It’s difficult to deal with a cancer diagnosis not only physically, but also emotionally and mentally. If you have cancer and are unable to work, you can apply for disability benefits. Sometimes these claims are denied, leaving you unsure about your legal rights. This blog will cover common reasons for disability claims denial for cancer and how a disability lawyer can help you with the next steps in legal recourse.
Why cancer is not always a qualifying disability
Many cancer patients are able to lead healthy lives thanks to advanced medical treatment. However, the path to treatment and recovery is different for everyone. It may take some people longer than others to recover from surgery, chemotherapy, or radiation treatment. Your post-treatment symptoms may prevent your return to work indefinitely.
To qualify for disability benefits, you must provide evidence of a disability or disabling symptoms to the Social Security Administration. The claims approval depends on the severity of your illness, and how your illness interferes with your ability to perform your job.
Common reasons disability claims for cancer are denied
Lack of supportive medical evidence
Your need to furnish medical documents to prove the stage of your cancer, the seriousness of cancer symptoms, the disabling side effects of treatment, and your inability to work. They’ll not grant benefits approval solely based on the diagnosis. Provide them with the latest biopsy results, pathology reports, imaging tests, medication with known side effects, and detailed reports from your doctor.
Insufficient evidence of your inability to work
To increase your chances of claim approval, submit as much supporting evidence as possible that suggests you’re unable to get through many of your essential duties. Your claim may get rejected if you’ve recovered or are able to perform your usual job or work in another role.
You can gradually return to work
The SSA may feel you’re not totally disabled based on the medical evidence, and therefore expects you to gradually return to work. Under these circumstances, your disability claim can get rejected. In such cases, you can request a rehabilitation consultant to assist you with a gradual return to work plan through your current employer. That consultant can assist you in working with an occupational therapist and physiotherapist to increase your strength.
How an attorney can help
If you’re unable to work due to cancer or its debilitating side effects, you may wonder “Do I need a lawyer?” Don’t delay in seeking legal representation. An expert disability lawyer can help you understand your legal rights, and navigate the complex claims or denial process. They’ll help gather strong evidence to support your case, and ensure the maximum compensation you deserve.
Contact LegalASAP today or you can also take our free evaluation to see if you may qualify and get the legal representation you need.