How The Ada Can Help In Settings Other Than Work
The ADA defines public accommodations as those that are generally open to everyone, such as restaurants, hotels, theaters, doctors offices, drug stores, retail stores, museums, libraries, parks, private schools, and day care centers.
Private clubs and religious organizations are not considered places of public accommodation. They dont have to meet the ADA requirements.
The ADA requires the property administrators of these kinds of public places to remove barriers when its readily achievable to do so. This means that it must be fairly easy to do without much trouble or expense. Examples of removing barriers would include making a simple ramp over a few steps or other modest adjustments to parts of a public places physical structure that may impose barriers for people with disabilities.
Take Advantage Of Help Along The Way
Figuring out benefits and programs can be confusing, especially when some may seem to overlap. Take advantage of a host of resources that can help. Among them:
- To get up to speed on Social Security disability benefits, see Disability Benefits, an online booklet published by the Social Security Administration. Included is information on who is eligible, how to apply and what you need to know when the benefits begin.
- Some cancer centers and hospitals may offer programs to help you decipher disability programs. Call the cancer center or hospital where you received treatment to inquire, or ask your oncologist.
- Hire an attorney to help with an appeal. Disability attorneys can be found through your local or state bar associations lawyer referral service. These attorneys are required to provide assistance on a contingency basis, which means that they get paid only if they help get you past benefits.
Get The Help You Deserve When Applying For Social Security Disability
If you believe you qualify for Social Security disability based on your breast cancer then it is important to get legal help before you file your application for benefits. Our experienced lawyers know how to accurately and effectively complete Social Security disability applications so that you can increase your chances of getting the financial support that you deserve during this difficult time. Please contact us today via this website or by phone to learn more about your rights and how to protect them.
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Applying For Disability With Prostate Cancer
If you have been diagnosed with prostate cancer and are unable to work, you may be worried about making ends meet. Fortunately, the Social Security Administration provides financial benefits for people who are unable to work due to an illness.
Metastatic, late stage, and terminal prostate cancers automatically meet the SSAs medical eligibility requirements for disability benefits. Prostate cancer that is diagnosed early and response to treatment, however, may or may not qualify you for benefits.
If your cancer is advanced, has recurred, or is inoperable or resistant to treatment, then you can typically get a decision on your application within just a few weeks. If your prostate cancer was caught early and treated appropriately but has nonetheless has left you unable to work, you will have an uphill battle ahead to get approved for disability benefits.
What To Do If You Feel You Have Been Discriminated Against
You have some options if you feel you have been discriminated against because you have cancer. It’s always best to start by talking to the person involved about your concerns. This might be your employer, tutor or landlord. It helps to keep a record of what happened and when.
You could speak with your union or human resources officer if the problem is with your employer. There is a scheme called Access to Work that can help with making changes at your place of work. This is for people in England, Scotland and Wales.
You can also get advice from the Citizens Advice Bureau if you can’t resolve the problem by discussion.
Some people who cant resolve the problem might want to go further and take legal action. Before you do this, take advice and get as much information as you can. You’ll need to think about the cost, because taking legal action can be very expensive. Most people are able to resolve problems without taking any legal action.
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When Your Cancer Has Spread
If your cancer has spread to parts of your body that are far removed from where it originated, this is called “distant metastases.” The SSA’s cancer listings refer to this complication as “metastases beyond the regional lymph nodes.” For instance, lung cancer often metastasizes to the liver.
When cancer has spread, the applicant usually qualifies for automatic approval under the cancer listings, even if the original cancer and the metastic lesion have been removed. However, if the metastases are expected to respond fully to chemo or radiation, the SSA may wait to see the outcome.
To qualify for benefits because of metastatic cancer, you must provide the SSA with the appropriate medical documentation that supports your claim. Generally, metastatic lesions are diagnosed by biopsy therefore, you would need to provide the SSA with the appropriate biopsy report. However, there are times when a metastic lesion cannot be accessed for a biopsy because the patient is too ill to undergo surgery or because the location prevents the doctor from performing a biopsy .
In cases where a biopsy is unattainable, you must provide the SSA with a copy of the x-ray, MRI or CT scan, or other test that was performed that revealed the metastatic lesion. However, even if your doctor provides a statement to the SSA that the lesion visualized on the imaging study is cancerous, the SSA will not accept his or her opinion unless the lesion is medically treated as cancer .
Compassionate Allowances And Breast Cancer
When a disability severe and an applicant clearly needs assistance, the SSA will expedite the application process. Instead of having to wait for 5+ months to be approved like the typical applicant, conditions that qualify for a Compassionate Allowance will be approved in as little as ten days.
