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Breast Cancer can qualify for Social Security Disability

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

Can I qualify for Social Security Disability if I have Breast Cancer?

Author Attorney Greg Reed:


breast cancer disability

In order to qualify for disability benefits as a result of breast cancer, evidence must be presented from a medical provider to prove the existence of certain conditions. Call 512-454-4000

The American Cancer Society estimates that 266,120 new cases of breast cancer will be diagnosed in women in 2018. Men can also develop breast cancer, but while the risk for males is one in 1,000, approximately one in eight women will develop breast cancer in their lifetime. Though the number of cases has fallen since 2000, the death rate from breast cancer is still higher for women than any other cancer, except for lung cancer.


The Social Security Administration recognizes breast cancer as an impairment under Section 13.10, and considers the following when evaluating all cancers or malignant neoplastic diseases:

  1.   Origin of the cancer.
  2.   Extent of involvement.
  3.    Duration, frequency, and response to anticancer therapy.
  4.   Effects of any post-therapeutic residuals.


In order to qualify for disability benefits as a result of breast cancer, you must be able to present evidence from your medical providers to prove the following about your condition:

  •   The breast cancer has spread to the skin, internal mammary nodes, or chest.
  •   The cancer has spread above or below the collarbone, spread to 10 or more nearby axillary nodes, or metastasized to other areas of the body.
  •    The cancer has returned after receiving anti-cancer treatment.
  •   The breast cancer is inoperable.


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In severe cases you may qualify for a Compassionate Allowance and the Social Security Administration may be able to expedite the application process.

If do not meet the medical listing requirements, you may be able to qualify by submitting physician and hospital records showing you will be out of work at least 12 months. But the most common way to be approved for disability benefits is through a Residual Functioning Capacity (RFC) evaluation in which your treating physician fills out a long form detailing your general health. Under these circumstances, educational background plays an important part. If an applicant went to college, the Social Security Administration could determine a person is qualified for sedentary work despite severe symptoms. Women who have been employed in manual labor, such as construction or in factory positions, or have stayed at home, have a better chance to qualify.


You can apply for disability benefits online, but be sure to submit all your medical records to the SSA when first applying to speed the process. Some test results to include are:

  •   Mammograms
  •    Biopsy results
  •   Oncologist reports
  •   Surgeon’s notes
  •   Detailed records of treatments received including surgery, chemotherapy, and radiation


If your condition worsens while waiting for a decision, contact the Social Security Administration immediately.
“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.” – Lloyd Bemis Disability Attorney

Obtaining approval for benefits may take a while and may not be easy. An experienced disability attorney can help. If you have been diagnosed with breast cancer and it has affected your ability to work, you may be eligible for Social Security disability benefits.


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.


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Disability benefits are an important source of income for those who are unable to work. If you 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.


Email us at:
contact@brrlaw.com

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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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