THE SOCIAL SECURITY DISABILITY BLOG

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Can I Collect Social Security Disability Benefits for Cancer?

The American Cancer Society (ACS) estimates there are about 13.7 million Americans who are either currently being treated for cancer, or have been treated for it in the past. About 1.6 million Americans are diagnosed with cancer each year and about 1,600 Americans die of the disease every day. ACS estimates 52,550 people in North Carolina will be diagnosed with cancer this year.

In years past, if a person was diagnosed with cancer, they often would not live long because treatment wasn’t effective. As treatments have improved, for many people cancer has become a chronic, more manageable (though too often, ultimately fatal) illness. Instead of living for months after a diagnosis, a patient may live for years.

That’s good news in anyone’s book, but either due to treatment and/or the disease, many of those surviving with cancer are unable to work, so Social Security Disability (SSD) benefits can provide much needed income. Medicare benefits would be available two years after benefits start. For those with insufficient work histories, Supplemental Security Income (SSI) benefits may be available and Medicaid benefits would start right away.

If you have a sufficient work history and have paid enough into the Social Security system to get disability benefits, if your type of cancer and its stage are on a “listing” it will be presumed you qualify for benefits (cancer is such a common cause for claims, it has its own category of listings). If your cancer is not on such a listing, if there is sufficient evidence you cannot work for at least a year, you could also qualify for benefits.

The Social Security Administration has instituted a Compassionate Allowances program to speed up review of applications of those stating they’ve been diagnosed with some types of cancer and other disabilities. You can see that list of cancers online.

If you or a loved one are dealing with cancer and have questions about SSD or SSI benefits, contact our office.

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P: 828-252-2852

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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS

Q. Can a child disabled since birth get SS disability benefits even if he has never worked?

A. Yes. If the child is under age eighteen (18) and you are poor enough, he may be able to qualify for SSI child's disability benefits. If the child is over age eighteen (18), he may be able to qualify for SSI disability benefits without regard to your income. If you or your spouse get some kind of Social Security benefit or if your spouse is deceased, your son may be eligible for disabled adult child benefits.

Q. Can I work for any period of time and still receive SS disability benefits?

A. Generally, No. You are required to report any earnings or substantial gainful activity to the SS office as a condition of receiving monthly disability checks. Congress has recognized the need for work incentives and has created several programs to encourage attempts to return to work without automatic loss of disability payments. You can review all SS programs under www.socialsecurity.gov/disabilityresearch for specific info.

Q. Can I draw Social Security if I have never worked full time?

A. Yes. If you are unable to work at any job for a period of twelve (12) months or more AND have financial need, you may be eligible for Supplemental Security Income (SSI). SSI is a special program of the Social Security Administration that provides benefits to individuals who have not worked on a full time basis. Even if you have worked in the past, you might be eligible for SSI. You should consult a qualified lawyer to understand the types of Social Security programs for which you may be eligible.

Q. What happens in a SS disability hearing?

A. SS disability hearings are informal. The decisions are made by an Administrative Law Judge, most of whom live in Greenville, SC. The people likely to be present at the actual hearing are you, the Judge, a court reporter, and your lawyer. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. SS hearings do not have any jurors, spectators, or lawyers representing SS. Some hearings in Western NC are now conducted by closed circuit television by Judges who live all over the United States.

Q. Are children eligible for Social Security?

A. Yes. Children may be eligible for several different types of Social Security programs. While most people consider “regular” Social Security as the program based on taxes paid while working, several other programs exist to aid qualified children who meet other requirements such as financial need, disabled or deceased parent. Even adult children (over the age of 18) may qualify for benefits under some circumstances. Staff at the Social Security Administration local office are very cooperative and helpful in reviewing what programs a child with special needs might be eligible for. If the child’s application is filed and denied by Social Security, the family should consult with a qualified lawyer to help present evidence and testimony to support the claim.

Q. Am I eligible for SS disability if my ailment is not permanent?

A. Yes. SS law requires only that the disabling condition (1) result in death OR (2) exist for a period of twelve (12) months or more. No part of SS requires the disabling condition to be permanent. While many disabling ailments are permanent, the law does not require any duration longer than twelve (12) months.

SOCIAL SECURITY DISABILITY VIDEOS

Our Video Library is not closed-captioned.  Instead of embedding our videos, we have created posts for them, where full transcripts of can be found. Click on the links below to view the video and its transcript.