Breast cancer that is advanced can usually qualify for a Compassionate Allowance if it meets one of the three following conditions:
- Your breast cancer has metastasized .
- Your breast cancer has returned despite undergoing chemotherapy or another cancer treatment.
- Your breast cancer is inoperable.
Applying for disability benefits successfully typically requires a wealth of medical history or paperwork, but if you can have one piece of medical evidence showing that you qualify for a Compassionate Allowance, you should be approved quickly.
Examples of qualifying medical records could include a surgeons testimony stating that your cancer is inoperable, or an oncologists record of your cancer returning despite you successfully undergoing a year of chemotherapy. You could also provide a biopsy report that shows that your cancer has spread to nearby organs, such as the lungs.
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New Orleans Ssdi Attorneys: Contact Ascend Disability Lawyers Llc Today
You need trusted legal advocates and advisers to help and to fight rights under the laws. The proven New Orleans SSDI lawyers at Ascend Disability Lawyers, LLC.can help. We have extensive experience helping Louisiana citizens apply for SSDI when they are unable to work. You have entitlement to benefits if you cannot work and are otherwise qualified.
Having skilled and experienced advocates working with and for you can make a huge difference. Good lawyers know what needs to be in the application. Also, they need to know how to get the best facts and evidence for a favorable outcome. That helps the application proceed smoothly and quickly. Contact our office today via email or by calling 631-2544.
Filed Under: The Ascend Disability Law Blog
Disability Benefits Dependent On Treatment Side Effects
Treatments for patients tend to vary depending on the location and spread of the cancer. Surgery can eliminate cancerous skin lesions, while lung cancer is usually treated using chemotherapy and radiation. Widely used cancer treatments include proton therapy, gene therapy, bone marrow transplants, and laser treatments.
Some of the work-debilitating side effects of chemotherapy includes fatigue, a compromised immune system, pain, nausea, and digestive problems. For radiation therapy, some of the side effects may include skin irritation, persistent fatigue, and other symptoms that may limit ones work activities.
In most cases, these side effects can provide a sufficient basis for short-term disability insurance benefits that can replace a part of the patients income for up to six months.
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What Benefits Are Cancer Patients Entitled To
The Social Security Administration provides financial assistance to people with many different forms of medical disability. Several types of cancer are included in the SSAs list of covered disabilities, especially if the illness or treatment causes symptoms that prevent you from working. If you get monthly SSDI payments for cancer or related conditions, you are entitled to cash assistance and possibly several state benefit programs. You may also be eligible for Medicare, even if you are under age 65, or for Medicaid on the basis of need.
General Information About Cancer
Cancer is a group of related diseases characterized by the out-of-control growth of abnormal cells caused by both external and internal factors, such as chemicals, radiation, immune conditions, and inherited mutations.4 In 2008, the last year for which incidence data is available, more than 12 million Americans were living with cancer.5 Some of these individuals had cancers that were not “active,” or inremission, while others still had evidence of cancer and may have been undergoing treatment.6
Cancer’s effect on an individual depends on many factors, including the primary site of the cancer, stage of the disease, age and health of the individual, and type of treatment. The most common symptoms and side effects of cancer and/ortreatment are pain, fatigue, problems related to nutrition and weight management, nausea, vomiting, hair loss, low blood counts, memory and concentration loss, depression, and respiratory problems.7
Despite significant gains in cancer survival rates, people with cancer still experience barriers to equal job opportunities. Often, employees with cancer face discrimination because of their supervisors’ and co-workers’ misperceptions about theirability to work during and after cancer treatment. Even when the prognosis is excellent, some employers expect that a person diagnosed with cancer will take long absences from work or be unable to focus on job duties.
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Medically Qualifying Under The Prostate Cancer Listing
There is a standard disability listing for prostate cancer in the SSAs Blue Book. The Blue Book is a medical guide used by the SSA when handling all applications for disability benefits. Prostate cancer appears under 13.24 and requires your cancer has progressed or returned after initial treatment, or that you have metastatic prostate cancer that has spread to internal organs. Oat or small cell carcinoma qualifies for benefits under this listing as well.
Even if you meet this listing, you must still submit a thorough and complete application for benefits and you must have the required medical evidence to support your claim. When you apply for benefits, you will give the SSA permission to obtain your medical records. These records with your primary doctor, oncologist, urologist, and other healthcare providers serve as supporting evidence in your disability case file.
