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Cancer and Qualifying for SS Disability Benefits – A Lawyer’s Advice

Your chances of success go up as much as 50% when filing a claim with an experienced Social Security Disability lawyer at your side.


Can I get disability benefits for cancer?

Unfortunately, over 140,000 new cancer cases are diagnosed in the state of Texas every year according to the Texas Cancer Research Biobank. There are over 200 different types of cancer. Some are noninvasive and easily treatable, while others are more challenging and require more aggressive forms of treatment.

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When the SSA evaluates a cancer diagnoses, it will look to section 13.00 of the Blue Book, which covers “Malignant Neoplastic Diseases. Call 512-454-4000 for help today.

Any form or stage of cancer can be debilitating and severely impact a person’s work life.

The physical effects of the disease, psychological strain, and time required for treatment make it very difficult to maintain gainful employment. The amount of time missed from work may be anywhere from a short temporary absence to a much longer extended period and sometimes result in loss of employment.

Living with cancer also presents financial challenges.

Necessary medical procedures such as biopsies and surgeries and typical treatments involving chemotherapy, radiation, and medications are all very expensive, even with medical insurance. The high cost of cancer treatment combined with a loss of employment income can create a heavy financial burden.
Monetary relief for those suffering from cancer and its effects can come in the form of private short-term and long-term disability insurance benefits provided by companies such as Aetna, Unum and The Standard along with government funded assistance from Social Security Disability.

Have you recently been diagnosed with cancer and it has prevented you from working?

Or have you already applied for Social Security disability (SSD) benefits because of a cancer related illness and been denied? The Social Security Administration (SSA) considers certain physical illnesses serious enough to warrant federal disability payments. However, the SSA is quite challenging to deal with, and the agency often makes it difficult for Texas residents with legitimate illnesses to be approved for benefits. In particular, many Texas residents who have been diagnosed with cancer may need assistance applying for and obtaining SSD benefits.At the Law Offices of Bemis, Roach & Reed, we know how important federal benefits can be when you have been diagnosed with cancer and are unable to work. Our team of Austin disability lawyers can discuss your case with you today. A Texas disability lawyer can assist clients across the state of Texas when they are seeking benefits because of a physical disability connected to a cancer diagnosis. Our Texas disability attorneys are all AV rated attorneys, and we regularly handle cancer SSD cases in cities throughout the state, including Austin, Dallas, Fort Worth, Houston, San Antonio, Galveston and Corpus Christi. Contact us today for a free consultation.

SSD Benefits and Cancer Diagnoses
The Social Security Administration’s “Blue Book” lists the different kinds of impairments that can make an adult claimant eligible for federal disability benefits.

When the SSA evaluates a cancer diagnoses, it will look to section 13.00 of the Blue Book, which covers “Malignant Neoplastic Diseases.” Depending on the type of cancer you have, the SSA may evaluate it under different terms.

In order to be approved for benefits in general, however, the SSA will need to have:

  •    Medical evidence that “specifies the type, extent, and site” of the cancer
  •   Copies of operation notes and pathology reports connected to any operative procedures you have had to remove the cancer. If the SSA cannot get these documents, it will accept hospitalization and other medical reports.
  •    Evidence of the recurrence, persistence, or progression of the malignancy (in certain circumstances)

Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from cancer. If you have been denied disability don’t give up!

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It is important to keep in mind that a cancer diagnosis alone will not mean that you will be approved for SSD benefits.

In many cases, you will need evidence that the cancer is inoperable, has spread, or has returned after an initial treatment. With certain types of cancer, however, you may be approved for benefits based on your diagnosis. A Texas disability attorney can assess your case and advise you on how to proceed with your claim for SSD benefits.

In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.

The first category is the Work Requirements which has two tests.

  1.   The Duration of Work test.   Whether you have worked long enough to be covered under SSDI.
  2.   The Current Work Test.   Whether you worked recently enough for the work to actually count toward coverage.

The second category is the Medical Eligibility Requirement.

  1.   Are you working?   Your disability must be “total”.
  2.   Is your medical condition severe?    Your disability must be “severe” enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
  3.   Is your medical condition on the List of Impairments?   The SSA has a “List of Impairments” that automatically qualify as “severe” disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
  4.   Can you do the work you did before?   SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
  5.   Can you do any other type of work?   If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.

More details can be found on our Qualifying for Disability page.

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Austin Disability Attorneys Advocate for You

Have you or a loved one been diagnosed with cancer? This can be an especially difficult time for you and for your family. In some cases, you may be eligible to receive Social Security disability benefits, depending on the type and severity of the cancer. It is extremely important to contact an Austin disability attorney. Each case is different, and it can be difficult to handle the SSA’s requirements on your own. At the Law Offices of Bemis, Roach & Reed, we will treat you with the respect you deserve, and we will diligently handle your case, whether it is a Social Security disability case or a long-term private disability claim. Do not hesitate to contact us at 512-454-4000 and schedule your Free Consultation. Get help today.

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"Words can not truly express the gratitude that I feel toward Mr. Lonnie Roach and his professional team. I give them an A+++. Very compassionate and prompt. Their priorities are first and foremost helping you succeed at your case. When you feel helpless, feeling like someone is on your side can mean the world to you. Thank you for working for the people."
-Amy K.

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Bemis, Roach & Reed has helped clients who are disabled from a wide variety of medical conditions. If you are unable to work due to any of the following conditions and have been denied disability benefits, contact us. We would like to help.

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