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Leukemia and Qualifying for Disability Benefits

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

Author Attorney Greg Reed:
Updated: 8/16/2024

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

To qualify for Social Security Disability Income (SSDI) for leukemia you must meet specific financial and medical criteria.
To fulfill the financial requirements your disability must last for at least 12 months, you must have a sufficient work history and your earnings must not exceed the Substantial Gainful Activity threshold.
On the medical side, leukemia is recognized as a qualifying impairment under Section 13.06 of the SSA’s Blue Book. However, eligibility depends on the type and severity of leukemia. Specifically, applicants must have either acute leukemia (ALL or AML) or chronic myeloid leukemia (CML) in an accelerated phase. If approved, individuals are considered disabled for a period of 24 months from the initial diagnosis or relapse, or one year following a stem cell transplant, whichever is later.
To support their claim, applicants must provide comprehensive medical documentation, including diagnosis details, treatment history, medical records, pathology reports, biopsy results, and chromosome analysis for CML.
Even if an applicant does not meet the specific listing requirements, they may still qualify for benefits based on their functional limitations that prevent them from working full-time. Keeping detailed records of work absences can also be beneficial in the application process.

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

Maria had struggled with fighting leukemia for over a year. Fatigue, frequent infections, and the draining effects of treatments had taken an enormous toll on her both physically and mentally. She knew she would not be able to hold on to her job much longer, and the fear of financial insecurity, mounting medical bills and uncertainty about the future was overwhelming at times. Applying for disability benefits could be a lifeline, the chance to gain the financial support she needed so badly and alleviate the constant stress she experienced.

 Leukemia Disability lawyer

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.


Though symptoms vary with the type of leukemia, the most common include the following:

  •    Weakness and fatigue
  •    Frequent infections
  •    Bleeding or bruising easily
  •    Pain in joints
  •    Fever
  •    Swollen lymph nodes
  •    Vomiting
  •    Seizures
  •    Unexplained weight loss
  •    Night sweats
  •    Headaches
  •    Recurrent nosebleeds
  •    Shortness of breath
  •    Tiny red spots on your skin called petechiae


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.


In order to qualify for Social Security Disability benefits under Section 13.06, you must have one of two types of leukemia:

  •    Acute leukemia (ALL or AML) or
  •    Chronic myeloid leukemia (CML) in an accelerated phase (i.e. there is or will be an increase in myeloblasts, the leukemia is acting like acute leukemia, or the leukemia is getting worse even after treatment).


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.


You will need to provide to Social Security:

  •    Diagnosis and evidence of the origin and extent of leukemia;
  •    What treatments you receive and how often, as well as the success of those treatments and any side effects;
  •    Medical records;
  •    Pathology reports;
  •    Results of biopsies;
  •    Bone marrow results for acute leukemia;
  •    Chromosome analysis for chronic myeloid leukemia.

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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.

“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.”


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.


Someone with leukemia might have the following limitations:

  •    Weight restrictions on lifting objects due to weakness and fatigue;
  •    Needing to avoid certain hazards or irritants that could aggravate bruising, bleeding or tenderness
  •    Limited work environment because of infection; and/or
  •    Difficulty concentrating, multitasking and maintaining attendance because of side effects caused by chemotherapy or radiation.


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.

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“I’ve had a great experience working with Bemis, Roach & Reed for my disability case. I spent two years fighting on my own, until I was informed to look for a disability lawyer. Right away, sending in questions was a breeze, and from the moment my case was accepted, everything became a major weight off my shoulders. My newest appeal was filed for me, my medical records and case history sorted for me, and I could finally focus on my appointments and treatment with a little less worry. Everything was explained to me in a way that made sense, the process was set out in an easy to understand way. And, just like that, at the beginning of July 2023, my claim was accepted!” – Sunshinemutt

Disability Benefits FAQs


Social Security has some basic financial requirements.

Before you are 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.
Basic SSDI Requirements –>


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.
Disability for Multiple Impairments –>

If you are 55 or older or have another medical condition you may get approval.

Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>

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.
Disability for Multiple Impairments –>

Should you file a claim?

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 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.

How do I file for Social Security Disability benefits?

Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>

Appealing denied benefits

Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>

Do I need a disability attorney for SSDI?

You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>

What if I don’t qualify for SSDI?

If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>

I have long-term disability insurance – should I file a claim?

Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>


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

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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