Legal
Disability
You and your employer both agree that your disease interferes with
your ability to do your work.
You may
even find it hard to function in areas of your life that are not work
related.
...But
are you legally disabled?
You might
be surprised by how many people who apply for disability benefits
in the United States find out that their disability does not qualify
for SSI.
Breast
cancer may not be disabling
Many survivors continue to work and lead relatively normal lives during
treatments. However, there are survivors whose breast cancer has reached
a stage where the treatments, side effects, or the metastases do interfere
with normal functioning.
At that
point, many survivors apply to the Social Security Administration
for Supplemental
Security Income (SSI). You should apply as soon as you and your
doctor agree that you are disabled.
What
is SSI
The Supplemental Security Income (SSI) program provides income for
needy people who are
- age
65 or older,
- blind,
- or
disabled.
Your
income and resources, such as savings, home equity and any other sources
of income are considered when deciding eligibility for SSI. You will
only be eligible for SSI payments if your income and resources are
below the set levels.
If you
do not qualify for SSI payments because of income or resources, there
is no reason to evaluate the extent of your disability, you are simply
not eligible.
If your
income and resources do fit into the criteria, you still have to be
evaluated to make sure that you meet the definition of disabled according
to the law.
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.
While
SSA does consider breast cancer, your situation does not necessarily
qualify as a disability under this definition.
How
does the Social Security Administration determine if you qualify...