Social Disability Lawyer Blog

Stay up to date with the latest news in the world of social disability law provided by the Los Angeles based Law Office of Irene Ruzin.

Denied Disability Benefits for Cancer

Denied Disability Benefits for Cancer

Cancer appears in a range of forms and sizes, depending on the severity of the disease. You may have applied for Social Security benefits to compensate for lost income and rapidly rising medical costs as a result of a severe form of cancer.

Much to your dismay, the Social Security Administration (SSA) denied disability benefits for you, leaving you wondering, "What's next?" Filing an appeal Cancer disability claim is the solution.

Denied Disability Benefits for Cancer

When you file for disability payments after being diagnosed with cancer, around 70% of your initial claim will be refused. Your cancer diagnosis must match the criteria for disability payments outlined in the Social Security Administration's Blue Book, or your claim may be refused.

Another cause might be that you don't have enough work credits. Also, a cancer diagnosis does not always imply that you cannot work, which is one reason why your cancer for disability benefits diagnosis may be refused since you must demonstrate that your medical condition prevents you from working for at least 12 months.

Inadequate Work Experience

To be eligible for SSDI, you must have worked prior to being diagnosed with cancer. You should acquire four work credits for every year you work in most occupations. Your age and the number of work credits you have obtained will determine whether you are eligible for disability.

As an example, if you are diagnosed with a handicap at the age of 28, you would generally need three years of employment and 12 credits earned between the ages of 21 and 28. If you are 31 or older, you must generally have earned at least 20 credits in the ten years preceding the onset of your handicap.

To qualify for disability payments at the age of 54, you must have worked for 8 years and have earned 32 work credits. In many circumstances, if you do not have enough work credits, you will be denied when you apply for disability payments.

Not Meeting a Cancer Listing in the Blue Book

Cancer is classified as a malignant neoplastic disease in section 13.00 of the Blue Book. When the SSA evaluates a disability benefits application, it considers specific cancer-related criteria such as the following:

  • - The origin of the cancer;
  • - The duration, length, and
  • - Responsiveness to cancer therapy;
  • - If the cancer diagnosis appears to be overly serious; and
  • - How much it interferes with your daily life;
  • - The long-term implications of cancer treatment;
  • - Whether the patient responds well to treatment.

Ability to Work

If you continue to work despite your cancer diagnosis, you will most likely not be eligible for disability benefits. They are intended to provide financial assistance to people who are unable to work owing to their cancer-related medical condition. Furthermore, if you work and earn more than the significant gainful activity (SGA) of $1,470 in 2023, you will not be eligible for disability payments.

Who is eligible for SSDI for Cancer?

You would be eligible for SSDI for Cancer if you have worked for a number of years and have had enough money deducted from your paychecks to qualify for Social Security (FICA).

  • - Self-employed individuals who have paid self-employment taxes
  • - To qualify for SSDI, you must fulfil Social Security's stringent definition of disability.
  • - Having a low income or financial needs does not influence your eligibility for SSDI.

If you are denied SSDI, reapply and, if required, file an appeal. Many instances are eventually allowed after an appeal. The amount you get from SSDI is determined by how long you worked and how much Social Security tax (commonly known as FICA) was deducted from your wages. The disability clock starts ticking after you apply for SSDI.

If your claim for disability is granted, you will typically get your first benefit payment six months after the Social Security Administration determines that your disability began. After receiving SSDI benefits for two years, you will also be eligible for Medicare.

If you qualify and begin receiving SSDI, your spouse and any eligible children may also apply. If you do not qualify for SSDI but are handicapped and have limited income and resources, consider applying for Supplemental Security Income (SSI). This programme can also provide assistance to the disabled, however eligibility is determined by your income and need.

Seek Professional Help

Qualifying for disability benefits is a complicated and tiresome process. It should not be left to non-professionals who don't know their way around the disability procedure, blue book, etc. Hiring expert disability attorneys can save you both lost time and money, which is crucial to start and win early ssdi benefits for your cancer. For more information, you can seek legal advice from our expert disability attorneys at Law Office of Irene Ruzin. 

×
Stay Informed

When you subscribe to the blog, we will send you an e-mail when there are new updates on the site so you wouldn't miss them.

SSDI for Arthritis of the Neck (Spinal)
Working Through an SSDI Application for Cancer
 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Guest
Saturday, 20 April 2024