The Disability and Injury Law Offices of David R. Machek helps clients pursue Social Security disability benefits for cancer and for the debilitating complications of fighting cancer such as chemotherapy and radiation sickness. We explain to clients the most effective way to get their medical impairments and limitations properly documented by doctors.
Cancer is a very disturbing diagnosis, but it does not necessarily mean you will qualify for Social Security disability benefits. On the other hand, certain cancers are taken very seriously and qualify for expedited consideration. Normally the process of applying and appealing for disability benefits takes many months. The cancer must be inoperable, have metastasized or have recurred after treatment. Side effects from treatment may also show you cannot sustain employment. To qualify you as being “disabled” for purposes of obtaining Social Security Disability Insurance (SSDI) benefits, your illness must prevent you from performing “substantial gainful activity” and last at least 12 months or be expected to result in death. “Substantial gainful activity” means work that earns over a certain dollar amount (currently $1,260.00 gross per month). Social Security Disability also allows for a closed period of disability. If you are in remission, you can collect retroactive benefits if you were forced to stop working for a period of 12 consecutive months or more.
With early diagnosis and treatment, breast cancer has a favorable cure rate. For many people, it is the side effects of medical treatment and not the illness that causes disability. The pain and side effects of radiation therapy, chemotherapy or surgical removal of tumors may make it difficult or impossible to continue working. One of the most common reasons cancer claims are denied is that medical records do not reflect the person’s symptoms. People are sometimes in denial about their illness and may tell their doctor that they are feeling “fine,” “good” or “better,” without mentioning that they were in bed for two days, napped daily due to fatigue, or cannot stand up without feeling dizzy or nauseous. We urge our clients to be honest with their doctors about the true nature, frequency and severity of their symptoms, including things such as poor sleep, the need for naps, nausea, vomiting and fatigue.
If you are suffering from cancer or the side effects from its treatment, we can help. For more information or to schedule a free initial consultation and free case evaluation with a trusted SSDI and SSI lawyer serving Philadelphia, Pennsylvania, and the surrounding region, please contact us online or call our office in Jenkintown: 215-886-0398 or Philadelphia: 215-886-0660 to arrange a free initial consultation with our experienced disability lawyer about SSD/SSI eligibility due to cancer. Disability and Injury Law Offices of David R. Machek, Esq. www.disabilitylawpa.com