(continued
from But
Are You Legally Disabled? Page 1)
Can
you work?
- You
may not be able to continue working at your present job,
- but
you might be able to continue working in some capacity.
- If
that's the case you probably will not be considered disabled by
the definition of the Social Security Administration.
While
SSA does consider certain cases of breast cancer disabling, your situation
will not necessarily qualify as a disability under this definition.
Eligibility
Social Security law defines a disability very precisely. To be
eligible for benefits, a person must be unable to do any "substantial
gainful work" because of a medical condition.
- The
condition must be reasonably expected to either last for at least
12 months or to end in death.
- An
impairment must be so severe that you cannot do any other work.
- Your
age, education, and work experience are taken into account,
- if
there is any possibility that you might be able to be gainfully
employed in some capacity, you will not qualify for benefits.
If the
medical documentation that you submit indicates that you can do other
work, even if it involves different skills or pays less, you will
not be considered disabled for Social Security purposes.
Evaluation
Whether you meet this definition of disability is decided by a two-person
team. The team consists of a doctor and a disability evaluation specialist.
The facts in the case, including medical evidence from your doctors,
hospitals, clinics, or other institutions where you received treatment
are reviewed.
The
team judges eligibility based on a "sequential evaluation process."
This means that they review - in sequence -
- your
work activity,
- the
severity of the breast cancer related impairments,
- your
"residual functional capacity,"
- past
work history,
- your
age,
- education,
- work
experience.
The
team will consider specific evaluation criteria for breast cancer,
which are listed in Section 13.09.
The Listing
is included in "Disability Evaluation Under Social Security" also
known as "The Blue Book," (Publication Number 64-039). This publication
was produced to assist doctors and other health professionals in completing
the documentation required.
- The
205-page book is available free of charge.
- You
can get one by faxing a request to the Social Security Administration
at (410) 965-0696.
- For
information directly from the Social Security Administration, call
toll-free at (800) 772-1213
- Visit
the SSA home page at http://www.ssa.gov
Appeal
- If
you meet the income criteria and are turned down by the evaluation
team you can appeal this decision.
- You
are entitled to copy both the medical and non-medical records on
file in the Social Security Office.
- They
may charge a fee for the use of the copy machine and the records
are not allowed to be removed from the office.
If you
are turned down, you may want to consult with a disability attorney.
Many lawyers do not charge a fee for an initial consultation. Your
appeal will probably be more successful if you have a professional
who is familiar with the Social Security law handle it. The fees of
lawyers specializing in appealing SSI cases are determined by the
Social Security Administration. The usual fee is not extremely expensive.
(back
to But
Are You Legally Disabled? Page 1)
