Cancer is the second most common cause of disability in the United States, and 14.6 percent of all new claims in 2012 related to cancer. Lung cancer is a common form of the disease, and estimates from the American Cancer Society show that doctors diagnose around 224,000 new cases of lung cancer in the United States annually. The symptoms of lung cancer often mean that you cannot work, and many patients need to claim disability benefits. Find out if you qualify for these benefits, and learn more about the steps you will need to take to apply for help.
Symptoms of Lung Cancer
As lung cancer progresses, patients can experience a range of symptoms and side effects. Common symptoms include a persistent cough, difficulty breathing, chest pain, a hoarse voice and weight loss. Although these side effects are unpleasant enough, the disease can also lead to more serious side effects that can limit your ability to carry out daily tasks.
These side effects include:
- Persistent infections such as bronchitis or pneumonia
- Horner syndrome, which affects nerves to the face and eye
- Lambert-Eaton syndrome, where the muscles around your hips become too weak, making it difficult for you to stand up
- Excessive bone growth, particularly in the fingers
For you to become eligible for Social Security Disability Insurance (SSDI), your lung cancer must meet certain conditions.
Qualifying for Benefits
Doctors can diagnose two forms of lung cancer. Small cell lung cancer is aggressive and spreads quickly. Non-small cell lung cancer spreads more slowly, and is more common than small cell tumors. The Social Security Administration considers the type of cancer you have before deciding if you are eligible for SSDI payments.
- Patients with small cell lung cancer are automatically eligible
- Patients with non-small cell lung cancer are eligible if a doctor confirms that the disease is inoperable, recurrent or has spread past your hilar lymph nodes.
- Patients with cancer at the top of the lungs (in the superior sulcus) are also eligible after they have had one type of treatment.
In all cases, patients must also meet the general non-medical requirements of the SSA program. For example, if you have never worked, you are not normally entitled to SSDI payments. Similarly, retired people cannot normally claim both retirement and disability benefits.
About Residual Functional Capacity
If your illness does not meet any of the three main criteria, you can also ask the SSA to consider your residual functional capacity (RFC). The RFC determines how much work you are realistically able to undertake, due to the symptoms of your lung cancer. Serious symptoms will not automatically qualify you for benefits. For example, if your symptoms stop you carrying out your current job, the SSA will decide if you can still realistically do other types of work.
When the SSA decides that your RFC is too limited to carry out any work, you will receive a medical-vocational allowance. The SSA will often carry out multiple tests and will collect detailed medical evidence before making this decision. For example, you may need pulmonary function tests to show that the cancer limits your breathing too much to work safely.
When reviewing your RFC, the SSA will also consider the long-term side effects of the disease, as well as the impact that treatment can have. In some cases, radiation therapy and chemotherapy can lead to side effects that stop cancer patients working.
Compassionate Allowance
The SSA understands that some lung cancers are very serious and you may need disability insurance payments quickly. A standard application can take anywhere from three to six months, but the compassionate allowances process shortens this timescale to a few weeks. You'll need a pathology report or a medical report that shows the disease is inoperable, after which the SSDI will process your application more quickly.
Using an Attorney
It's important to make sure the SSA approves your request for SSDI benefits when you first apply, as the appeals process is lengthy and complex. An experienced disability insurance attorney can help you make sure your application meets the SSA criteria. An attorney can also help you get the evidence you need to support your claim, and can make sure that a doctor puts all the right information in your medical report.
A trained attorney can also help you show the SSA that you cannot work. He or she can help you provide detailed information about your work history, and can work with your doctor to help accurately assess your RFC.
Lung cancer is one of the most common causes of disability in the United States. If a doctor diagnoses this condition, make sure you take action to claim any available disability insurance payments.
