Criteria for losing disability benefits for cancer
Unfortunately many individuals who are awarded disability benefits based on cancer lose their benefits as a result of medical improvement. The Social Security Disability handbook "Disability Evaluation Under Social Security" (the blue book) addresses this situation under impairment listing 13.00 Neoplastic Diseases, malignant, Part C Evaluation and Part D Effects of Therapy.
The disability handbook states that improvement has occurred when the original tumor and any metastatic disease appears to have disappeared and has not been evident for three or more years. At this point, the impairment does not meet the listing criteria for neoplastic impairment. Part D goes on to state that any significant post-treatment residual effects, not specifically addressed in the neoplastic impairment listing, must be evaluated by the impairment listing that addresses the affected body system.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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