There is a delicate balance in the decision to ap-
ply for disability with a cancer diagnosis. Often
people want to see themselves in the stream of
recovery, and taking the plunge toward declar-
ing themselves disabled can seem like giving up
hope. However, the gain of a monthly benefit pay-
ment and Medicare should not be disregarded.
Consider that these federal insurance programs
may help pay for treatment.

Often people are months into a cancer diagnosis
before they think of seeking assistance from So-
cial Security. The course of chemotherapy and
radiation is cumulative, unpredictable and often
debilitating in itself. Depression is a common side
effect and should be documented.

A claim should be filed even if the first few treat-
ments seem benign. Some treatments require iso-
lation from other people as immune systems are
rebuilt. Some require avoidance of sunlight. Many
create depression or other emotional challenges.
This is where careful and detailed documentation
of a claim is essential.

In fact, it is possible to receive disability benefits
during treatment, and then go back to work upon
return to health. This is known as a “closed period”
of disability. Some diagnoses result in immediate
entitlement - one example is Stage 4 ovarian can-
cer. During the often-debilitating treatment, the
income stream of disability benefits can help re-
duce overall anxiety. After treatment and recov

ery, a claimant can ease back into the work force using the various trial work programs that Social Security makes available.

The key is whether the disability prevents or is expected to prevent full time work, for at least 12 months. There can even be retrospective eligibility, paying for a closed period of time that has already passed. A claim can be filed well before the 12 months elapses, if the treating physician says the treatment will be disabling for at least 12 months.

Several years ago, Social Security issued revised regulations on cancer-related disabilities. These changes include an expanded consideration of longitudinal history of treatment and specific evaluation on effects of therapy. Fatigue is to be considered carefully. There is guidance on how long the condition will be considered disabling. Leukemia, lymphoma, breast cancer and brain tumors were added to this section of the law.

Clinical records alone do not paint the whole picture. A patient diary is useful. Observations from family and friends are helpful to establish ongoing weakness, nausea and fatigue. The combined information is needed to show the true effect of the disease on the capacity to work. Please have your clients consult with us if they are in need of their Social Security disability insurance and Medicaid or Medicare benefits to help fight this disease.

Devastating Delays at Social Security

The current delays at Social Security make it imperitive to get your application right the first time. Call us for a free consultation for anyone with cancer or other disabling conditions. There is never a charge to discuss a case.

Please check our blog for updates.

DISCLAIMER - This web page is a resource containing general information which is intended, but not guaranteed, to be correct and current. Do not rely on information on this site in place of the advice of an Attorney. Visitors should consult an attorney to address their legal concerns. You should not consider this information to be an agreement for an attorney-client relationship. You should not rely on information provided here as constituting legal advice. Contacting us through this web page or e-mail does not mean you have contracted for representation by this office.  We are not engaged in your representation until you sign a contract with us.  Licensed attorneys may practice Federal Social Security and SSI Disability in any state. Copyright 2007-8 Sarah Patterson