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Old 06-21-2006, 10:33 PM   #1
mekasan
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the wait varies by state

There are several phases. The initial applicaton, the reconsideration of a denial, the appeal, appeals council, etc... All of this could take upto 2 years or so depending on the back log in each state. The initial decision could take three or more months. Many many cases are denied on initial, denied on recon, and then win on appeal so never give up. You don't need a lawyer to appeal (of course it helps) but you can find everything you need on the ssa.gov website to win an appeal.

Also, breast cancer that meets a certain set of criteria is on the list of impairments that may be support a finding of a presumptive disability. However, you must meet the listed elements in order to show unquestioned disability.

First, the agency must find that you suffer from an impairment that prevent you from being able to do work. Then they must determine that your disorder is "severe" by asking if it is a condition that will last 12 months or end in death. Then they look at the Listing of Impairments to see if you meet one. If you do, then you win. They can also readjust your onset date to whatever they want.

If you don't meet a listing then they look at your level of functioning to see if you can continue the work you are doing. If not then they look to see if you can do any of the past work that you had done in the past 15 years of your life. If not, then they assess your residual functional capacity (how well you can move about despite your impairment), they also consider your age, your education, and your employment history to determine if there iare any hypothetical work you could do based upon a big book of jobs (Dictionary of Occupational Titles). I say hypothetical, because they only need to exist in the book not in your community.

All this imformation can be found online at ssa.gov

First thing to know is that the goal is not to show that your breast cancer is disabiling, but rather to show that you are disabled based upon all your conditions. This may include any other physical or psychological impairments related or unrelated to breast cancer. Many people fail to list other conditions. List everything you can think of, and let the decision maker throw it out. This makes the facts different for every applicant.

Second, if you don't clearly meet a listing, you can still be found disabled. This part is also very different for each applicant, because its based on work, education, age, functional capacity of each applicant.

I hope this helps.
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Dx @ 29 years old in 8/05
Stage 1
2 IDC tumors (.7 cm and .5 cm)
4 cm DCIS
0 nodes
ER-/PR-
Her2+ (5.33 FISH)
AC (4 cycles)
Bi-lat mastectomy w/ lat flap recon + cohesive gel implants
1 year (every 3 weeks) Herceptin
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Old 06-22-2006, 04:19 AM   #2
Sheila
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Location: Morris, IL
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Mekasan
Here in IL I received SSD with no problem...my insurance carrier for the company I worked at made me apply to cut down their disability payments....now the insurance company has stopped payments as they say I am no longer disabled....and yet Social Secuity sees me as disabled....all this and getting termed from my job after my FMLA ran out is unbelievable....I dont know what to do!
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Sheila
Diagnosed at age 49.99999 2/21/2002 via Mammography (Calcifications)
Core Biopsy 2/22/02
L. Mastectomy 2/25/2002
Stage 1, 0.7cm IDC, Node Neg from 19 nodes Her2+++ ER PR Neg
6/2003 Reconstruction W/ Tissue Expander, Silicone Implant
9/2003 Stage IV with Mets to Supraclavicular nodes
9/2003 Began Herceptin every 3 weeks
3/2006 Xeloda 2500mg/Herceptin for recurrence to neck nodes
3/2007 Added back the Xeloda with Herceptin for continued mets to nodes
5/2007 Taken Off Xeloda, no longer working
6/14/07 Taxol/Herceptin/Avastin
3/26 - 5/28/08 Taxol Holiday Whopeeeeeeeee
5/29 2008 Back on Taxol w Herceptin q 2 weeks
4/2009 Progression on Taxol & Paralyzed L Vocal Cord from Nodes Pressing on Nerve
5/2009 Begin Rx with Navelbine/Herceptin
11/09 Progression on Navelbine
Fought for and started Tykerb/Herceptin...nodes are melting!!!!!
2/2010 Back to Avastin/Herceptin
5/2010 Switched to Metronomic Chemo with Herceptin...Cytoxan and Methotrexate
Pericardial Window Surgery to Drain Pericardial Effusion
7/2010 Back to walking a mile a day...YEAH!!!!
9/2010 Nodes are back with a vengence in neck
Qualified for TDM-1 EAP
10/6/10 Begin my miracle drug, TDM-1
Mixed response, shrinking internal nodes, progression skin mets after 3 treatments
12/6/10 Started Halaven (Eribulen) /Herceptin excellent results in 2 treatments
2/2011 I CELEBRATE my 9 YEAR MARK!!!!!!!!!!!!!
7/5/11 begin Gemzar /Herceptin for node progression
2/8/2012 Gemzar stopped, Continue Herceptin
2/20/2012 Begin Tomo Radiation to Neck Nodes
2/21/2012 I CELEBRATE 10 YEARS
5/12/2012 BeganTaxotere/ Herceptin is my next miracle for new node progression
6/28/12 Stopped Taxotere due to pregression, Started Perjeta/Herceptin
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