The specific evidence required depends on the type, grade, and stage of your prostate cancer. Generally speaking, though, the following medical records are necessary to be approved under the Blue Book listing:
A Guide To Disability Benefits And Breast Cancer
When youre dealing with a diagnosis of breast cancer, or already going through treatment, your health is obviously top priority. But making sure you have financial support is also crucial.
Disability benefits can give you some much-needed peace of mind when youre dealing with treatment side effects and taking time to heal, but navigating the system and understanding if you qualify can be a challenge.
This is especially true for those with early stage breast cancer, according to Sophie Summers, a human resources manager at software firm RapidAPI.
In the initial stage of breast cancer, you have to cross more miles to get disability benefits, she says. Those suffering from stage 3 or above are more likely to medically qualify, but there are still ways to get some benefits, such as coverage of medications.
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Against Private Employers And State/local Governments
Any person who believes that his or her employment rights have been violated on the basis of disability and wants to make a claim against an employer must file a charge of discrimination with the EEOC. A third party may also file a charge onbehalf of another person who believes he or she experienced discrimination. For example, a family member, social worker, or other representative can file a charge on behalf of someone who is incapacitated because of cancer. The charge must be filedby mail or in person with the local EEOC office within 180 days from the date of the alleged violation. The 180-day filing deadline is extended to 300 days if a state or local anti-discrimination agency has the authority to grant or seek relief asto the challenged unlawful employment practice.
The EEOC will send the parties a copy of the charge and may ask for responses and supporting information. Before formal investigation, the EEOC may select the charge for EEOC’s mediation program. Both parties have to agree to mediation, which mayprevent a time consuming investigation of the charge. Participation in mediation is free, voluntary, and confidential.
Carcinoid And Neuroendocrine Tumors And Social Security Disability Benefits
Carcinoid tumors are usually slow growing tumors that arise from the neuroendocrine system, which produces hormones. Many carcinoids begin in the digestive track and can lead to carcinoid syndrome, which refers to an array of symptoms that occur as the tumors secrete chemicals into the bloodstream.
The complications that arise from having an advanced carcinoid or other neuroendocrine tumorssuch as pancreatic neuroendocrine tumorscan dramatically alter your daily life, keeping you from working and earning a living. If you are facing circumstances such as these, you may be eligible to receive Social Security Disability benefits.
In this article, we will help you understand the benefits that are available to you and will help you prepare to begin the application process.
SSD Benefit Programs
The two primary disability assistance programs offered by the Social Security Administration are Social Security Disability Insurance and Supplemental Security Income . Below you will find a brief description of each program:
- SSDI benefits are offered to disabled workers and their eligible family members. Eligibility for SSDI is dependent on an applicants employment history, Social Security taxes, and their particular illness or condition. This program is best suited for individuals who have worked and paid taxes for many years. Learn more about qualifying for SSDI benefits, here.
In some circumstances, applicants may be eligible to receive benefits from both programs.
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How Can I Find Out More About Ssdi
- Visit www.ssa.gov online choose disability
- Visit ssabest.benefits.gov to learn about Social Security benefits you might be eligible for including SSDI
- Go to your nearest Social Security office
You can find out how much you would get from SSDI by looking at your Social Security statement. The statement shows your work history and an estimate of what your benefits would be at this time. To get a Social Security statement:
- Request a statement online through Social Securitys website at www.ssa.gov. Click on My Social Security on the left side of the page.
Note that SSDI is different from SSI . SSI is for people with disabilities or who are at least 65 years old and who have limited income and resources. See our information on Supplemental Security Income .
Does Multiple Myeloma Qualify For Social Security Disability
Qualification for Social Security disability benefits depends on the type and severity of myeloma and/or the side effects of treatment. If the disease or treatment side effects are severe, you may meet the Social Security Administration eligibility requirements and be entitled to receive monthly benefits.
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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.
How To Appeal A Denial
Each year the Social Security Administrations receives tens of thousands of applications for Social Security disability benefits, and the vast majority of those claims are denied initially. They are denied for a variety of reasons, including incomplete applications, missing information or simply that the applicant does not meet the guidelines to receive benefits.
It is very important not to panic if your application is denied at first. You have 60 days to file an appeal, so you need to focus on responding to the SSA with a request for reconsideration. It is possible that another representative will take a different approach with your application. This is also an opportunity to add more information to your application that you might have missed the first time. Make sure that you have a complete medical record of your diagnosis, your treatment plan and all test results related to your condition. If you are taking medication, make sure you list all of your prescriptions and note any side effects that are impacting your ability to work.
Since time has passed since you submitted your initial application, the appeal process is an opportunity to include any relevant updates, including additional doctor visits, new reactions or side effects or developments in your condition that were not present when you first submitted your claim.
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