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THE SOCIAL SECURITY DISABILITY BLOG

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P: 828-252-2852

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. Do I have any chance of winning a SS disability case when I am a young person?

A. Yes. While age is an extremely important consideration in deciding disability cases, the SS office will also look at education, job experience, and vocational possibilities in a national job market. Naturally, the younger claimants are considered employable for more types of jobs requiring retraining, classes, relocation, and other adjustments than older claimants. Don’t give up if you feel your mental and/or physical disability keeps you from working at “substantial gainful activity” for a period of twelve (12) months or more.

Q. Should I apply for Social Security when I am receiving Workers’ Compensation benefits?

A. Generally, yes. Social Security law requires that you be disabled for a period of twelve (12) months or more. You become eligible for Workers’ Compensation weekly checks when you miss more than one (1) week of work. If you believe that you might miss more than twelve (12) months of work, you should apply for Social Security. Since you may be forced to wait over one (1) year to receive Social Security benefits, you should apply for these benefits unless you are positive you will return to work within the twelve (12) month period. The interaction between Workers’ Compensation and Social Security benefits is very complicated. You should consult a qualified lawyer to make sure you coordinate the receipt of these benefits.

Q. What is the difference between Social Security and SSI?

A. Both Social Security Disability (SSD) and Supplemental Security Income (SSI) are programs of the Social Security Administration. Both SSD and SSI require the same basic requirement for coverage- an inability to work at any job for a period of twelve (12) months or more. SSD benefits are based on the taxes you have paid into the system before you became disabled. SSI benefits are based on financial need.

Q. If I win my SS disability case, how much “back pay” will I get?

A. The exact amount of “back pay” will be determined by which SS program you are eligible for. The two (2) main SS disability programs are SSD and SSI. For SSD (benefits based on the taxes you paid in), benefits can’t be paid for more that one (1) year prior to the month your claim was filed. The first five (5) months of that period are withheld as a waiting period. For SSI benefits based on financial need, the “back pay” will begin on the date you filed for disability. While getting SS approval may actually take a few years, the “back pay” will be retroactive to these dates.

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.

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 ~

Google Review 2020

April 8, 2020

My first time meeting Mr.Gantt, he was very open and honest about what it takes to get my SSDI. He was optimistic about my case. He walked me through what he needed on my part. I was very happy with the results of my hearing. I am very pleased with Mr.Gantt and definitely recommend his…

Yelp Review 2019

December 19, 2019

David Gantt and his staff were excellent very informative, kept me updated on every move and with this dedication I was able to win my Social Security hearing. Highly Recommend.

November 2019 AVVO Review

November 27, 2019

Amazing! When my husband was injured, we didn’t know who to turn to. I started googling to find a attorney, I called Mr. Gantt, I couldn’t be more thankful! The nightmare was over as Mr. Gantt and his amazing team handled everything from that very moment! Not only was professional but extremely caring, taking time…

November 2019 AVVO Review

November 27, 2019

David Gantt and his staff handled my disability claim and they were excellent. I highly recommend him, he is the best in Western North Carolina. Mrs. Kelly Reaves 5.0 stars November 5, 2019

October 2019 Martindale Hubble Review

October 29, 2019

David is clear, precise, and delivers as promises.

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.