Malignant Neoplastic Diseases and Disability Benefits

Cancer is a generic term for malignant neoplasms. A malignant neoplastic disease is defined as any malignant growth or tumor caused by abnormal and uncontrolled cell division. It may spread to other parts of the body through the lymphatic system or the blood stream. Cancer can develop in almost any organ or tissue, such as the lung, colon, breast, skin, bones, or nerve tissue.

Determination of Disability Benefits

The Social Security Administration pays disability benefits under two programs. Social Security Disability Insurance (SSDI) provides benefits to disabled individuals who are insured based on their contributions paid into the Social Security system. Supplemental Security Income (SSI) provides benefits to people who are disabled, blond or elderly, with limited income and resources. An individual is considered disabled if they are unable to do any kind of work and their disabilities are expected to last for at least a year or result in death,

Covered Malignant Disorders

The Social Security Administration’s listing of impairments for malignant Neoplastic diseases includes the following:

• Soft tissue tumors of the head and neck
• Skin
• Soft tissue sarcoma
• Lymphoma
• Leukemia
• Multiple myeloma
• Salivary glands
• Thyroid gland
• Breast
• Skeletal system
• Maxilla, orbit or temporal fossa (side of the skull containing muscles for the jaw)
• Nervous system
• Lungs
• Pleura of mediastinum (space in the chest between the pleural sacs of the lungs)
• Esophagus or stomach
• Small intestine
• Large intestine
• Liver or gallbladder
• Pancreas
• Kidneys, adrenal glands, or ureters
• Urinary bladder
• Cancers of the female genital tract
• Prostate gland
• Testicles
• Penis
• Primary site unknown after appropriate search for primary
• Malignant Neoplastic diseases treated by bone marrow or stem cell transplantation

In determining long-term disability insurance benefits for cancer, the SSA considers four factors:

1. Origin of the malignancy
2. Extent of the involvement
3. Duration, frequency and response to treatment
4. Effects of any post-therapeutic residuals

Disability Claims for Malignant Diseases

Filing a Claim

An application for disability benefits must be filed with the Social Security Administration (SSA). Once a claim has been filed, it will be forwarded to the state disability agency for a medical determination. Many factors are considered in the medical determination, such as what your work activity has been for the past fifteen years, your age, your medical conditions, and what functional limitations have been caused by your disability.

Benefits Determination

If you are under 65 years old and qualify for SSDI benefits, you will receive monthly cash benefits in the same amount as if you retired at age 65, for as long as you continue to be disabled. Benefits can be as low as only a few hundred dollars each month or up to a few thousand dollars depending upon your average earnings over the past 10 years. For SSI benefits, the amount of monthly income is subject to a maximum benefit amount, which is increased by an annual cost of living adjustment. Average amounts ranged from $623 to $934 each month.

Claim Denials

When your initial application for disability benefits is denied, the appeals process may include the following steps:

• Request for Reconsideration—Involves another review of all the evidence with any additional evidence submitted after the initial decision
• Hearing by an Administrative Law Judge—Must be filed within 60 days from date of initial denial
• Social Security Appeals Council—Must be filed within 60 days after the hearing decision
• Federal District Court—Civil action must be commenced within 60 days of the Appeals Council decision
• Ninth Circuit Court of Appeals—It can affirm or reverse the agency’s decision
• U.S. Supreme Court—Only a handful of cases are appealed to this level

Help From a Disability Lawyer

An experienced disability attorney can help you with the application process. They understand what medical information needs to be presented to obtain benefits and how to appropriately fill out application forms for cancer related SSDI or SSI applications.