Cancer Disability Lawyer in Knoxville, TN
Living with cancer can be so overwhelming you often cannot see beyond the diagnosis, much less apply for any type of assistance or disability insurance. These processes are tedious and require attention you often are not able to give. Additionally, specific requirements must be met in order to qualify for Social Security Disability benefits, further adding to already immense stress.
To be approved for SSDI, the severity of your condition and its treatment must preclude you from performing any type of gainful employment. The inability to work must be expected to last for at least 12 consecutive months, and the treating physician must provide documentation that indicates this. Providing these terms are met, you will be allowed to file your claim at that time.
Changes in SSDI for Cancer Patients
Mere decades ago, a cancer diagnosis was received as a death sentence. Thanks to ongoing research and development in modern medicine, treatments have evolved and provided cancer patients with hope and reliable treatment options.k. With several types of cancer now being curable, changes have occured as to who is eligible for disability insurance. Fortunately, many cancer patients who suffer through extensive treatments return to good health within a year.
Cancer prognosis can often be uncertain, in which case we recommend applying for disability immediately. The application can always be withdrawn later; and because the decision process is so lengthy, beginning sooner rather than later is preferred.
The Social Security Administration recently added a “compassionate allowance” program, to prioritize the claims process for people who receive certain diagnoses. These generally include most stage-four cancers and inoperable types of cancer. If a prognosis indicates poor response to treatment, that claim will likely be granted, as well.
Blue Book Cancer Listing
Once you apply for SSDI, your claim will be compared to the cancer listing in the Blue Book under Section 13.00. If all guidelines are met and proper documentation has been provided, there should be no issue qualifying for disability benefits. If, however, you lack satisfactory documentation, you may need to proceed to the appeals process in order to receive disability benefits.
Importance of Applying for Cancer Disability
After receiving a cancer diagnosis, it can be overwhelming to think of applying for social security disability. While it is important to focus on your journey to recovery, taking the time to apply can aid in your healing process by reducing stress. Having monthly benefits helps relieve the mental and physical stressors of your illness, and, furthermore, you have worked for and are entitled to them.
Documentation
People often wait months after receiving a cancer diagnosis to apply for SSDI, and many times, are well into treatment. Proper and accurate documentation from an official source will be absolutely necessary for disability claim approval; and medical records alone do not provide a sufficient representation of your case.
Receiving anty type of chemotherapy or radiation can be extremely debilitating, causing severe side effects. Changes in mental or physical health, including depression, nausea, loss of appetite, and fatigue, should all be documented. Keeping a journal can be helpful for noting such changes and used in combination with documented observations from friends and family This can show the true effects of cancer and related treatments – including the inability to perform gainful employment.
Appealing SSDI Denials
While dealing with cancer treatment of any kind, research and paperwork is the furthest thing from your mind. Working with a dedicated disability lawyer can help relieve the extra stress of going through the SSDI claims process. If your benefits application has already been denied, it is highly recommended that you retain the services of a qualified disability attorney to help with your case.
While less than 30% of SSDI claims are denied, nearly 70% of those decisions are overturned at the appeal hearing. At this juncture, however, having an experienced disability attorney on your side is crucial for a positive outcome.
Qualified Social Security Disability Attorney
If you have received a cancer diagnosis of any kind, you may qualify for Social Security Disability Insurance or other benefits. Contact the law offices of Miller Disability Law, P.C. today – so we can help you receive the benefits you deserve.