Tuesday, May 17, 2022

Is Cancer A Schedule A Disability

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What Is The Disability Rating For Urinary Tract Infection

Bladder Cancer and VA Disability Benefits

A is an infection that can affect any part of your urinary system. This occurs when your urine is contaminated by bacteria that enter your bladder. This condition can lead to pain in your pelvic area and the frequent urge to urinate, etc.

The disability rating for a UTI is:

  • 10% if you need long term drug therapy, if you are hospitalized once or twice per year and/or receive occasional intensive management of your symptoms.
  • 30% if you have recurrent infections leading to more than two hospital visits yearly and/or receive constant intensive management of your symptoms.

The VA will decide which rating system is predominant and should apply to the veterans condition based on the medical evidence the veteran submits with their claim or a VA examination.

In one public VA disability case, a veteran had a medical history of having one UTI, but recurring complaints of symptoms under the voiding dysfunction system. The VA ranked voiding dysfunction as the veterans predominant condition and calculated their disability rating based on that system.

Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veterans Firm, is often asked about veterans disability claims and appeals.

How To Establish A Service Connection For An Enlarged Prostate

Establishing a service connection for an enlarged prostate is extremely difficult because the root cause of this condition is unclear, making it difficult to directly or proximately link this disability to an injury or disease in service.

For example, the VA denied a disability claim where a veteran tried to prove a secondary service connection for their BPH, arguing that this disability is a result of his primary service-connected diabetes. The VA found that there is no medical correlation between BPH and diabetes and denied the claim.

The Nexus Letter is like the missing link to a successful VA disability compensation claim. In this video, one of our veterans disability lawyers explains the importance of the Nexus Letter.

Therefore, a veteran needs to submit strong medical evidence with their disability claim to prove that their BPH is either a direct result or secondary result of their military service.

A veteran can submit:

  • Medical records showing that they have been diagnosed with BPH.
  • Service treatment records showing that they were treated for BPH or a prostate-related injury during service.
  • Lay evidence that confirms the veteran developed BPH or a prostate-related injury in service. This can include statements from your co-workers, spouses, family members, etc.
  • Doctor reports validating that a connection exists between their enlarged prostate and an injury or disease they suffered during service.

Western District Of Virginia Finds Employee Diagnosed With Cancer Disabled Under The Ada

In a recent case, the court found an employee diagnosed with Stage IV inoperable Adenocarcinoma pancreatic cancer had a disability under the Americans with Disabilities Act .

The court further held that the employee was entitled to reasonable accommodations in the form of a modified work schedule to obtain chemotherapy treatment. The court concluded that the employers termination of the employee less than two months after starting treatment, despite no negative reviews regarding his job performance, was sufficient to survive a motion to dismiss for claims of discrimination under the ADA.

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When Do You Need An Ltd Lawyer To Handle Your Claim

You did everything you were supposed to do. You bought a disability policy that should cover you. Yet as soon as you make your claim the insurance company turns on you. They claim pre-existing conditions. They claim you can work, even when you find work to be impossible. You think a diagnosis of cancer should be enough: in truth it rarely is.

Sometimes insurers deny benefits outright. Sometimes they suddenly cut off benefits, abruptly and without warning, even while youre still undergoing chemotherapy treatments.

You can alleviate some of these problems yourself by providing documentation of your medical tests and treatments. Youll also need to document the symptoms that are having a negative impact on your life.

If you do everything right and get denied anyway, reaching out to an LTD lawyer is your best call. Dont go through the appeal process without one, as you are unlikely to receive benefits if you do.

Getting Disability For Cancer

Medical Information Needed to Qualify With Cancer ...

If a person has cancer that is considered to be inoperable or has spread throughout the body, SSDI benefits may be paid. Certain types of cancer also qualify a person for benefits. These types include liver cancer, inflammatory breast cancer, metastatic brain cancer and pancreatic cancer.

The Social Security Administration will take factors including location of the tumors, spreading of cancerous cells and the bodys response to cancer treatment into consideration when determining whether a person qualifies for benefits. In-depth documentation including test results, treatment details and a record of residual complications after treatment is complete must be provided.

If the prognosis is poor, a person may qualify for SSDI benefits under the Compassionate Allowance program. This program allows for the expedited payment of benefits when a condition is both severe and easily proven.

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How The Ada Affects Jobs

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:

The Cancer Is Recurring

A recurring cancer is one that returns after chemo or radiation or one that was removed before returning to an area near the site of the original surgery. Recurrent cancer usually qualifies for automatic approval of benefits, even if significant time has passed between the cancer removal and the recurrence.

