Multiple Myeloma and Qualifying for SS Disability Benefits

Summary: Can I get disability benefits if I am suffering from the effects of Multiple Myeloma?

It’s estimated that 34,920 new cases of multiple myeloma were diagnosed in 2021. Less common than other blood cancers such as leukemia and lymphoma, multiple myeloma is a cancer that forms in a type of white blood cell called a plasma cell. Healthy plasma cells are found in bone marrow and play an important role in the immune system by producing antibodies to target germs and fight infections.
If you are suffering from the effects of Multiple Myeloma you may qualify for disability benefits.

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The Social Security Administration has specific language and conditions related to qualifying for benefits while experiencing symptoms of hematological disorders such as Multiple Myeloma. Call 512-454-4000 for help today.

In multiple myeloma, cancerous plasma cells grow out of control, accumulating in the bone marrow and crowding out healthy blood cells.

This overgrowth of cancerous plasma cells can lead to several complications, among them:

•    Anemia (shortage of red blood cells;)
•   Bone damage, thinning bones, fractures;
•   Reduced kidney function and kidney failure;
•   Frequent infections;
•   Thrombocytopenia (a condition where the level of platelets in blood is low, leading to bleeding and bruising);
•   Leukopenia (a shortage of normal white blood cells, resulting in problems fighting infections).

A doctor will monitor the patient’s condition for signs that the disease is progressing and if the patient is not experiencing symptoms, treatment may not be necessary.

As symptoms develop, however, there are some treatments which can slow the progress of multiple myeloma and help the patient manage their condition:

•    Targeted drug treatment that focuses on blocking a substance that causes myeloma cells to die;
•   Biological therapy drugs that use the body’s immune system to fight myeloma cells;
•   Chemotherapy;
•   Corticosteroids, such as prednisone and dexamethasone;
•   Bone marrow transplant (or stem cell transplant);
•   Radiation therapy.

Demonstrating that you are following your doctor’s treatment plan is an important part of qualifying for disability benefits.

Qualifying for Disability for Multiple Myeloma

The Social Security Administration recognizes multiple myeloma as an impairment under its listings for cancer, Section 13.07. To qualify automatically under this listing, you must meet the following requirements:

1.    Your multiple myeloma continues to progress even after a full course of treatment; or
2.   You have had a stem cell or bone marrow transplant within the past 12 months.

Not every applicant with multiple myeloma will meet Social Security’s Blue Book qualifications, so it’s essential to provide Social Security with a complete history of your medical condition.

You should submit to Social Security the following medical evidence:

•   Results of a full physical examination;
•    A diagnosis of multiple myeloma;
•   Complete blood count (CBC);
•   Serum or urine protein electrophoresis (SPEP)to detect the level of various proteins in the blood;
•   Urine protein electrophoresis (UPEP) to detect level of protein in urine (increased protein in the urine may indicate multiple myeloma);
•   Antibody (Immunoglobulin) blood levels;
•   Free Light Chain Assay – a test that looks for signs of antibodies called immunoglobulins in your blood;
•    Progress reports from your oncologist.

You should also submit a basic metabolic panel (BMP) which can indicate the severity of your condition.

Some of the tests included in a BMP are of particular importance in multiple myeloma.

•    Calcium blood levels: A high calcium level in the blood is common in multiple myeloma.
•   BUN and creatinine: High levels of BUN and creatinine often indicate kidney damage.
•   Results from a bone-marrow aspirate or biopsy.
•   Imaging results such as a Bone Scan, X-ray, CT scan or MRI, or PET that show bone decay, thinning bones, or fractures.

The Social Security Administration will also want to see detailed documentation of treatments and medications you are taking and your responses to those treatments.

Be sure to include the following:

•    Medications you take, including doses, how often you take them, and side effects you experience;
•   Chemotherapy and radiation treatments, as well as side effects;
•   Related medical complications such as weakness, heart problems, or neurological issues.

If you don’t meet the exact criteria of Social Security’s listing, for example, if an imaging test or blood test shows that the multiple myeloma is not progressing, you may still be eligible for disability benefits if you can demonstrate that you are unable to perform any type of full-time job.

Fatigue, pain, muscle weakness and broken bones can impact your ability to complete physical and mental tasks and may even prevent you from doing any type of sedentary work. Social Security will conduct a Residual Functional Capacity assessment to evaluate how your limitations affect your ability to work, taking into account whether or not you are able to drive, your age, and level of education.

Also, applicants often have more than one illness or injury that prevents them from working full time.

By itself one disorder may not meet the requirements of an impairment as stated in Social Security’s Blue Book; however, if you have another impairment; for example, high blood pressure or arthritis, Social Security must consider how those health issues, combined together, limit your ability to hold a job and perform necessary daily tasks.

If you have been diagnosed with multiple myeloma and it has impacted your ability to work, you may be eligible for Social Security Disability benefits, but filing for SSDI is a complicated matter.

Most applicants are denied initially, but if you have an experienced disability attorney to review your case and help you navigate the often confusing and lengthy process, you can avoid common pitfalls that lead to the delay or rejection of your claim.

In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.

The first category is the Work Requirements which has two tests.

1.   The Duration of Work test.   Whether you have worked long enough to be covered under SSDI.
2.   The Current Work Test.   Whether you worked recently enough for the work to actually count toward coverage.

The second category is the Medical Eligibility Requirement.

1.   Are you working?   Your disability must be “total”.
2.   Is your medical condition severe?    Your disability must be “severe” enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
3.   Is your medical condition on the List of Impairments?   The SSA has a “List of Impairments” that automatically qualify as “severe” disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
4.   Can you do the work you did before?   SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
5.   Can you do any other type of work?   If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.

More details can be found on our Qualifying for Disability page.

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.