Can I get Social Security Disability for Throat Cancer?

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

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 $1,550 per month in 2024 for nonblind applicants and $2,590 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.

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.

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.