Contact Me To Find Out If You Or A Loved One Qualifies
I take the time to answer pertinent questions and inform my clients on the disability claims process, so they can understand their options and become confident decision-makers regarding their legal needs. Email or call my office today for a free consultation regarding your Social Security Disability or Supplemental Security Income disability claim.
Convenient Locations In Tualatin And Clackamas
Federal Precedent For Extended Coverage
The National Breast Cancer Coalition urges Congress to enact legislation to amend the Social Security Act to eliminate waiting periods for disability insurance benefits and Medicare coverage for eligible individuals with metastatic breast cancer.
In 2001, Congress passed a bill to add Amyotrophic Lateral Sclerosis as a qualifying condition for automatic Medicare coverage and, in 2020, waived the five-month waiting period for SSDI for individuals with ALS, thus creating a federal precedent. Based on the limited life expectancy of individuals with metastatic disease, an average of 3 years, NBCC believes that both automatic SSDI and Medicare coverage should also apply to metastatic breast cancer patients who qualify.
Disabilities Related To Cancer Treatment
Even if a patients cancer treatment is successful, they can be left with serious impairments. For example, heart, lung, liver, and bone problems have been linked to chemotherapy, while cognitive dysfunction and bone weakness can be long-term effects of radiation.
If you develop a disabling condition as the result of successful cancer treatment, your disability will be evaluated without considering the cancer diagnosis. The Blue Book criteria for your specific condition can offer insight as to whether your long-term side effects of cancer treatment are severe enough to qualify for SSDI benefits.
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Social Security Disability Benefits For Breast Cancer
Far too many of the over 200,000 people diagnosed with breast cancer each year are eventually unable to maintain gainful employment due to the condition and/or treatment. This blog shares expert information on the Social Security Disability benefits available to ease the financial burden of those with breast cancer unable to work.
A diminished ability to work has predictable and negative results. Bills pile up, some of them medical, and without a steady income there is no way to pay them. However, if you have been diagnosed with breast cancer and are expected to be out of work for at least 12 months, you may be eligible for Social Security Disability benefits.
The Social Security Administration will consider you disabled and eligible for benefits if your condition:
- Is anticipated to last at least a year or end in death
- Prevents you from doing any work that you are trained and qualified for and
- Makes it unreasonably difficult for you to master a new occupation.
What Benefits Are Available?
The SSA has two different benefit programs available to support people with disabilities and serious health conditions. Each offers financial help to a different group of people.
Medical Eligibility with Breast Cancer
Sarcoma of the breast requires one of the following criteria to be met for eligibility:
- Ongoing and soft tissue sarcoma that keeps coming back after treatment or
- Soft tissue sarcoma with local or distant metastases.
Compassionate Allowances Program
I Have Breast Cancer Why Was I Denied Social Security Disability Benefits
If you have been diagnosed with breast cancer, you may be surprised to learn that you dont automatically qualify for Social Security Disability Insurance or Supplemental Security Income benefits. The Social Security Administration requires that all applicants for SSDI and SSI meet the following criteria:
- An applicant must earn no more than $1,040 per month from work.
- The applicant must have a severe medical condition that interferes with basic work activity.
- The disabling condition must be expected to last at least 12 months, or result in death.
When breast cancer is detected early, aggressive treatment can lead to the remission of the disease within a relatively short period of time. Many women with breast cancer do not qualify for SSDI or SSI because their condition is not expected to last more than a few months. The SSA is likely to reject any benefit claims for Stages 0, I, and II breast cancer.
The SSA does recognize that breast cancer can be a severe impairment breast cancer is included in the Social Security Administrations Listing of Impairments. In order for an applicant to receive SSDI or SSI for breast cancer, the cancer must meet at least one of the following criteria:
Patients with stage IV breast cancer may automatically qualify for disability benefits under the Social Security Administrations Compassionate Allowance Program.
For a free evaluation with a compassionate Omaha Social Security disability lawyer, contact Cuddigan Law today at 402-933-5405.
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Does My Age Matter When Applying For Social Security Disability Benefits
It can. Social Security looks at many factors affecting whether you can work, including your age.
When youre younger and you experience a health problem that sidelines you from your current job, Social Security might decide that you still have the time and ability to adapt to a different, less strenuous job. So you cant get disability benefits.
When youre over 50, Social Security is more likely to conclude you cant work at all because you cant continue in your most recent job or be able to retrain and switch to a different one.
To make sure Social Security clearly understands your situation, work with an experienced disability lawyer.
