Episode 12:  Louisville social security disability attorney Trevor Smith discusses the question, “Does Cancer Qualify for Social Security Benefits?”  This is one of the toughest situations, especially if it’s progressed to stage 3 or stage 4 cancer. 

It’s important to understand that simply being diagnosed with cancer, doesn’t mean you’re able to receive Social Security benefits.  Luckily, many types of cancers are now treatable. 

Two Important Questions about Your Cancer

Do the symptoms of your cancer prevent you from working a 40-hour work week?  Do you have an impairment that’s lasted a year, or is likely to last a year?  Remember, if your cancer goes into remission, you may be able to return to work.

You May Qualify for a Compassionate Allowance

The compassionate allowance is there for people who have advanced stages of cancer.  It enables the Administration to expedite your claim.  Your attorney will need updated records from the oncologist and a letter stating that this is a terminal situation.

There are specific conditions that are allowed.  If you are granted a compassionate allowance, the case will be moved more quickly through the system so the payments can begin much quicker.  The typical process is much longer.  Trevor spoke about when a claim gets denied and the time it can take to finally get social security benefits in Episode 8.

What Happens if the Person Passes Away?

With Social Security benefits, if its SSI benefits, they will cease once the person passes away.  If the person is receiving SSDI benefits, the case can continue and a substitution of party will be designated to act as the new party.  Cause of death is important.  If the death is the result of a substance abuse overdose, the case may end.  However, if the person receiving SSDI died from a complication related to the actual disability, it’s possible to continue the case.  The back pay can be pursued on behalf of the family member.  The ongoing benefit payments will not continue.

Medical Compliance is Important to Your Case

Most of the time, people with cancer follow their doctor’s orders and recommendations.  The judge is going to review your medical records to determine if you’re in medical compliance.  Alternative medicine may be helpful, but you’ll still need to depend upon the reports from the oncologist’s reports and whether you’re following their treatment advice, even if you decide to add alternative medicine. 

You can contact Smith and Wax at (502) 581-1133.  The website is www.SmithAndWaxLaw.com.

Important Disclaimers:  The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  This podcast maybe freely shared, but may not be the modified or edited in any way.  This is an attorney advertisement.  Principal office is located in Louisville, KY.  Co-host Jim Ray is a non-attorney spokesperson.