Table of Contents
The Social Security Administration’s Listing of Impairments addresses cancer in section 13.00. Social Security uses these listings to evaluate all malignant neoplasms except certain neoplasms associated with human immunodeficiency virus (HIV) infection.
Does Cancer Qualify for Social Security Disability Benefits?
As with any condition, just being diagnosed with cancer does not automatically qualify you for Social Security disability. In fact, disability determination representatives often deny cancer claims based on the “one year rule”, stating that the condition is not expected to remain severe for at least 12 months and that the condition is expected to improve enough for the claimant to return to work.
However, having your illness in the Listing of Impairments does not guarantee that you will get SSDI benefits, but such a listing will help your Social Security attorney assemble the right evidence to demonstrate your disability. Contact Social Security disability attorney Nick Ortiz for a free case evaluation.
Social Security Disability for Breast Cancer
Social Security evaluates bilateral primary breast cancer (synchronous or metachronous) under Listing of Impairment 13.10A, which covers local primary disease, and not as a primary disease that has metastasized.
Lymphedema Secondary to Breast Cancer
Social Security evaluate secondary lymphedema that results from anticancer therapy for breast cancer under 13.10E if the lymphedema is treated by surgery to salvage or restore the functioning of an upper extremity. Secondary lymphedema is edema that results from obstruction or destruction of normal lymphatic channels. We may not restrict our determination of the onset of disability to the date of the surgery; we may establish an earlier onset date of disability if the evidence in your case record supports such a finding.
Lymphatic obstruction occurs when the lymph vessels that drain fluid from tissues throughout the body and allow immune cells to travel where they are needed are blocked. Such obstruction may cause lymphedema, which is swelling due to a blockage of the lymph passages.
The most common cause of lymphatic obstruction is the removal or enlargement of the lymph nodes.
Other causes of lymphatic obstruction include:
- Infections with parasites such as filariasis;
- Injury;
- Radiation therapy;
- Skin infections such as cellulitis (more common in obese patients);
- Surgery; and
- Tumors.
Here in the United States, one of the most common causes of lymphedema is the removal of the breast (mastectomy) and underarm lymph tissue for breast cancer. This causes lymphedema of the arm in 10 – 15% of patients, because the lymphatic drainage of the arm passes through the armpit (axilla).
“13.10 Breast (except sarcoma—13.04) (See 13.00K4.)
Listing of Impairments Section 13.00 Cancer
- Locally advanced carcinoma (inflammatory carcinoma, tumor of any size with direct extension to the chest wall or skin, tumor of any size with metastases to the ipsilateral internal mammary nodes.
- Carcinoma with metastases to the supraclavicular or infraclavicular nodes, to 10 or more axillary nodes, or with distant metastases.
- Recurrent carcinoma, except local recurrence that remits with antineoplastic therapy.
- Small-cell (oat cell) carcinoma.
- With secondary lymphedema that is caused by anticancer therapy and treated by surgery to salvage or restore the functioning of an upper extremity. (See 13.00K4b.) Consider under a disability until at least 12 months from the date of the surgery that treated the secondary lymphedema. Thereafter, evaluate any residual impairment(s) under the criteria for the affected body system.”
Get Help with You Social Security Disability Claim
If you have one of these special sense or speech conditions and are just looking to see whether you qualify for disability benefits with the Social Security Administration, call the Ortiz Law Firm. Nick Ortiz represents Social Security disability claimants nationwide and he has experience handling claims for cancer. Call (888) 321-8131 for a free case evaluation.