Pathology and staging
The original reports, in full. Where a diagnosis can carry a claim on its own, this is the document that does it.
Social Security Disability
Disability Benefits for Cancer Patients
Some of these claims are decided quickly on the diagnosis alone. Others turn on what treatment has left behind, and those are the hard ones.
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Two very different kinds of cancer claim.
Cancer is unlike every other condition on this site, because Social Security treats some diagnoses as sufficient on their own. Where the type, stage or spread of a cancer meets the criteria, a claim can be allowed on the medical evidence without any argument about what work you could do, and there are processes intended to move the most serious cases quickly.
The other kind of claim is the difficult one. The cancer was treated, the treatment worked to some degree, and what remains is fatigue that does not lift, neuropathy in the hands and feet, cognitive difficulty, lymphoedema, or the effects of surgery that removed something you needed. None of that appears on a scan as cancer, and all of it can make work impossible.
The second kind is where representation earns its place, because the evidence has to describe the aftermath rather than the disease.
What this page covers
Claims during active treatment, claims after treatment where the effects persist, recurrence, and claims where the cancer is being managed rather than cured.
- Some diagnoses qualify On the medical evidence, without a work analysis.
- Others turn on duration Whether it lasts, or is expected to last, 12 months.
- Treatment effects count Fatigue, neuropathy and cognitive change are part of it.
- Recurrence restarts it A claim can be made again, and the history helps.
The twelve month problem, and how cancer claims meet it
Social Security requires that a condition has lasted, or is expected to last, at least twelve months. For a cancer treated successfully in six, that is the obstacle, and it is the reason a good many cancer claims are refused despite nobody doubting the diagnosis.
What answers it
Evidence about the whole arc rather than the treatment window. Oncology opinion on the expected course. The recovery period after surgery, chemotherapy or radiation, which is frequently longer than the treatment itself. Ongoing maintenance therapy. And the persistent effects, documented as continuing rather than resolving.
Where claims are lost
When the file closes at the end of active treatment and nothing records what happened afterwards. Somebody who finished chemotherapy in March and was still unable to work in November needs November in the record, and it is often not there because the oncology appointments have stopped.
The evidence that decides these claims
Different from every other condition on this site.
The treatment record
What was given, over what period, and what it did. Including treatment stopped early because it could not be tolerated.
What has not recovered
Fatigue, neuropathy, memory and concentration, lymphoedema. Recorded at intervals after treatment ended, not only during it.
The oncologist on prognosis
An opinion on the expected course carries real weight, and it is rarely in the notes unless somebody asks for it.
Questions
Cancer disability questions
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
I am in remission. Can I still claim?
Yes, where the effects of the disease or its treatment continue to prevent work. Remission means the cancer is controlled; it does not mean the person is able to hold down a job. Claims in this position are often refused first time and often allowed on appeal, because the evidence about the aftermath was never gathered.
My treatment finished in a few months.
Then the duration requirement is the question, and the answer usually lies in the recovery period rather than the treatment period. How long you were genuinely unable to work, from diagnosis through to the point of being able to sustain employment, is what matters, and it is often well over a year.
I am still working through treatment.
That does not necessarily end a claim, though earnings above a monthly level are treated as substantial gainful activity and will generally defeat one. Reduced hours, a lighter role, or an employer accommodating you is worth discussing before you assume either way.
How quickly can a decision come?
Faster than most conditions, where the diagnosis is one that qualifies for expedited handling. We will tell you at the outset whether yours is likely to be in that group.
The cancer has come back.
A recurrence supports a new claim, and the earlier history is useful evidence rather than a complication. If a previous claim was refused, tell us the date, because it can affect how the new one is best presented.
What we charge
Our fees are set by federal statute, are contingency only, and are the lesser of 25% not to exceed the statutory maximum of $9,200.
There is nothing to pay up front and nothing to pay if the claim does not succeed. The fee comes out of past-due benefits when they are awarded, and it has to be approved.
