The Social Security Administration considers your ability to engage in any kind of work when it determines whether you are disabled under the Social Security Administration’s guidelines and regulations. A few conditions are so severe that you are presumed to be disabled if you meet certain guidelines, either under the “compassionate allowance”, which are extremely severe conditions, or if you meet certain “listings”. Most of the listings are very complex and require proof of several objectively verifiable conditions or findings. Both the compassionate allowances and the listings can be found on the Social Security web site.
The Social Security Administration considers whether you are disabled by cancer either at the listing level or as a more comprehensive consideration of your residual functional capacity to perform any work. There are many forms of cancer, including breast cancer, prostate cancer, lymphoma, testicular cancer, blood cancers, skin cancer, lung cancer, uterine cancer, kidney cancer, and many others. Cancer may or may not be disabling, or be in remission. The judge will need to know how sick you are, and how much trouble you have working as a result of your disease. Acute leukemia is considered to be disabling:
If you are in remission you may not be able to work due to fatigue, residual sickness due to chemotherapy, or other physical or emotional problems caused by your disease and treatment. Your medical records alone may not be sufficient to prove that you are not able to work, so getting a medical source statement from your doctor may be the important evidence that you need to show the judge how your condition affects you, and to succeed on your claim. Asking the right questions is not always obvious, and we often assist our clients with this important task.
Modified Listings effective July 20, 2015 add that your cancer maybe deemed to be progressing if “there is evidence that your cancer is growing after you have completed at least half of your planned initial anticancer therapy.” These updated Listing requirements also apply testing results important for consideration of patients who have chronic myelogenous leukemia (CML), primary breast cancer, primary peritoneal carcinoma, and malignant melanoma.
If you meet the definitions in the listing as to how disabling the condition is you may entitled to Social Security disability benefits. You may also be entitled to benefits if your condition medically equals a listing, or if it otherwise prevents you from being able to engage in substantial gainful activity.
We will be happy to discuss your condition and to evaluate your claim. Please click here to fill out our interactive contact form and we will get back to you promptly to discuss your Social Security disability claim, give you a free evaluation of your case, and let you know what we can do for you. You can also call us at (303) 996-0700.
Nothing contained on this web site should be construed to constitute legal advice or to create an attorney client relationship. The relationship is only created by written agreement signed by the client and the law firm. Please contact us for a conference to further discuss your claim.