If you have been receiving SSD benefits for cancer that has gone into remission, you may be able to continue to receive benefits for up to three years after remission. However, the length of time you can receive benefits can be impacted by different factors, so talking to an Oklahoma City Social Security benefits attorney from The Law Center for Social Security Disability can help you determine what your options are.
Criteria for Receiving Social Security Disability (SSD) Benefits for Cancer
If you are seeking SSD benefits after a cancer diagnosis, it is important to know that, according to Section 13.00 Cancer- Adult of the SSA’s Blue Book Manual, cancers are carefully evaluated to determine an individual’s eligibility for benefits, since some types may not be covered.
The SSA evaluates how the patient’s cancer originated, how aggressive it is, the required medical treatment and the cancer’s response to it, and the residual effects of treatment. Cancers that are more serious in terms of aggression and prognosis can more easily qualify for benefits since they also have a stronger impact on a patient’s ability to work.
What Remission Means for Your Benefits
If your cancer goes into remission, you can generally continue to receive SSD benefits for a period of time. This is allowed for a couple of reasons. First, cancer treatments can take a toll on other aspects of your health, which could leave you weak and legally disabled for a time. Second, it may take some time to ensure the cancer does not come back and/or spread to another area of the body.
The SSA generally allows individuals to continue to receive benefits for up to three years after full remission. However, the allotted time for SSD benefits during remission may be significantly shorter for certain cancers. If your cancer comes back or you develop a new condition that qualifies for benefits, then you may need to take additional action to secure or retain your benefits. Your lawyer can help you determine how long you can continue to receive benefits and how to navigate other applicable changes.
What to Do if You Need to Continue to Receive Benefits
If you have lost your benefits sooner than you expected, or find that you are still dealing with residual effects after the allotted remission benefits period, you may need to file an appeal or complete another application to recover SSD benefits. In either situation, you must provide substantial evidence of ongoing effects, complications, or other conditions caused by the cancer treatments you received.
Complications and changes in your SSD benefits, applications, or appeals can be very stressful and challenging. Hiring a lawyer is highly recommended to ensure that the issue is resolved with as little hassle as possible. A lawyer also understands that while cancer remission is something to be celebrated, it does not mean that you are feeling fully recovered. As such, they advocate for you with the SSA so your health can continue to remain your top priority as your body heals from cancer and treatment.