Monday, May 20, 2024

Can Cancer Be Considered A Disability

Don't Miss

Keeping Medical Information Confidential

Cancer and Social Security Disability

With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee. Under the following circumstances, however, an employer may disclose that an employee has cancer:

  • to supervisors and managers, if necessary to provide a reasonable accommodation or meet an employees work restrictions
  • to first aid and safety personnel if an employee may need emergency treatment or require some other assistance at work
  • to individuals investigating compliance with the ADA and similar state and local laws and
  • where needed for workers compensation or insurance purposes .

8. May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted that she is receiving a reasonable accommodation?

No. Telling co-workers that an employee is receiving a reasonable accommodation amounts to a disclosure that the employee has a disability. Rather than disclosing that the employee is receiving a reasonable accommodation, the employer shouldfocus on the importance of maintaining the privacy of all employees and emphasize that its policy is to refrain from discussing the work situation of any employee with co-workers. Employers may be able to avoid many of these kinds of questions bytraining all employees on the requirements of equal employment laws, including the ADA.

9. If an employee has lost a lot of weight or appears fatigued, may an employer explain to co-workers that the employee has cancer?

Can I Work With Cancer

If you have been diagnosed with cancer and are unable to work for at least a year, you may be eligible for Social Security disability benefits. These benefits can help cover costs of daily living needs while you are unable to work. This includes medical costs, rent, utilities, etc.

There are more than 100 distinct diseases which are broadly classified as cancer. While there are many differences between one form of cancer and the next, all forms of cancer involve uncontrolled cell growth in the affected part of your body. While cell growth is normal in a healthy body, in a cancer sufferer, the cell growth becomes uncontrolled and begins to form tumors, which can affect the functioning of various organs and bodily functions.

Cancer cells multiply and often spread from the originating organ to other parts of the body. Cancers are defined and named for the part of the body from which the abnormal cell growth originated regardless of which parts of the body the cancer may have spread to.

Early detection is key to treating cancer. A variety of treatments are available, with two of the most common being radiation treatment and chemotherapy. Often, these treatments make it impossible for cancer sufferers to continue to engage in meaningful work.

How Breast Cancer Qualifies For Disability Benefits

Social Security Disability Insurance is a federal disability insurance benefit for those who have worked and paid into Social Security. According to the American Cancer Society, those who have any type of cancer may be able to have an SSDI application processed more quickly.

Benefits are limited to those who are unable to perform substantial gainful activity, according to Liz Supinski, director of data science at the Society for Human Resource Management.

There are limits on how much a person can earn and still collect, she says. Its about $1,200 for most people, or around $2,000 per month for those who are blind.

That means most people who are able to qualify for disability benefits are not working for others, Supinski says. Self-employment is common among both disabled workers and those with disabilities severe enough to qualify for benefits.

For those with stage 1 or stage 2 breast cancer, youll need to come through the medical-vocational allowance door, Summers says. Usually, this involves providing financial documentation that youre unable to make more than $1,220 per month because of breast cancer.

You should also be able to prove that your breast cancer affects whats called your residual functional capacity for work.

For example, you may not be able to stand for longer periods of time, lift a certain amount of weight, or use your hands and arms efficiently, which can be results of treatments like surgery, chemotherapy, and radiation.

Also Check: Va Form 10-10hs

Canada Pension Plan Disability Benefit

Patients may be eligible for the Canada Pension Plan Disability Benefit if they :

  • cannot work at any job on a regular basis because of a severe and prolonged disability or illness
  • have paid sufficiently into the plan
  • are under 65 years of age

Even if someone receives CPP-D Benefit payments, they may be able to earn a certain limited amount of income. If they go back to work but find it too difficult because of disability, a fast-track system allows them to go back onto CPP-D Benefits.

People who receive CPP-D benefits may have access to vocational rehabilitation support as well. See the Government of Canadas Canada Pension Plan Disability Benefit Vocational Rehabilitation Program.

England Scotland And Wales

How Severe Does My Cancer Have to be to Get Disability ...

In 2010, the Equality Act replaced previous anti discrimination laws, bringing them together under one piece of legislation. This includes the Disability Discrimination Act. The Equality Act applies to people with cancer or those who have had cancer in the past. All cancers are included. And you are protected from the time you’re diagnosed with cancer.

You May Like: Retirement Pay Calculator Army Reserve

What Medical Conditions Qualify For The Disability Tax Credit

The disability tax credit is different from other disability benefits plans. The above disability plans focus on how your medical condition affects your ability to work. The is not focused on your ability to work. Rather, it focuses on impairment with your daily activities.

Eligibility Criteria for the Disability Tax Credit

  • be blind
  • be in at least one basic activity of daily living
  • be significantly restricted in two or more basic activities of daily living
  • need life sustaining therapy

You will automatically qualify for the disability tax credit if your medical condition causes blindness or you to need life sustaining therapy.

