Is Cancer an "Instant Approval" for Social Security Disability?

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Will a diagnosis of cancer automatically qualify you for Social Security disability benefits?

As I discuss in this video a cancer diagnosis, as devastating as it may be will not result in a definite finding of disability. Social Security does not issue disability awards based on your diagnosis. Instead SSA adjudicators or judges will ask how your cancer has impacted your capacity to function in a work environment.

They will also ask if your cancer treatment or the limitations arising from your condition have lasted or are expected to last twelve consecutive months since SSA’s definition of disability contains a twelve month duration requirement.

There are two “theories of disability” you can use if you have been diagnosed with any form of cancer. The first is called “meeting a listing” and Social Security will look at Listing 13 (https://bit.ly/2C5QgS0) to determine if your form of cancer meets the severity requirements set out in Listing 13's subsections.

Generally speaking a “listing level” impairment is extremely severe and most likely causes significant functional limitations. But thanks to medical advances, many cancers are treatable or curable and may not prevent you from working for twelve consecutive months. So I often speak with cancer patients who have significant issues but who are not at listing level.

If your cancer does not meet a listing, or, more accurately, if the medical evidence in your file does not clearly show that you meet one of the subsections of Listing 13, you can still win by pursuing a “functional capacity” argument.

When arguing functional capacity in a cancer case I would identify the symptoms, medication side effects, cognitive side effects and any other work impact you are experiencing.

If you have other medical conditions (such as diabetes, heart disease, depression, etc.) we can ask the judge to consider the combined effect of all of these conditions to conclude that you do not have the capacity to function at even a simple, entry level job.

Unsure about how a recent cancer diagnosis will affect you and whether it makes sense to pursue Social Security disability. Please reach out and let’s talk about it.

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Jonathan Ginsberg
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