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stainedglassnana
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 21, 2001 - 10:48 pm: | 
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I am a breast cancer patient and have been seeking my disablity social security. I have many factors in my health situation that have contributed to my inability to work. My question at this time is "Have you seen many cases where a person with breast cancer has won a case?" |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, February 23, 2001 - 8:23 pm: |
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Certainly. The fact that you have breast cancer is not sufficient to establish disability, but when certain factors coincide to limit you in certain ways, with proper case development you might be found disabled.
There are "listings" of impairment which if met are supposed to immediately establish disability. One example for breast cancer is cancer with distant metastases not responsive to hormone therapy.
If you do not meet such a listing, and most do not, then the judge is supposed to consider all of the limitations of function caused by your situation to determine whether there is work for you. However, it is rare that the judge will be able to do this by just looking at the medical record, which is not written with an eye to establishing such limitations.
I think that the best first step is to try to locate a lawyer in your area who can sit down with you and your medical record and get from the doctors the statements essential to prove your case. It is difficult to extract all of the essential information from you without a long talk.
If you do not yet have an attorney, you might take the following approach: look in the telephone book of the nearest large city and try to identify the ads of attorneys who list social security their sole area of practice. If they list one or two other areas that will be ok. Also call Nosscr at 1 800 431 2804 and get a few names. Call all of them up and ask them how they are going to prove your case. Hire the one that seems to be most experienced and who can give the most sensible answer.
Don't try this on your own; get an attorney.
If you find a good lawyer, come back here and give his name and city. If you do not, come back here and let me know.
Good luck. |
Janice
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 27, 2001 - 8:50 am: |
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I was recently diagnosed with lymphoma (indolent) they will stage it at the cancer hospital in Houston Tx. I have worked in the medical field for 30 years (catscan,ultrasound)I have had surgury to remove some of the lymph nodes. I am in recovery now and will start treatment in and a few weeks I don't know which treatment but I will probably lose my hair and be sick for quite some time. Should I even bother with SSD from what I've read in my research it seems highly unlikely that I will even be taken into consideration thanks Janice |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 27, 2001 - 11:49 am: |
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You might consider filing a claim if you think that disability might last more than a year. It might take a long time to get to a hearing, and you will be on your way if you do not recover quickly. And, of course, before you take any action, consult with a local lawyer. See the introduction to this section. |
Debra Holland
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 29, 2001 - 9:32 am: |
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I have scattered my replies throughout this message.
My Son is 19. He was diagnosed with T-Cell Lymphoma (stage III)in October 2000.
This is a disease that will be taken seriously.
His treatment plan is for a full two years of chemotherapy.
He was in his last year of High School when he was diagnosed, but even with homeschool, he still hasn't graduated. (He just seems to be unmotivated these days)
Tell him from me that for the sake of himself and his family, if he is going to be physically weak, his education is desparately important.
His previous jobs were a food preparer at Pizza Hut and a bag boy at a local Grocery Store.
Anyway, he filed for SSD SSI within a week of his diagnosis in Oct. 2000.
He has been denied twice and has asked for the Hearing process.
His main issue with not being able to work is with the effects of the drugs he is receiving for his cancer. His counts go low and he gets infections and needs blood transfusions that require in hospital stays.
repeated hospital stays and severe weakness can be the basis of a claim.
The other problem is from the Prednisone side effects. Upon reducing the dosage, his joints swell and he is in pain. He hobbles around like a 90 year old man.
We live in a small town and we can't think of one potential employer that would allow for his treatments and we're pretty certain the job wouldn't last long once he has to go into the hospital for unexpected infections and or blood transfusions.
It isn't fair, it isn't right, but that doesn't matter.
Also, I, his Mother, was wondering about the term "work that exists in the national economy"
Does this mean that even though a job might exist in another community that he couldn't possibly get to, that he would be denied because a job is out there somewhere????
Yes, if they exist in "significant numbers." It doesn't take much to amount to significant numbers.