To qualify as blind your visual acuity in both eyes must be 20/200 or less or your field of vision in both eyes is 20 degrees or less.

To qualify under the life sustaining therapy requirement, the therapy must be needed to support a vital function, and you must need it at least 3 times per week for an average of 14 hours per week.

The basic activities of daily living include the following:

  • Speaking
  • Dressing
  • Mental functions necessary for everyday life

To qualify for the disability tax credit you must show that you are markedly restricted in one of these areas. A marked restriction means that you are unable to do the BADL or take an inordinate amount of time to do it. This restriction must be present 90% of the time.

Learn the secrets for winning disability benefits, even after a denial

Qualifying For Ssdi Based On The Effects Of Treatment

Cancer treatments, such as chemotherapy and radiation, can cause fatigue, nausea, weakness, mental decline, and more. The effects of these treatments may make it impossible for you to work. However, it is difficult to get approved for benefits because your cancer treatment has made you ill. The SSA requires that you be unable to work for at least a year in order to qualify for disability and most cancer treatments dont last that long. If you have suffered long-term or permanent side effects of treatment, such as liver problems, lung disease, or bone weakness, you may be able to qualify for disability.

Also Check: What Information Do Medical And Disability Awareness Groups Present

When Will You Be Considered No Longer Disabled From Cancer

If your original cancer have been successfully treated, and there is no evidence of their recurrence for three or more years, then your cancer will no longer meet any of the SSAs impairment listing requirements. This is durational rule for cancer is known as the three-year rule.

Alternatively, the three-year rule also means that if disability benefits are awarded to an applicant because of his or her cancer, the disability award will stand for a minimum of three years, even if the cancer seems to have been successfully treated prior to the end of the three-year period.

Note that cancer is subject to the same one-year duration requirement for getting disability benefits as any other medical condition.

Take our disability quiz to help you determine whether you qualify for benefits.

How The Ada Affects Jobs

Atomic Veterans Can Get Cancer VA Disability Benefits for Exposure to Radiation

Does the ADA apply to my employer?

The law applies to employers with 15 or more employees. Job discrimination against people with disabilities by these employers is not legal if practiced by:

  • Private employers
  • Labor organizations
  • Labor management committees

Employees of the US government are not covered under the ADA. But they have the same protections under a different law, which is enforced by the Office of Federal Operations of the Equal Employment Opportunities Commission . To file a complaint, a federal employee must first contact an equal employment opportunity counselor at the agency in which they believe the discrimination took place. You can learn more from the EEOC website.

Here are a couple of key points about how the ADA applies to you at work.

  • The ADA must apply to your employer as noted in the section above. You must also be qualified for and able to perform the essential functions of the job.
  • Although the ADA defines the term disability, it does not include a list of conditions that are always considered disabilities. Instead, each case must be looked at on its own merits.
  • An employer may not discriminate against you because you used to be sick.
  • The ADA also prevents an employer from discriminating against you if he or she thinks you are sick, even if you arent.

Which employment practices does the ADA cover?

If you have a disability and are qualified for a job, the ADA does not allow the employers noted above to discriminate in employment practices, such as:

Don’t Miss: How Much Do You Get On Disability In California

Americans With Disabilities Act: Information For People Facing Cancer

Disclaimer: The American Cancer Society does not offer legal advice. This information is given only to provide general background in this area of the law.

The Americans with Disabilities Act of 1990 is a law that helps protect the civil rights of people with disabilities. It can help people with disabilities have equal opportunities in:

  • Employment
  • Public accommodations
  • Transportation
  • State and local government services
  • Telecommunications

The United States Department of Justice enforces the ADA requirements in 3 areas:

  • Title I: Employment practices by units of state and local government
  • Title II: Programs, services, and activities of state and local government, including public transportation
  • Title III: Public accommodations and commercial facilities . This can include privately owned or privately run transportation, movie theaters, restaurants, stores, doctors offices, fitness centers, zoos, convention centers, private schools, day care centers, homeless shelters, funeral homes, and more.

Title IV of the ADA covers people with hearing and speech problems, and is enforced by the Federal Communications Commission . For more on those rules, or visit

Contact Our Illinois Social Security Disability Attorney

If you have been diagnosed with cancer, you will likely be concerned about whether you will be able to provide for yourself if your treatment will affect your ability to work. Pearson Disability Law, LLC can review your case and help you determine whether you qualify for Social Security disability benefits. In some cases, you may be eligible for a Compassionate Allowance, allowing your case to be processed more quickly. We will work with you to apply for disability benefits, and we will help you address the denial of a claim or any other issues that affect your ability to receive disability benefits. Call our today at 312-999-0999 to set up your free consultation.

