PDA

View Full Version : Short term disability


cynthia1962
11-02-2009, 06:16 AM
I am from the state of Tennessee does anyone know whether or not since I have to take herception for 1 year or longer and had 4rounds of chemo whether this qualifies me for short term disability. My onc states he does not want me to work since I am having a lot of side effects and has wrote a letter to the disability examiner stating this but does this really qualify me. I got denied the first time. I did it on my own now I have an attorney fighting for me.

hutchibk
11-02-2009, 09:53 AM
I don't know about private disability, but you won't be considered for social security disability as a breast cancer patient unless/until you are diagnosed with distant metastatic progression. On SS disability, there is no such thing as short-term or temporary disability...

In the last year or two, the internal federal rules for medical disability approvals for cancer patients have become increasingly more stringent and will become even moreso in future years. One of my dear friends works as a medical disability case investigator. She is horrified at how the feds have shifted approval rules in favor of psychological approvals (seems that anything can be chalked up to "bi-polar") and to the increasing detriment of chronic dire diagnosis medical patients.

This is my editorial opinion of what I have learned from talking to my friend, but it seems that chronic medical patients are too much a drain on the system and use too much of the system (sound familiar?) and are too expensive to keep alive, so the theory is to withhold as much assistance from them as possible so they will "go away" sooner.

Cal-Gal
11-02-2009, 11:49 AM
Read the same about long-term disability and the pre-req having to be Stage IV. Do not know policy about short term--but would be very interested in the outcome/answer.

Good Luck Cynthia!!!

rl2
11-02-2009, 12:37 PM
does your employer offer short term disability policy? I believe TN is not a state that requires it.

Brenda_D
11-02-2009, 03:58 PM
Actually, SSD requires that you be unable to work for a period of at least 1 year, or be diagnosed with one of the following and unable to work-


13.10 Breast (except sarcoma—13.04) (See 13.00K4.)

A. Locally advanced carcinoma (inflammatory carcinoma, tumor of any size with direct extension to the chest wall or skin, tumor of any size with metastases to the ipsilateral internal mammary nodes.

B. Carcinoma with distant metastases.

OR

C. Recurrent carcinoma, except local recurrence that remits with antineoplastic therapy.

from their website-
http://www.ssa.gov/disability/professionals/bluebook/13.00-NeoplasticDiseases-Malignant-Adult.htm#13.10

or if you are stage4 you can apply and be approved quickly through their compassionate allowance program-

http://www.socialsecurity.gov/compassionateallowances/conditions.htm

I am stage 3 and was able to get SSD without any problem due to being unable to work for at least 1 year, and having the "tumor of any size with metastases to the ipsilateral internal mammary nodes".

I went to rads with a lady that was stage2 and had micro invasion in a few nodes. She asked her doctor about SSD and he that she wouldn't be able to get it.
To me, the key is having at least one of your doctors write a statement that you are medically unable to work for at least a year. But not fitting into one of those categories I listed, will make it hard to get SSD. You'll have to go through the long process. Even then, they can review you at 1 year and see if you are able to return to work.
Everyone is supposed to get reviewed on a 1, 3 or 7 year schedule, depending on how severe your disease is.

cynthia1962
11-03-2009, 06:22 AM
Thanks all for your advice,

My doctor has written a letter to the Nashville Social Security Administration that he does not want me to work until I become stronger enough to work and the length of my treatments would be 1 year so I think that if I am not able to work for 1year with that statement. and i am not working or have a job now no employer is going to let me take off work every three weeks to do treatments. And I do have an attorney that states the same thing.