Social Security disability claim for cancer may conclude after 6-8 months from when you first applied. If the SSA requires further information from you, your claim may take longer. Mistakes and revisions in your application may also delay your claim.
If your cancer reaches stage 3 or is terminal, your disability claim may be expedited to just a few weeks. This ensures you receive benefits in a timely manner if you’re suffering from severe symptoms.
Want to Start a Cancer Disability Claim? Hire an Attorney to Help.
The best way to start a cancer disability claim is by hiring an attorney who knows where your claim stands. If you need legal guidance, LegalASAP is connected to 500+ law firms around the United States who may help bring your case from application to approval.
To sign up for a FREE consultation with an SSD attorney, you can fill out this short evaluation form or call 1-888-927-3080 to speak to a representative directly.
Connect with an attorney who knows your state’s laws and can maximize your chances of approval.
Jan Reburiano is a content writer and SEO specialist for law firms focusing on personal injury, disability, employment law, among other practices. He has written and edited numerous articles and created commercial spots for broadcasters that you can find in his LinkedIn. Jan currently lives in Los Angeles, California while writing for clients from around the United States.