Social Security Detail

Social Security – Detail

Social Security part 4

Social Security Part 4

Social Security part 3

Social Security Part 3

Social Security part 2

Social Security Part 2

Social Security part 1

Social Security Part 1

Rules Regarding Social Security Disability and Your Employment

Rules Regarding Social Security Disability and Your Employment

Social Security Hearing Timeframe

Resolution of Social Security Disability Cases: A Timeframe Overview

Contemporaneous Workers’ Compensation and Social Security Disability Claims

Contemporaneous Workers’ Compensation and Social Security Disability Benefit

Working While on Social Security

Social Security Disability and Your Employment

Appealing Social Security Denials

Appealing the Denial of Your Social Security Disability Claim

Work History Requirements

Work History Requirements for Social Security Disability

Drug and Alcohol Dependency and Social Security Disability

Drug and Alcohol Dependency and Social Security Disability

Child Eligibility for Social Security

Child Eligibility for Social Security Benefits and Social Security Insurance

The Administrative Law Judge’s Role in Social Security Disability

The Administrative Law Judge’s Role in the Social Security Appellate Hearing

Compassionate North Carolina Social Security Disability Lawyer

David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases

~ What Our Clients Say ~

2019 Google Review

August 7, 2019

The entire staff were welcoming, knowledgeable, helpful, and nice people! David was professional. He knew exactly what he was talking about and did what he said he was going to do. I have had a wonderful experience with this firm and will not hesitate to use them in the future.

2019 AVVO Review “Get ‘er done Gantt!”

July 10, 2019

I was very satisfied with David Gantt’s expertise and knowledge in all aspects handling my case. He dealt with all the paperwork and contacted all necessary providers to get my medical history – it was extremely hassle free! He communicated and counseled me on what to expect – being very forthcoming (he’s a straight shooter)!…

2019 Facebook review

June 5, 2019

I highly recommend Mr. Gantt. He is very kind and always professional. He prepared me for my disability hearing and calmed my nerves. Everything happened exactly as he said it would. I honestly do not think that I would have been approved for disability without his help. Also, his office staff were always ready to…

2019 Google Review

May 28, 2019

Mr. Gantt took good care of me. I will be forever grateful for him getting me the social security payments I need for a disability due to military service. He seems like a genuine compassionate good man. I highly recommend! ~C.M.

2019 Google Review

May 10, 2019

David and his entire staff are so nice and show compassion to everybody. He was there when I had any questions. David Gantt is the best attorney in his field, he goes above and beyond. I am extremely grateful to him and his staff. ~M.H.

2019 Google Review

May 9, 2019

Very nice and friendly service. They always answered any of my questions. Had a great experience working with them on my disability case. I highly recommend there services! After trying for 6 years and 2 unfavorable decisions, David and his team did a great job representing my case and won. I appreciate there time and…

2019 Google Review

May 9, 2019

The whole office is very respectful. Answered all my questions. So Glad they were there cause I had no clue after fighting for 2 years. Thank you guys soo much. ~K.H.

2019 Google Review

May 9, 2019

I am very grateful to David Gantt & his staff! They were wonderful and made the confusing process much easier to understand. I wish I had contacted them sooner. They were super to work with and such nice people! Thank you so much! ~K.S.

Avvo Review 2019

May 7, 2019

Mr. Gantt is a highly compassionate and professional lawyer. He worked hard for me to show my disabilities. Always pleasant and supportive, while being very much on top of his cases. I recommend David Gantt to anyone. Great Attorney! 5 Stars. ~ Dakota

Google Review 2019

April 10, 2019

Wonderful client services..very friendly and willing to go the extra mile to help clients. highly recommend him for anyone needing assistance for the Disability SSI. ~T.D.

2019 Google Review

April 9, 2019

I am so grateful to Mr. Gantt & his staff. They have been so professional and knowledgeable. They’ve answered all of my questions and made a very stressful situation, bearable. I would not hesitate to recommend Mr. Gantt. He is knowledgeable, professional & caring. ~J.H.

Avvo Review 2019

April 8, 2019

Linda Calloway Mundy David Gantt is an outstanding Lawyer. I highly recommend him. He was beside me all the way and I would like to thank him. ~Linda 5 Stars

2019 Google Review

March 9, 2019

David Gantt and his staff are very professional, upfront, honest and nice. They made me feel at ease discussing my case. They helped me with every step of the way towards my disability approval. I would recommend them to anyone. They kept me updated on everything. Just wish I had contacted them sooner. ~D.P.S.

2019 Google Review

February 10, 2019

When I applied for Social Security Disability I saw no reason that I would need a lawyer since my case seemed clear. It wasn’t until the second rejection that I realized that I had no idea how the system worked. A couple of local lawyers I had contacted suggested that I talked to David Gantt…

2019 Google Review

February 10, 2019

This office is fantastic. The staff is helpful and friendly. He is honest with you about the pros and cons of your case. He works hard to get a positive result. ~S.G.

Martindale Review 2019

January 21, 2019

5.0/5.0 in Social Security. David was very professional, pleasant and focused on me and my situation while I was in his office. He did not allow interruptions. His office staff was helpful and readily available when I had questions.

Martindale Review 2018

October 8, 2018

Recommended 5.0/5.0 in Social Security. I highly recommended David Gantt. He is a kind and generous person. He puts you at ease from the minute that you meat him. Very efficient and does what he says he’ll do. His staff is awesome too. Trust me… You can’t go wrong with David Gantt.