Portland Mental Illness Disability Attorney
There are numerous qualifying mental conditions for Oregon disability benefits, including:
- Post-traumatic stress disorder
- Autistic disorder
- Pervasive developmental disorder
If you are unable to work due to a mental disorder, I encourage you to consider applying for Social Security Disability or SSI. Many disorders can make it challenging to complete paperwork or follow-up on timelines. A knowledgeable attorney can review your paperwork and alert you when deadlines are approaching. Contact my office to schedule a free consultation.
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The Ssi Programs Oregon Disability Benefits: How To Apply Qualify & Average Payment Amounts
If you cant meet all the SSDI programs requirements, then you may be eligible for SSI instead. This federal financial assistance programs designed to help only the poorest blind or disabled working-age Americans. It also provides monthly benefits to Americans who are at least 65 years old based on age alone. If the SSI program approves you for Oregon disability benefits, those come from the federal governments general tax fund. So, you wont take any taxpayer money out of the Social Security trust fund. That said, the SSI program does screen each applicant for financial as well as medical eligibility. Learn more about the SSI programs rules and payment amounts for eligible Oregon disability claimants below.
What Diagnosis Automatically Qualifies You For Disability
A mere diagnosis will get you an automatic disability approval for only a few conditions, however, like ALS, an organ transplant, or certain serious cancers , such as esophageal cancer, mucosal melanoma, anaplastic carcinoma of the thyroid gland, or small-cell carcinoma (of the prostate, ovaries, breast, lungs, pleura,
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Information You Need To Apply
Before applying, be ready to provide information about yourself, your medical condition, and your work. We recommend you print and review the . It will help you gather the information you need to complete the application.
Information About You
- Your date and place of birth and Social Security number.
- The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death .
- Names and dates of birth of children not yet 18 years of age.
- Your bank or other and the account number.
Information About Your Medical Condition
- Name, address, and phone number of someone we can contact who knows about your medical conditions and can help with your application.
- Detailed information about your medical illnesses, injuries, or conditions:
- Names, addresses, phone numbers, patient ID numbers, and dates of treatment for all doctors, hospitals, and clinics.
- Names of medicines you are taking and who prescribed them.
- Names and dates of medical tests you have had and who ordered them.
Information About Your Work:
- Award letters, pay stubs, settlement agreements, or other .
We accept photocopies of W-2 forms, self-employment tax returns, or medical documents, but we must see the original of most other documents, such as your birth certificate.
Do not delay applying for benefits because you do not have all the documents. We will help you get them.
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Drew L. Johnson, P.C. Attorneys at Law offers experienced attorney services for Social Security Disability Insurance , Supplemental Security Income , denied disability claims, qualifying mental disorders, qualifying physical disorders, and benefits for children and dependents.
Drew L. Johnson, P.C. Attorneys at Law serves individuals and families in Eugene, Springfield, Albany, and throughout Lane County and Oregon.
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Social Security Disability Insurance
Social Security Disability Insurance, commonly referred to as SSDI, pays monthly benefits to disabled individuals and certain members of their family if the disabled individual is insured, meaning he or she worked long enough and paid Social Security taxes during that time. SSDI benefits are based on work credits, or contributions to the Social Security trust fund, and, in general, disabled individuals over the age of 30 must have earned at least 20 work credits in the ten years leading up to the disability, in order to be eligible for Social Security Disability Insurance. The older you are, the more work credits you need to qualify for SSDI benefits.
Things To Know About Total And Permanent Disability
Home / 9 Things To Know About Total And Permanent Disability
Its not uncommon for veterans to come back from duty with battle scars, wounds, and serious trauma. This can be a struggle to get through and leave veterans unsure of how to get back to civilian life and make money again.
Were you a veteran, and are trying to get back on your feet but arent sure how?
Here is everything you need to know about total and permanent disability, and what it can do for you.
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Oregon Medicaid And Supplemental Income Program
Once you qualify for SSI in Oregon, you automatically qualify for Medicaid, though you do have to file a separate application.
In addition, if you are receiving SSI and fit into one of several “special needs” categories, you may be eligible for additional state payments. These payments fall under a Medicaid program called OSIPM . These payments can assist you with things like limited home repairs to remove a physical hazard and costs of transportation to medical appointments. Individuals who receive SSI are automatically qualified for OSIPM. Oregon’s Department of Seniors and People with Disabilities administers the OSIPM program and is the agency that approves payments for these special needs.
However, Oregon no longer adds a state “supplementary payment” onto the federal monthly SSI. Therefore the amount SSI recipients receive in Oregon is the SSI rate of $771 . If you have questions about applying for SSI in Oregon or about supplemental payments, you can contact the Seniors and People with Disabilities Division of DHS at:
DHS500 Summer St. NE, E02Salem 97301-1073
Who Is Eligible For Social Security
The following people are eligible to receive social security benefits:
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What Evidence Will You Need
In order to make a claim for total and permanent disability, you will need a medical document stating your case. Your doctor will be responsible for writing your disability rating, as well as their opinion on whether or not the disability can be qualified as permanent.
