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Can I get Social Security Disability for Throat Cancer?

Appealing for benefits is best done under the guidance of an experienced disability lawyer.

Author Attorney Greg Reed:
Updated: 10/9/2024

Can I get disability benefits if I am suffering from the effects of Throat Cancer?

First you must meet the SSA’s financial requirement: You must have worked long enough, recently enough, and not made over a predetermined level of income.
Second you must meet the medical requirements:
Your cancer must match the following criteria:

  •    the cancer is inoperable or unresectable; or
  •   the cancer has spread to other parts of the body; or
  •    the cancer is recurrent after surgery or radiation; or
  •    the cancer is a small cell (oat cell) carcinoma.


You should be prepared to submit to Social Security your complete medical records.
If you cannot meet the listing requirements you may still qualify if your functional limitations prevent you from doing any job.


Can I get disability benefits if I am suffering from the effects of Throat Cancer?

Compared to other cancers, throat cancer is relatively rare. In 2021, cancer of the larynx represented 0.7% of new cancer cases and it’s estimated that in 2024 there will be 12,650 new cases. Typically, throat cancer affects individuals older than 55 and more men than women. While throat cancer is treatable, the resulting impact of therapies like chemotherapy and radiation can leave a person exhausted and unable to maintain full-time employment. If you have throat cancer, you may be eligible for Social Security Disability Income.

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Throat cancer is a general term for cancer that develops in the pharynx (throat) or larynx (voice box).

There are different types of throat cancer, involving the same type of cells, but distinguished by the part of the throat where the cancer originates.

  •    Nasopharyngeal cancer develops in the throat behind the nose
  •    Oropharyngeal cancer begins in the part of the throat behind the mouth and includes the tonsils
  •    Hypopharyngeal cancer begins in the part of the throat above the esophagus and windpipe
  •    Glottic cancer develops in the vocal cords
  •    Supraglottic cancer develops in the upper part of the voice box
  •    Subglottic cancer develops in the lower voice box


Because early symptoms of throat cancer such as coughing or a sore throat mimic viral infections, throat cancer often remains undiagnosed until later stages.

In addition to those warning signs, common symptoms include:

  •    Changes in voice, hoarseness or not speaking clearly
  •    Lump or sore in throat that doesn’t heal
  •    Difficulty swallowing
  •    Ear pain
  •    Drastic weight loss


Diagnosis is made using an endoscope to examine the throat and vocal cords.

A tissue sample may also be taken and imaging tests, such as CT scans, MRIs, and PET conducted. Treatment is based on the location of the cancer, type of cells and overall health of the individual and can include radiation therapy, surgery, chemotherapy, targeted drug therapy and immunotherapy.


Qualifying for SSDI With Throat Cancer

A person with throat cancer can experience pain, lose their voice, have difficulty eating and suffer drastic weight loss. Additionally, the nausea and fatigue associated with treatment could make it difficult to continue working. The Social Security Administration recognizes soft tissue cancers of the head and neck as disabling impairments under Section 13.02 of its Blue Book, a manual which lists impairments Social Security considers disabling and may automatically qualify for benefits. The first step in applying for Social Security Disability benefits is to make sure that you satisfy Social Security’s financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants. If you earn more than the SGA amount, your claim will be denied, and if you have not worked enough recently to earn the necessary amount of work credits, Social Security will deny your claim.


If you meet Social Security’s financial criteria, to qualify under the Section 13.02 listing, your cancer must match the following criteria:

  •    the cancer is inoperable or unresectable; or
  •    the cancer has spread to other parts of the body; or
  •    the cancer is recurrent after surgery or radiation; or
  •    the cancer is a small cell (oat cell) carcinoma.


When deciding how cancer impairs a claimant, Social Security considers the location of the cancerous lesion, its formation and development, the claimant’s response to treatment and the severity of post-treatment symptoms.

You should be prepared to submit to Social Security your complete medical records, including your medical history, detailed doctors’ notes regarding your symptoms, exam findings, and results of laboratory tests. Be sure to include:

  •    Diagnosis of cancer
  •    Statement of the origin of the cancer
  •    Endoscopy test results
  •    Lab tests such as blood and urine tests
  •    Imaging including x-rays, MRIs, CT scans and PET scans
  •    Pathology reports
  •    Anti-cancer treatments and your response to treatments


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Serious cases of throat cancer are likely to be approved quickly, but Social Security may do a continuing disability review (CDR) three years after benefits are awarded to see if the claimant is still disabled.

Some cancers won’t meet the requirements of Section 13.02 because they’re not inoperable, recurrent, and haven’t spread. In these cases, Social Security will consider whether to award a medical-vocational allowance. Social Security will conduct a Residual Functional Capacity assessment (RFC) to evaluate how your disability affects your ability to perform your old job or if there is any other job you are able to perform, taking into account whether or not you are able to drive, your age, and level of education. In addition to your physical limitations, Social Security will consider long-term side effects of cancer treatment, such as memory problems and slowed thought processes. It’s also important to keep track of your work absences. If throat cancer or its treatment causes you to be absent regularly two or more days a month or be “off-task” 15% or more of the workday, most vocational experts will find you unemployable. If Social Security decides you cannot do your old job or don’t have the skills to perform a new job, you may be approved for a Medical-Vocational Allowance.

“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”


You may also be eligible for Social Security Disability benefits if you have another medical condition.

One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.

Filing a claim for disability benefits and getting approval can be a long, complicated process.

Most initial applications are denied, but you may appeal, and evidence shows that your chances for approval are increased significantly if you have legal representation. At each potential stage of the process, from the initial application stage to the reconsideration stage and the ALJ hearing stage, an attorney can assist you in completing the detailed forms and questionnaires required by Social Security, collecting and submitting relevant medical evidence, and preparing questionnaires for your doctors. At the ALJ hearing phase an attorney will not only continue to assure that the evidence is complete, but prepare you for questioning by the ALJ, prepare an argument on your behalf and question any doctors or vocational experts selected by the ALJ to testify at the hearing. At the Appeals Council and federal court level, a lawyer can present legal arguments to show your case was wrongfully denied. Fees charged by disability attorneys are regulated by federal law and are usually 25% of disability backpay you are owed. There are no out-of-pocket costs, and if you don’t win your case, you won’t be charged anything.


If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits.

If you are still unsure or would like to talk to someone, please contact us at 512-454-400. Feel free to call us for a free consultation to discuss your case and options. We are happy to help folks just like you find the best solution for their personal situation.

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Disability Benefits FAQs


Social Security has some basic financial requirements.

Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants.
Basic SSDI Requirements –>


You may also be eligible for Social Security Disability benefits if you have another medical condition.

One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>

If you are 55 or older or have another medical condition you may get approval.

Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>

You may also be eligible for Social Security Disability benefits if you have another medical condition.

One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>

Should you file a claim?

If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.

How do I file for Social Security Disability benefits?

Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>

Appealing denied benefits

Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>

Do I need a disability attorney for SSDI?

You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>

What if I don’t qualify for SSDI?

If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>

I have long-term disability insurance – should I file a claim?

Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>


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Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.

Greg Reed disability lawyer
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court – all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.

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