top of page

Listing of Impairments – Who Qualifies for Disability Benefits Based on Breast Cancer?

tower law group breast cancer awareness month

As attorneys, we often meet clients facing life-changing diagnoses like breast cancer. For many of these people, continuing to work becomes impossible as they focus on their treatment and recovery. The good news is that the Agency provides disability benefits for those who can no longer work due to serious medical conditions, including breast cancer.


But how does the Agency decide who qualifies for these benefits? They rely on a guide known as the "Listing of Impairments," or simply the "Listings." These Listings outline specific medical conditions and criteria that must be met to qualify for disability benefits. For attorneys representing clients with breast cancer, understanding these criteria is crucial.


In this blog, we'll walk through how breast cancer can meet the Listings' criteria, the key points to keep in mind, and how we can help our clients secure the support they need while they focus on their health.

 

What is the Listing of Impairments and Why Does It Matter?


The "Listing of Impairments" is essentially the Agency’s medical rulebook for determining disability. It outlines a wide range of medical conditions, detailing specific symptoms, severity levels, and impacts on functionality that automatically qualify someone for disability benefits. In short, if your client’s condition meets one of the Listings, they can be considered "disabled" without needing to prove they can't work at all.


For breast cancer patients, this guide is particularly important. Cancer treatments can be intense, with long recovery times, physical limitations, and complications that may persist even after treatment. By understanding whether your client’s condition fits the Listing requirements, you can streamline the process of obtaining benefits for them.


The Listings are designed to provide clarity, but as we know, things aren’t always that simple. Not all breast cancer cases are alike, so determining eligibility requires a close look at the specific medical details, which brings us to the next point: the key criteria for qualifying.

 

Key Criteria for Breast Cancer to Qualify as a Disability


Breast cancer can qualify as a disabling condition under several circumstances, and the Agency has specific medical benchmarks for determining when the disease meets its Listings. Here are the key criteria attorneys should be aware of:


  1. Locally Advanced Breast Cancer


    One of the more straightforward categories under the Listings is locally advanced breast cancer. This means the cancer has spread to areas beyond the breast itself, such as the chest wall, the skin, or nearby lymph nodes. This also includes inflammatory breast cancer, a rare but aggressive form of the disease.


In these cases, because the cancer has affected areas outside the breast, it automatically meets the Listing’s requirements. For attorneys, this type of diagnosis can be supported by medical records showing the extent of the cancer’s spread.


  1. Metastatic Breast Cancer


    Metastatic cancer, which means the cancer has spread to distant areas of the body, qualifies as well. If breast cancer has reached organs like the lungs, liver, bones, or even the brain, or if it has moved to lymph nodes above or below the collarbone, the patient can qualify for disability benefits.


This is a critical point to review with your clients. If the breast cancer has spread significantly, the Listings will almost always cover them, making it easier to secure benefits. Make sure your client’s medical documentation clearly indicates the metastatic nature of the disease.


  1. Recurrent Breast Cancer


    When breast cancer returns after a period of remission, it can also meet the Listing’s criteria. Whether it recurs in the same breast or another area, recurrent cancer is a strong factor for disability eligibility.


Recurrent cases may be trickier because they often involve reviewing the client's full treatment history. However, if the cancer comes back after previous treatments, it's vital to make sure the records reflect this to meet the Listing criteria.


  1. Secondary Lymphedema


    Lymphedema is swelling caused by a blockage in the lymphatic system, often occurring after breast cancer treatment like surgery or radiation. In some cases, this swelling can be so severe that it limits the use of the arm and requires surgery. If this is the case, your client may also qualify under the Listings.


It's essential to demonstrate that the lymphedema significantly impacts daily functioning, especially the arm, and is not just a temporary or mild condition. Ensure that this is well-documented to support your client’s case.

 

Legal Considerations and Challenges for Attorneys


While the Listings offer clear guidelines, getting disability benefits for breast cancer patients is not always a slam dunk. There are a few legal hurdles you may need to navigate to ensure your client’s claim is approved.


  • Medical Documentation

    The key to any disability claim is the medical evidence. You’ll need thorough, well-organized medical records that align with the criteria in the Listings. This includes clear documentation of the diagnosis, the stage of the cancer, the areas affected (for metastasis), and the impact on daily life (especially in the case of lymphedema).


  • Proving Severity

    In some cases, the Agency may argue that a patient’s condition isn’t severe enough to qualify. This is where having detailed medical notes about how the cancer or treatment affects your client’s ability to work becomes vital. Expert medical testimony can also help build a stronger case, especially when there's doubt about whether the condition meets the Listing requirements.


  • Challenging Denials

    If the Agency denies your client’s initial claim, all is not lost. Many attorneys find success through the appeals process, especially when additional medical evidence or expert opinions are submitted. This is an area where thorough preparation and attention to detail can really pay off.

 

The Process of Applying for Disability Benefits for Breast Cancer Patients


Helping a client apply for disability benefits may seem straightforward, but there are several things to keep in mind during the process.


  1. Filing the Initial Application

    The first step is to ensure that your client’s application is complete, with all required medical documentation attached. Be sure the evidence aligns with the Listings and clearly demonstrates the condition’s severity.


  2. Follow-Up

    Stay on top of any requests for additional information or clarification from the Agency. Sometimes they need more documentation to confirm that your client meets the criteria, and a quick response can help move things along.


  3. Appeals

    If the claim is denied, don’t hesitate to appeal. Many denials are overturned upon appeal, particularly if the documentation is strengthened or new evidence is presented.


Attorneys play a crucial role in making sure the application and appeals processes run smoothly, ensuring that clients can focus on their health without unnecessary delays.

 

Supporting Breast Cancer Patients Through the Process


Navigating the disability benefits process for breast cancer patients can be challenging, but it’s an important way to support those who need it most. As attorneys, we have the opportunity to help our clients by understanding the Listing of Impairments, gathering the right evidence, and advocating for their rights when roadblocks arise.


If your client’s breast cancer falls under the Listings, don’t hesitate to explore their eligibility for disability benefits. It could make a significant difference in their ability to focus on recovery without the stress of financial hardship. Let's be proactive in helping breast cancer patients secure the benefits they deserve.


If you have questions or need assistance with your Social Security claim, don't hesitate to reach out. Contact our office to schedule a consultation and take the first step toward securing your financial future.

4 views0 comments

Comments


bottom of page