If your condition is not one of these
The conditions we have written about are the ones we are asked about most often. They are not the only ones that qualify, and the list is not a test you have to appear on.
A disability claim is decided on what your conditions do to your ability to work, not on the name of the diagnosis. Several problems that are each manageable on their own can add up to something that is not, and that combination is frequently the strongest part of a claim.
If what you have is not on this site, that tells you nothing about your claim. Tell us what you have been diagnosed with and what it stops you doing, and we will tell you honestly whether it is worth pursuing.
Other Social Security Disability pages
The rest of this practice area, in case your situation fits one of them better.
All Social Security Disability
SSDI denials, appeals and hearings.
Initial Applications
We prepare and file the whole claim. Most clients start here.
SSDI vs SSI
Two different programs, two different sets of rules.
Disability Appeals
What to do when the claim comes back denied.
Disability Hearings
The hearing in front of the judge, and how we prepare you for it.
SSI Children's Cases
Benefits for a child whose disability affects how they function.
SSD Widow's Benefits
Drawing on a late spouse's record, from 60, or from 50 if disabled.
Back Injuries & Spine Conditions
Qualifying with a spine condition, where function decides it.
Neck Injuries & Conditions
Cervical claims turn on the hands and arms, not the back.
COPD & Respiratory Conditions
Breathing test values, and the day the test was taken.
Depression & Anxiety Disorders
Assessed on functioning across a working week, not on a diagnosis.
PTSD
Reactivity and avoidance, and why the workplace itself is the barrier.
Multiple Sclerosis
A fluctuating illness, assessed on a single day. Closing that gap.
Heart Disease
Measured exertion, and the difference between stable and employable.
Stroke
What is left when recovery stops, and when to make the claim.
Bipolar Disorder
The cycle decides it. Well periods are read as capacity.
Arthritis
Which joints. Ones you stand on and ones you work with.
Amputations
The prosthesis, not the amputation, is what gets argued about.
The three areas we handle
One incident can open more than one claim, and they are handled together here.
Client Reviews
What our clients say
We cannot thank Casper and Casper enough for sticking with us through 4 years of back and forth to help our son (who has autism) receive his SSI benefits. From beginning to end we were treated with kindness. They were very thorough and made sure we understood the process and what we would face along the way. The relief we have received is immense.
joanna powers
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Casper x3 were a lifesaver. I chose them because they practice in our region and understand what exactly I needed. I did not want someone from out of town. Their team from top to bottom helped me in my SSDI case. I tried it first on my own and was denied. Having decades of SSDI and court experience, Robin Partin helped me from step to step to go thru the process and had my back 100% in the hearing.
Daniel Ethridge
Google Review
Steve Casper was VERY professional. Very compassionate. He explained things in an easy to understand way. He took my case after a previous firm dropped me in a very hurtful unprofessional way. He got my disabilty case approved from the very beginning. Steve is worth EVERY penny. I now will have my monthly payments to survive with my conditions and back pay to boot.
Jen Jen
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Steve Casper and Ben were amazing! They literally did all the work for me and I only had to fill out a few forms. I won my case and absolutely could not have done this without them! They are very professional and kind. I was very nervous about this whole process but their words of encouragement helped me a lot!
dragonmastergirl
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I highly recommend for anyone dealing with the disability process to contact Casper, Casper & Casper. Steve Casper along with Ben Hite were VERY helpful in the entire process. If I a had any questions or concerns; they had the answers and reassured me everything would be okay. They worked diligently on my case for months and I was FINALLY approved. This team of attorneys WILL help fight for you as they have for me.
Kimberly Moore
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I had been denied two times for social security after life changing damages to my back, ankle and knee, had paid into social security all my life and I'm 60 years old now. Steven Casper was compassionate and thorough and walked me through the process without any money to pay him he was able to get my social security approved and every dime of back pay for those two years I had waited and has assured me that if anything comes up he's there for me.
Maggie Still
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