Leukemia and Qualifying for Disability Benefits

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

Maria’s situation is not uncommon.

Even though leukemia is a relatively rare type of blood cancer, it is still the 10th most common type of cancer in the United States. There are several types of leukemia, affecting both children and adults. Many of the symptoms of leukemia along with side effects from treatment can rapidly become disabling and prevent an individual from working.

Leukemia is a cancer of the body’s blood-forming tissue.

When leukemia occurs, bone marrow produces an excess amount of abnormal white blood cells, instead of the cells growing and dividing in an orderly way. White blood cells fight infection, but these extra white blood cells don’t function normally and may affect other organs of the body.

Any of the symptoms of leukemia – frequent infections, fatigue and weakness, seizures – can impact an individual’s daily activities and work life; treatments like chemotherapy and radiation can have disabling side effects.

Can I qualify for Social Security Disability Income if I have leukemia?

If you have leukemia and are unable to work, you may be eligible for disability benefits, but to qualify you will first need to satisfy both the financial and medical requirements set forth by the Social Security Administration.

Financial Requirements:

In order to be eligible for Social Security disability benefits, you must satisfy some basic financial requirements.

You must: 1) have a disability that has lasted or is expected to last 12 months; and 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.

Explanation of work credits –>

Medical Requirements:

Though the Social Security Administration recognizes leukemia as an impairment under Section 13.06 of its Blue Book (a manual which lists impairments Social Security considers disabling and may automatically qualify for benefits) whether or not an individual will qualify for Social Security Disability benefits under that listing will depend on the type and severity of leukemia.

If approved, you are considered disabled 1) for 24 months from the initial diagnosis or most recent relapse, or 2) one year from the date of a stem cell transplant, whichever is later.

After a time period, Social Security will reconsider your case to see if you are still experiencing the same effects from leukemia or treatments and redetermine your functional limitations to see if you are still disabled.

If all your medical evidence and records meet the listing criteria, you may be eligible for Social Security’s Compassionate Allowances Program.

Under this program, Social Security flags cases that are particularly severe and accelerates the claim process. Both acute leukemia and chronic myeloid leukemia are eligible; however, Social Security recommends that claimants provide definitive medical evidence with their application. For example, for acute leukemia, results of a bone marrow exam and for chronic myeloid leukemia a complete blood count and a bone marrow exam.

If your medical evidence doesn’t match the listing requirements exactly, you may qualify by “equaling” the listing, which means your condition is as severe as someone else’s leukemia that does meet the listing criteria.

For example, chronic lymphocytic leukemia (CLL) is not listed in the Blue Book, but you can experience the same disabling effects of chronic myeloid leukemia (CML). Ask your doctor – preferably your oncologist – to complete a medical source statement explaining why your leukemia is functionally the same.

Discuss your condition with your doctors and make sure they describe your limitations and symptoms in their notes in detail.

Social Security will compare your doctor’s notes with what you say in your application. You will need to demonstrate that you are following your doctor’s treatment plan, and despite that your medical condition still prevents you from working full-time.

Additionally, it’s important to keep track of your work absences.

Once Social Security determines your limitations caused by your condition, they will have a vocational expert assess whether a person with those same limitations is employable.

Even if you don’t meet the listing requirements, or your symptoms don’t “equal” those of another disorder, you may still qualify for benefits if you can’t work because of your functional limitations.

Social Security will conduct a Residual Functional Capacity assessment 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.

If Social Security decides you cannot do your old job or that you don’t have the skills to perform a new job, you may be approved for a Medical-Vocational Allowance.