However, if your disability is obvious, ie loss of limbs or limited mobility, you may be granted total and permanent disability without a medical opinion.
How To Qualify For Ssdi In Oregon
The criteria for an applicant to receive SSDI in Oregon are the same as the rest of the country, though initial approval is done at the state level. You must have a Social Security number and been a worker long enough to have paid into the system. The program primarily assists those who are unable to work due to a disability. If you have a job, you can still qualify for benefits, but you cant be earning over $1,310 a month.
Your disability must be severe enough to impact your ability to work and must be listed in the SSA Blue Book. The disabilities on this list have all been predetermined and classified as severe conditions that limit the ability to perform work for at least 12 months. These conditions can be an intellectual disability, a physical disability like cerebral palsy or blindness, or developmental disabilities.
Meeting the above criteria is just a starting point. You will need to have your application reviewed by DDS. Not everyone who applies will receive SSDI benefits. Some factors such as receiving workers’ compensation can affect your eligibility. Regardless, you should always apply even if you think you may be denied. There are ways to appeal if you disagree with a decision.
If you are currently working, you have the right to reasonable accommodation by your employer if you have a disability. Additionally, workers with disabilities are protected from discrimination under Oregon law.
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Disability Hearings In Oregon
If you disagree with the reconsideration decision, you can request a hearing before an administrative law judge . The Office of Hearings Operations is in charge of disability appeals at the ALJ hearing level. For more information about hearings, see our articles on ALJ hearings.
Oregon is in OHO Region 10, which is based in Seattle. Region 10 does have two offices in Oregon, in Portland and Eugene. If you filed your disability claim in Oregon at the Pendleton field office, however, and are at the ALJ hearing level of appeals, your hearing will most likely be held at the Spokane, Washington hearing office.
At the two OHO offices located in Oregon, the average length of time a person filing a hearing request will have to wait for a hearing is 15 months. There are many different ALJs who work in the Oregon OHO offices, and each one has different approval and denial records. On average, however, ALJs in Oregon approve around 49% of disability cases.
Reasons Disability Benefits For Cancers May Be Denied
Applications for benefits related to conditions in the CAL program are handled in an expedited manner, but it can be misleading to think that they are literally automatically approved. There are certain conditions which must be met. If the SSA finds that those requirements have not been satisfied, you could be denied disability benefits, even if you have a form of cancer on the list of those approved for automatic approval.
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How Do You Show Social Security That You Qualify For Ssd
Providing strong medical evidence is the core of every Social Security Disability claim.
Social Security has thousands of rules in place for who gets benefits, many of them meant to ensure people truly meet the disability qualifications.
That makes the process tougher. You have to prove you cant work using records and documents, such as the following:
- Reports from doctors
- Explanations of your job duties
- Statements from family, friends, co-workers, neighbors or clergy
If this seems like a lot, thats because it is.
But helping you with all the legwork is why the disability attorneys at Harder, Wells, Baron & Manning are here.
You can go easier on yourself in a difficult time by getting help.
Lets get you the support you need to support yourself and your family.
The Ssdi Programs Oregon Disability Benefits: How To Apply Qualify & Average Payment Amounts
SSDI is a federal disability insurance program that covers American workers aged 18-64. Generally, you must work 10 years full-time in jobs that deduct FICA taxes from your paychecks before applying for SSDI. Thats how long it takes to earn 40 Social Security work credits, which never expire. Congress created this program to help working-age Americans tap into their Social Security money before reaching full retirement age . Since it went into effect in January 1956, SSDI has helped millions of Americans who become too disabled to work. Below, we answer the most frequently asked questions about getting Oregon disability benefits from the federal SSDI program.
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What Is The Difference Between Social Security Disability Insurance And Supplemental Security Income
These are two different disability programs run by Social Security. They both provide financial assistance when you cant work because of serious health problems. But the eligibility rules are different for each one when it comes to your work history, income and financial resources.
SSDI covers you if youve worked a substantial amount recently and paid enough into the Social Security system, but you cant work now. The monthly checks you receive under SSDI are based on a formula including your recent income and can be larger than what you get from SSI.
SSI can cover you if you have not worked and paid a substantial amount into Social Security in several years. To be eligible for SSI, your income, savings and property must fall below certain levels. The monthly payment is a national amountthe same for everyoneset by Social Security.