Facts about Breast Cancer and Filing for Disability
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.
Facts about the condition
1) Although breast cancer can affect both sexes, it is nearly 100 times more common in women than men.
2) Breast cancer most commonly starts within the lining of the milk-producing ducts, called invasive ductal carcinoma.
3) It has been reported that nearly eighty percent of breast cancer cases are found due to a lump showing up in the breast. A lump in the armpit may also be a sign of breast cancer and other lesser known symptoms may be bloody discharge from the nipple, inverted nipple and changes to the breast such as size, shape or feel.
4) Due to breast cancer, sometimes there is a skin condition called peau d'orange, which is characterized by the skin of the breast taking on a texture resembling that of an orange peel with redness and pitting of the skin.
5) Breast cancer is the second most common cancer in the United States, coming in right under skin cancer, and the second most common cancer in the world, following the most common cancer: lung cancer.
6) There are a wide variety of types and classifications of breast cancer. There are four different ways to determine the type of breast cancer: grade of tumor, protein and gene expression, pathology, and the stage of the tumor.
7) There are quite a few conditions that can increase the risk of breast cancer, including being female, having a family history of breast cancer, aging, drinking alcohol, having your first child after the age of 35, radiation exposure, obesity, and postmenopausal hormone therapy.
8) There are options for women who have a very high risk of breast cancer. They can choose to either try out preventative medications that can help reduce the risk of breast cancer, such as raloxifene or tamoxifen, or they may choose to have their breasts removed surgically so they are not at risk.
Qualifying for disability benefits with this condition
Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records.
This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.
In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.
The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels?
There are several reasons but here are just two:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.
Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.
2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.
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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