Also Check: Crsc Qualifications

When Is Cancer A Disability

Is cancer considered to be a disability when it comes to ADA protections? The short answer is yes. The longer answer will depend on the specific circumstances of the employee. So, when is cancer a disability? It will be when:

  • Cancer or its side effects substantially limits one or more of a persons major life activities. This would qualify that person as currently disabled.
  • Cancer was substantially limiting sometime in the past. This would qualify someone as having a record of disability.
  • The employer takes action against the individual based on an actual or perceived impairment, such as cancer, that is not transitory and minor. This would qualify as the individual being regarded as disabled.
  • Each of these three scenarios would trigger ADA protections.

    Its also important to note that other conditions that can result from or be more prevalent for individuals with cancer, such as depression and anxiety. Cancer can also increase someones susceptibility to other serious illness. These related conditions could be disabling on their own.

    Evolving Legal Definition Of Disability

    Social Security Disability for Cancer

    Human rights law is constantly developing, and certain conditions, characteristics or experiences that are disputed as disabilities today may come to be commonly accepted as such due to changes in the law reflecting medical, social or ideological advancements.

    Conditions that were questioned in the past have now been accepted as disabilities within the meaning of the Code. For example, when the OHRC published its 2001 Disability Policy, environmental sensitivities were just beginning to be recognized as a human rights issue. In Ontario, the HRTO has held in at least one case that environmental sensitivities can be a disability within the meaning of the Code.

    Example: A woman with multiple chemical sensitivities who was living in a multi-unit apartment building was made ill by exposure to fumes given off by chemicals used in paints and varnishes at the building. As a result, she was prevented from accessing areas where the fumes were present, including her own bedroom. Presenting medical documentation from her doctor, the woman asked her housing provider to accommodate her by using less toxic materials and by granting her a temporary unit transfer, but it refused to do so. The HRTO confirmed that multiple chemical sensitivities are a disability under the Code, and found that the housing provider violated the Code by failing to provide accommodation.

    Subsection 10 of the Code, supra note 7.

    From the Preamble to the CRPD, supra note 6 at p. 3.

    Mercier, supra note 17.

    Read Also: Nolos Guide To Social Security Disability

    Is Cancer A Disability Sometimes

    Short- and long-term disability are resources available to help patients with cancer through the financial struggle.

    Those with cancer often experience financial toxicity. This is when a patient has high medical costs not covered by insurance or less income because they cannot work full time. Financial toxicity often leads to debt and bankruptcy. Short- and long-term disability are resources available to help patients with cancer through this financial struggle.

    To qualify for short- or long-term disability, you must not be able to work due to your disease, its treatment or its side effects. Depending on the severity and course of treatment, cancer may be a qualifying condition.

    If you have questions about whether you qualify for disability insurance, talk to your oncology social worker for more information.

    Your oncology social worker can provide you with the tools and education to know how to apply, said Kristine Tarter, oncology social worker at Marshfield Clinic Health System.

    Does Cancer Count As A Disability For Social Security

    The SSA lists several types of cancer in Section 13.00 of its online Blue Book. If you have any of the types of cancer listed in this section, you should automatically qualify for benefits regardless of the stage your cancer was detected in. Typically, the SSA recognizes particularly disabling and hard to treat cancers as automatic disabilities. In this category are all small-cell cancers, as well as:

    • Esophageal cancer
    • Salivary gland cancer
    • Sino-nasal cancer

    Even cancers that do not appear on the SSAs list could be counted as sufficiently disabling to merit SSDI benefits. Non-small-cell cancers that have survived more than three months of chemotherapy or spread to another organ, for example, are usually covered by SSDI. You could also qualify for what is called vocational disability, if your cancer is likely to interfere with your profession. An example of this could be a lifelong manual worker whose cancer makes it difficult to carry heavy loads or bend at the waist.

    Read Also: How Much Does Disability Pay In California

    Social Security Disability Benefits And Cancer

    For the latest on our free resources about financial and other issues facing patients and their loved ones, please sign up for our email newsletter on our website:

    If you have been diagnosed with cancer, you may be wondering if youll qualify for Social Security disability benefits. Unfortunately, the answer may not be a simple yes or no. The Social Security Administration has different eligibility criteria for each applicant. Some people will qualify for disability benefits with just a cancer diagnosis, but others will need biopsy reports or physicians notes proving the cancer is advanced or recurrent to be approved. Your eligibility will depend on your unique form and stage of cancer.

    Medical Qualification with the Blue Book

    The SSA uses a medical guide called the Blue Book to evaluate every cancer applicant to determine if he or she is eligible for financial assistance. Fortunately, the entire Blue Book is online, so you may be able to see if you qualify today.

    Cancers that are aggressive or historically hard to treat will qualify with just a diagnosis. If you have been diagnosed one of the following cancers, you should automatically, medically qualify for disability benefits:

    • Esophageal cancer
    • Any small cell cancer
    • Thyroid cancer

    All cancer listings can be found in Section 13.00 of the SSAs Blue Book. Be sure to review the medical resource with your oncologist to get a good idea as to whether or not youll be approved.

    More articles

    Popular Articles