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Applying for SSD with Various Skin Cancers

Submitted by Ram on

The steps involved in applying for Social Security Disability (SSD) with any disabling condition entail essentially the same processes; however, the type of disability you have does influence the information the Social Security Administration (SSA) expects you to present within your application. As July is UV Safety Awareness Month, it seems an appropriate time for discussing the eligibility criteria and disability documentation requirements for SSD applicants who suffer from various forms of skin cancer.

What Types of Skin Cancer Meet SSD Eligibility Requirements?

Melanomas, Sarcomas and Carcinomas all meet SSD eligibility standards under particular circumstances. The SSA defines the eligibility standards for each recognized disability in its “Blue Book”. The Blue Book is the document the SSA’s Disability Determination Services office utilizes when examining applications to decide if they meet the SSD eligibility criteria.

Blue Book definitions for Different Forms of Skin Cancer

Carcinomas and sarcomas must present with regional lymph node involvement or other metastases in order to qualify for SSD benefits. Melanomas qualify under several conditions, including:

  • Melanomas that recur after surgical removal of skin lesions.
  • Melanomas with metastases in:
    • Clinically apparent nodes, diagnosed through physical exam or imaging studies, OR
    • Four or more nodes even when not clinically apparent, OR
    • Nearby skin tissue or distant sites.

Disability by Definition for Adults under SSA Guidelines

In addition to meeting the condition-specific criteria listed above, individuals who apply for SSD benefits with skin cancer must also meet the standard definition of disability according to SSA guidelines. According the standard definition, in order to be found eligible for disability benefits, applicants must:

  • Be unable to maintain gainful employment as a result of physical and/or mental impairment,
  • Have either a terminal condition or one that is expected to last no less than 12 months,
  • Have a “medically determinable impairment”, or one that can be proven through standard medical evaluation, diagnosis and documentation.

What Constitutes a “Medically Determinable Impairment”?

The clear and consistent documentation of a medical condition is what’s required in order for applicants to establish a “medically determinable impairment” under SSD eligibility guidelines. Applicants document their own symptoms, signs and other details of their medical condition in their application for SSD benefits. Those same details must also be supported by the formal medical documentation that is present in the exhibit file, including lab tests, doctors’ records and other diagnostic details and documents. Statements from the physicians that have treated the condition must also be present in the application in order to satisfy eligibility requirements.

Meeting the SSA’s Skin Cancer Criteria for SSD Benefits

When applying for SSD with a diagnosis of skin cancer, applicants should work closely with their treating physicians to document their illness under the SSA’s Blue Book definition of their specific disease. It can also be helpful to have legal assistance from a Social Security lawyer in navigating the application and review processes for SSD benefits.

A disability attorney that is familiar with the system can assist in putting together a thorough and complete application that meets the SSA’s guidelines. In doing so, he or she may also be able to shorten the wait for a determination on eligibility and get you the benefits to which you may be entitled sooner as a result.

July is Mental Health Awareness Month

Submitted by Ram on

As Mental Health Awareness Month, July is perhaps the most appropriate time for reviewing the types of mental diseases and disorders that qualify under the Social Security Administration’s (SSA’s) guidelines for disability benefits. There are a number of conditions that can meet the SSA’s guidelines, though it’s important to understand that there are condition-specific eligibility requirements as well as general disability requirements that the SSA applies to every application for Social Security Disability (SSD) benefits.

General Disability Requirements

Any application for SSD benefits must meet certain basic requirements in order to be found eligible for benefits regardless of the type of disability driving the application. The applicant must have a condition that:

  • Prevents him/her from holding gainful employment,
  • Is expected to last 12 or more consecutive months and/or result in death, and
  • Can be proven under standard medical documentation practices.

Condition-Specific Disability Requirements

Every application for SSD benefits must contain thorough medical documentation supporting the claim for disability. That documentation should include letters from treating physicians and mental health service providers as well as medical records. Medical records should include any and all disability-related test results, treatments undertaken, and any other pertinent details related to the diagnosis, management and outlook for the condition.

Each mental illness and disorder recognized under the SSA’s guidelines has specific criteria that must be met in order to qualify for SSD benefits. The condition-specific definitions for each potentially eligible condition can be found on the SSA’s website.

What Conditions are covered Under SSD?

There are many different categories of mental illnesses and disorders that may qualify for SSD benefits. The following conditions are generally considered eligible under the SSA’s guidelines, though applicants must still meet the general disability requirements and condition-specific criteria before receiving disability benefits.

  • Organic Mental Disorders
  • Psychotic Disorders, including Paranoid and Schizophrenic Conditions
  • Affective Disorders
  • Mental Retardation
  • Anxiety Disorders and Related Conditions
  • Somatoform Disorders
  • Personality Disorders
  • Substance Addictive Disorders
  • Autistic Disorders and Other Pervasive Developmental Disorders

Supporting the Claim for SSD with a Mental Illness or Disorder

Again, each condition in the SSA’s Blue Book list (standard list of potentially disabling conditions) has specific criteria which must be met in order for an SSD application to adequately support a claim for disability benefits. For this reason, it’s essential that the applicant work closely with his or her mental health care provider(s) and other treating physicians in order to effectively document the disability and substantiate the claim for SSD benefits.

Substantiating any medical condition under the SSA’s eligibility guidelines can be challenging, but supporting a claim with a mental illness or disorder diagnosis can be even more complex, especially given the fact that many mental health issues affect each individual differently. Having legal assistance when filing an SSD application can be helpful, particularly in cases where mental illness is the primary reason for the disability.

A Social Security lawyer accustomed to working on mental health-related SSD claims can help put together a more thorough case file and adequately detailed application for disability benefits. In the process, he or she can help increase the chances of the application being approved as well.

SSA Expects Pending Initial Claims to Increase

Submitted by Ram on

The number of pending initial claims for Social Security Disability (SSD) benefits has been backlogged for some years, but with the record setting 230,000 new applications for SSD received by the Social Security Administration (SSA) in May 2012, the wait time for reviews to be completed and eligibility determinations to be made is expected to increase significantly. In fact, the SSA anticipates pending claims to reach more than 860,000 before the end of the fiscal year (Sept. 30, 2012) and more than 1.1 million by the end of the 2013 fiscal year (Sept. 30, 2013).

Individuals Receiving SSDI Benefits Hits Record High

Submitted by Ram on

The number of individuals receiving Social Security Disability Insurance (SSDI) Benefits has hit a record high. Beginning in 2008 and continuing through to the present, the number of new applicants for SSDI benefits has increased substantially, with 2.8 million Americans applying for benefits in 2008 and 2009. That was a 21 percent increase in applications from 2007. It should come as no surprise then that the more than 10 million Americans now receiving disability benefits also sets a record high.