I've been on the internet today and pulled up a copy of 137 Unskilled Sedentary Occupations. These, I assume, are what jobs Social Security means by the work that exists in the national economy.
The list is just too rediculous...
A Nut Sorter
A Washroom Operator
A Cigar-Head Piercer
A Golf Ball Trimmer, but my favorite is..
A FEATHER SHAPER! Oh please... Is this list really true?
It's supposed to be noted in Social Security Ruling 96-9p: (well, I'm not sure exactly where it is)
Pretty good legal research but skip it. The key is probably to show that he is out of work a lot on an unpredictable basis. That will eliminate all jobs.
We are going to have to use the Legal Services provided for low income, as we are. (I've been on SSD since 1989).
Many private lawyers will take disability cases for a percentage of the back time, usually 25%. Get one. You see why. You should have gotten one already.
There are four lawyers for THREE counties!!!
I was going to try to get my Son's medical records myself,(with his signature, of course), but I was told it would cost $1.00 per copy!!!
Write the Judge and ask him to get them. Or if the health care providers contract with Smart, they might do it for $25. Or a local lawyer might know another trick.
I guess we really have a snowballs chance in you-know-where? That's what I'm thinking. Is that what you're thinking???
I'm thinking that rather than evaluate odds, you should do absolutely everything you can to improve your chances. That includes all the things you are doing, which is great, but also hiring an attorney. |
bobby harrell
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 19, 2002 - 8:02 am: |
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MY HUSBAND WAS DIAGNOSED WITH BRAIN CANCER ON 3-2-01. WE SUMMITTED A CLAIM TO SS IN 6-01. WE HAVE YET TO HEAR WHETHER OR NOT HIS CLAIMED HAS BEEN APPROVED. NEEDLESS TO SAY WE HAVE 4 CHILDREN TO TAKE CARE OF ON MY INCOME ALONE AND DOES IT TAKE A YEAR FOR THE DOCTOR TO VIEW YOUR CLAIM. THIS IS WHAT I'VE BEEN TOLD WHEN I CALL TO SEE IF THE CASE HAS A DECISION. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 02, 2002 - 5:45 am: |
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Bobby, brain cancer will usually, but not always, get you an award. Best to get an attorney; or you might call your claims examiner, find out exactly what he needs in terms of records, and get them yourself. Be sure they are helpful.
Take care and good luck. |
Dianna Lynn
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 06, 2004 - 5:39 pm: |
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I am 50 years old and 5 months ago was diagnosed with acute lymphoblastic leukemia (ALL). I have worked at a factory for 31 years until the diagnosis.I was recently told that after 6 mths I will no longer have my position and will have to go on COBRA.My chemotherapy and radiation treatments will not permit me to return to work for at least another 6-8 mths. What are my options in terms of disabilty in SC? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 744
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 22, 2004 - 6:52 am: |
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Dianna, you should immediately file for Social Security Disability. It is possible that you might be able to go back to work within a year, in which case you will not need Social Security disability, but you can't know that for sure, and the process takes so long that you don't want to start it many months from now.
Most large companies have short term and long term policies, and you should file for one of these if you do.
If you are turned down at either you should talk to an attorney.
Call me at 1 800 775 3985 if you have any other questions.
Take care and good luck. |
YACOSA FOSTER
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, November 30, 2004 - 12:04 am: |
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MY MOTHER HAS HAD LEUKEMIA FOR SEVERAL YEAR NOW AND SHE WAS GETTING MEDICAID WHILE ME AND MY OTHER BROTHER AND SISTERS WERE STILL YOUNG. NOW THAT WE ARE ALL GROWN UP IT HAS STOP AND SHE CAN NO LONGER HOLD A JOB BECAUSE SHE STAYS SICK ALL THE TIME AND I CAN'T AFFORD TO PAY FOR HER VISITS TO THE DOCTOR OR MEDICATION WHAT CAN SHE DO |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 959
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 31, 2004 - 9:12 am: |
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If she cannot work she should re-apply for benefits. She might consider alleging that she has been disabled all this time; that might get her a bigger check. Take care and good luck. |