The criteria for receiving SSDI as a cancer patient are outlined in the Blue Book listing 13.00 Cancer-Adult.

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Get Help With Your Cancer Claim Today

Sometimes getting help from a long-term disability lawyer is the only way to make insurance companies do the right thing.

Most members of our Red Deer legal team have over 20 years of experience handling disability claims just like yours. This experience increases your chances of getting the benefits you need to pay your bills while you battle this terrible disease.

Were responsive and caring lawyers with a long track record of winning cases. Were known for being some of Albertas toughest negotiators and savviest litigators.

Dont struggle through your disability claim on your own. We do the heavy lifting so you can focus on getting well. Call to schedule a case evaluation today.

How Is Prostate Cancer Work

VA Disability Ratings for Gynecological Conditions

Prostate Cancer can be work-related in a variety of manners. Prostate Cancer can be work-related with respect to certain:

  • Worksite Exposures: Certain Pesticides, Chromium
  • Occupations: Administrative and Management Positions, Firefighting and Law Enforcement, Pilots, and Agriculture
  • Work Activities: Shift Work
  • Labor Code Sections: Labor Code Presumption for Cancer 3212.1

SeeCancer Med. 2018 Apr 7: 14681478, Published online 2018 Mar 1. doi: 10.1002/cam4.1358Prostate cancer surveillance by occupation and industry: the Canadian Census Health and Environment Cohort

Jeavana Sritharan, Jill MacLeod, Shelley Harris, Donald C. Cole, Anne Harris, Michael Tjepkema, Paul A. Peters, and Paul A. Demers and J Cancer Prev. 2019 Jun 24: 91111.

Published online 2019 Jun 30. doi: 10.15430/JCP.2019.24.2.91, Occupational Risk Factors for Prostate Cancer: A Meta-analysis, Srmena Krstev and Anders Knutsson

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Va Benefits For Prostate Cancer

If you have been exposed to Agent Orange and developed prostate cancer, you may qualify for substantial compensation from the Department of Veterans Affairs . These contaminants may have lingered in your body for decades and your body is just now beginning to show symptoms of being exposed to these harmful chemicals. You deserve compensation from the VA for your diagnosis.

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Va Disability Ratings For Cancer: How Does Va Rate Cancer

If a veteran is service-connected for an active cancer, VA should automatically assign a 100 percent disability rating. This rating continues for as long as their cancer is active, and then for another six months following the successful completion of a treatment program . Six months after cancer treatment ends, VA will schedule the veteran for a Compensation & Pension examination to evaluate the current status of their condition. If the C& P examination shows that their cancer is no longer active, but in remission, VA will then evaluate the cancer based on its residuals, if any. For example, erectile dysfunction and urinary incontinence are common residual symptoms of prostate cancer. If prostate cancer is no longer active, VA will likely reduce the disability rating for that condition and assign new ratings based on the severity of the veterans erectile dysfunction and urinary incontinence if present.

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What Is Prostate Cancer

Cancer occurs when cells in the body grow out of control. Prostate cancer occurs when the cells grow out of control in the prostate gland specifically. The prostate gland is below the bladder and behind the seminal vesicles, which make most of the fluid for semen. The prostate also makes some of the fluid that is part of semen.

Nearly all forms of prostate cancer are adenocarcinomas. Adenocarcinomas can develop from gland cells. There are multiple types of other cancers which may start in the prostate, however, including: small cell carcinomas, neuroendocrine tumors, transitional cell carcinomas, and sarcomas. Often, prostate cancer grows slowly, but some forms may grow quickly and spread.

Adjusting To The Work Environment

VA Disability for Agent Orange Prostate Cancer

Other workers might know about your cancer, support you, and be happy when you come back. Or they might not know or understand. Respond to any comments and concerns in a simple, positive way. For example, you can say, âIâll be going to treatment on Fridays, but Iâm working with our supervisor to make sure my work is taken care of.â Or, âI had treatment for a tumor, but Iâm okay now.â

If your coworkers give you too much attention or sympathy, you might feel uncomfortable. It is okay to tell them you would rather not answer questions or have a lot of attention right now.

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What Are The Current Presumptives

Below are the categories of veterans who have presumptives established.

Recent Separatees

If a veteran is diagnosed with chronic diseases, such as arthritis, diabetes, or hypertension, within one year of their release from active duty, the VA will presume that the conditon originated during military service.

Vietnam Veterans and Agent Orange

If a Vietnam Veteran has any of the following conditions, the VA will presume that the condition was caused by exposure to Agent Orange.

