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 I’ve Been Diagnosed with Cancer: What Are My Options if I Can’t Work? 

October 7, 2024 News & Firm Accomplishments

After receiving news about a cancer diagnosis for yourself or a loved one, many thoughts may be racing through your mind. If you’re unable to work, maintaining a livable income and paying for treatment are likely at the top of that list. While the initial shock may be overwhelming, you do have options. Nyman Turkish is ready and willing to help you. cancer disability patient

Social Security Disability Insurance 

If your condition will prevent you from working for at least 12 months, has already done so, or if you have a terminal diagnosis, you may be eligible to apply for Social Security Disability Insurance (SSDI). This process can be quite complicated and requires attention to detail, as well as knowledge of the rules and regulations. Our Firm will guide you through each step of the process.  

Filing for SSDI  

Filing a claim begins with submitting an application to the Social Security Administration (SSA). This can be done online or by mail. The application requires significant documentation of both your medical history and past work. While you focus on getting healthy, we highly recommend that you hire a cancer disability attorney. Nyman Turkish can assist in filing your claim.  Our no fee guarantee means that we do not receive any payment unless we win your case, and you pay no money up front.  

The Appeals Process

If your claim is denied, which is quite common, there are several options to appeal the decision. Don’t be discouraged, in 2022, roughly 60% of initial SSDI applications were denied according to USA Facts.  

The first step in the appeals process is “reconsideration”.  You must complete additional forms to initiate this step, and it is highly recommended that you have an attorney assist you with this. Our Firm will file on your behalf for a reconsideration. Your claim will be reviewed by a new examiner who was not part of the initial decision-making process. The SSA will carefully assess all existing evidence and any new information you submit before making a written decision on your claim.  

If the reconsideration is denied, the next step in the appeals process is to request a hearing before an Administrative Law Judge (ALJ).  This stage has the highest rate of approval, and at Nyman Turkish, our success rate is about 20% higher than the national average, giving you an even greater chance of winning your case.  

If your claim is denied after the hearing, the next step is to request a review by the Appeals Council.  It is important to act quickly on all aspects of an SSDI claim. The SSA requires you to file for a review by the Appeals Council within 60 days of receiving an unfavorable decision.  

The last step in the appeals process is to file a civil lawsuit in Federal District Court. This is filed in the judicial district where you live or have a place of business. If no judicial district falls within these boundaries, the case will be filed in the United States District Court for the District of Columbia.  

The Date Your Conditions Affected Your Ability to Work  

Another factor the SSA will consider when you file for SSDI benefits is your disability onset date.  There is no guarantee which onset date will be used, but it is generally the date of diagnosis, the start of treatment, or when your symptoms became severe enough to prevent you from working. The SSA will take into account the type of cancer, its location, and the extent to which it has spread. Detailed medical evidence is crucial for determining an accurate disability onset date. 

Supplemental Security Income 

If you have limited resources, you may be eligible for Supplemental Security Income (SSI). SSI is a needs-based program designed for individuals with limited income and assets whose conditions prevent them from working. 

Eligibility for SSI is based on a disabled individual’s financial need, with strict monthly limits on the applicant’s resources. Cancer ribbons

Short-Term and Long-Term Disability 

Depending on how long you will be unable to work, your options vary.  Programs like Short-Term Disability (STD) and Long-Term Disability (LTD) might be available through your current employer. Reach out to your work Human Resources department to file a claim.  

Historically, these options weren’t always available. In 1993, the Family and Medical Leave Act (FMLA) was passed under President Bill Clinton. FMLA protects the rights of individuals who must leave a job for family or medical reasons. The act mandates that employers provide up to 12 weeks of leave for their employees, ensuring that their job will be available upon their return. 

The Fine Print 

LTD terms vary by position and employer. While some policies may allow an employee to be absent due to a disability for up to several years, the restrictions can vary greatly. 

Long-term disability plans often include clauses requiring repayment to the LTD provider if you are approved for SSDI. It is crucial to discuss these terms with the LTD administrator if you plan to apply for both programs.  

Other Benefit Programs  

Additionally, there are also state and county-specific programs that provide further support to cancer patients.  A quick internet search for assistance programs in your county and state typically reveals a comprehensive list of available resources. 

Non-profit organizations like the American Cancer Society, Leukemia & Lymphoma Society, and others that provide grants, financial aid, and support services to cancer patients. 

While you focus on your treatment and recovery, these options can provide financial stability. It is important to act quickly and hire an attorney to make sure that you do not have a lapse in coverage.  

Fierce Advocacy 

Our Firm offers a 100% FREE case evaluation meaning we will review your case without being paid. We will only receive payment if we win your case. Our fee is federally regulated and is only required if we win your case. Our knowledgeable staff is waiting for your call.   

Contact us by visiting our website or calling 877-529-4773.