  • Hodgkins Disease
  • Pellagra and any other nutritional deficiency
  • Peripheral Neuropathy, except where directly related to infectious causes

More information can be found at the VAs American Former Prisoners of War Website. In addition, the White River Junction VA Medical Center has a Former Prisoner of War Coordinator.

  • White River Junction Former Prisoner of War Coordinator 687-8387, extension 5362

Atomic Veterans

Veterans exposed to radiation from atomic weapons, fallout, and nuclear reactors also have presumptive conditions. There are 21 different types of cancers related to exposure to radiation. We recommend any veteran who was exposed to radiation and later develops cancer to apply for Disability Compensation. For more information, visit the visit the VAs Office of Public Health and Environmental Hazards Website.

Gulf War Illness

  • Chronic Fatigue Syndrome

Evolving Legal Definition Of Disability

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.

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Legal Rights Of Disability And Fmla

Under the ADA, cancer qualifies on a case-by-case basis. The act protects individuals from losing their jobs due to disability and sets guidelines for employers regarding required accommodations. The U.S. EEOC, which enforces the ADA, offers the following example of a woman with breast cancer who would qualify for job protection under the act.

“Following a lumpectomy and radiation for aggressive breast cancer, a computer sales representative experienced extreme nausea and constant fatigue for six months. She continued to work during her treatment, although she frequently had to come in later in the morning, work later in the evening to make up the time, and take breaks when she experienced nausea and vomiting. She was too exhausted when she came home to cook, shop or do household chores and had to rely almost exclusively on her husband and children to do these tasks. This individual’s cancer is a disability because it substantially limits her ability to care for herself.”

Disability And Insurance If You Stop Working

100 Percent VA Ratings: What It Means To Be a 100% Disabled Veteran

Leaving a job often means leaving reliable income and possibly health insurance. You can get health insurance through federal programs like COBRA and the Patient Protection and Affordable Care Act marketplaces. COBRA extends your employerâs health insurance for a short time, usually 18 months and not more than 36 months. However, this can be expensive and you will have to pay out of pocket. You can sign up for ACA insurance if you have a life change or qualify for Medicaid. Check with your health care team to make sure changing insurances will not affect your treatment.

Disability insurance might also help. If you bought this type of insurance before you had cancer, you can receive income for a long time or for life. There is usually a waiting period of 1 to 6 months before you get benefits. And you likely cannot buy disability insurance after you have cancer.

You might qualify for federal Social Security programs like Supplemental Security Income or Social Security Disability Insurance benefits. SSI provides financial support for some blind or disabled adults and children. The SSDI program, or Social Security Disability, is:

  • Available to adults with limited income and a medical condition that keeps you from working for at least 1 year.

  • Available after at least 5 months of living with the disability.

  • Available as long as you cannot work.

You might have to pay taxes on your SSD income if you earn more than a certain amount each year.

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Can I Get Long

When you apply for long term disability , you need to prove that you are disabled and no longer able to perform meaningful work. Unfortunately, long term disability carriers do not make it easy for disabled claimants to receive the benefits that they deserve, and not all long-term disability claims for cancer are approved.

Suppose youre a cancer patient, and youd like to claim LTD. In that case, you must prove that the cancer youre suffering from prevents you from performing the material duties of your own job or any other job. A cancer diagnosis alone is not sufficient medical evidence.

You must prove that your medical condition meets the specific terms of your short-term disability or long-term disability policy. In order to prove your disability you may be required to produce objective medical evidence which supports your claim that your symptoms and limitations leave you unable to work or otherwise earn an income.

Does Metastatic Cancer Automatically Qualify For Disability Benefits

If an individual’s carcinoma has spread beyond the regional lymph nodes, the individual will most likely be approved for disability benefits based on meeting one of Social Security’s neoplastic disease listings. But for most forms of cancer, in cases where an individual has had a malignant tumor that spread only to a regional lymph node that has been completely removed, Social Security disability examiners will evaluate their residual functional capacity, work history, and education when making a disability determination.

When Social Security decides whether to grant disability benefits under a “medical-vocational allowance,” a disability examiner or a disability judge decides whether or not a claimant can engage in work activity while earning a substantial and gainful income. This includes any work activity performed in jobs that the applicant has performed in the past as well as other types of jobs that the Social Security Administration believes the applicant would be capable of performing based on his or her limitations and functional capacities. In addition to physical limitations brought on my cancer or cancer treatment, the SSA will consider any long-term side effects of cancer treatment, such as cognitive issues including memory disorders and slowed thought processes. The SSA also consider the applicant’s education, age, and work skills through its series of medical-vocational grid rules.

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