KIDNEY CANCER & SSD BENEFITS

WHAT IS KIDNEY CANCER?

Kidney cancer, also known as renal cancer, is a type of cancer that starts in the kidneys. The kidneys are two  organs located on each side of the spine, below the ribcage. They play an important role in removing waste products from your blood and keeping an overall fluid balance in your body. They also produce urine. When cancer cells form in the kidneys, the cancer interferes with kidney function and causes a variety of symptoms. For example, you could experience blood in your urine, pain in your lower back, and unexplained weight loss.

If you have kidney cancer, then you have a serious disease that threatens your life. There are several types of kidney cancer. Renal cell carcinoma (RCC) is the most common form of kidney cancer. Other less common types of kidney cancer include transitional cell carcinoma, Wilms tumor, and renal sarcoma.

Cancer occurs when abnormal cells grow out of control in one or both kidneys. And, it can spread to other parts of the body if left untreated. For those who are diagnosed with kidney cancer, it can be a difficult time. However, there are resources available to help ease the financial burden of this disease, including Social Security (SSD) and SSI benefits.

IF YOU HAVE KIDNEY CANCER, THEN FILE AN APPLICATION FOR SSD BENEFITS 

To apply for SSD benefits, you will need to complete an application and provide medical evidence of your kidney cancer. This may include reports, test results, and treatment records. It is important to provide as much detail as possible about your condition and how it affects your ability to work. The SSA will review your application and medical evidence to determine if you meet the criteria for benefits.

If you have kidney cancer, then it is important to seek medical treatment. In addition to seeking SSD benefits, there are also support groups and resources available to help you navigate this difficult time. Remember to always advocate for your health and seek proper medical care to ensure the best possible outcome.

Applying for SSD benefits is not a hard thing to do. You can file an application online at the Social Security website. Also, we can help you file your application. Learn more about SSA’s five step review process for winning SSD benefits.

You can also call Social Security to begin your application over the phone. If you are in doubt about whether you should apply, then call our office. It is free. You can talk to one of our legal experts.  They will answer your questions. We can help you if you have a medical condition that prevents you from working.

YOU CAN BE PAID TWO TYPES OF SSD BENEFITS

If you have kidney cancer, then there are two types of benefits you can file for under the Social Security program:  Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. In order to receive any sort of benefit from the SSA, you must first file an application. You can do this online at Social Security’s website. Below, please find an explanation as to each type of benefit you can apply for:

Social Security Disability Insurance (SSDI):  

SSDI benefits are for those who have worked in the recent past and can no longer work at any job due to a medical condition. The amount of money you will receive from SSDI benefits every month is based on how much Social Security tax you have paid during your work history.

To qualify for SSDI, you must have earned enough “work credits” to qualify. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, you will only qualify for Supplemental Security Income benefits.

Supplemental Security Income (SSI):  

SSI is a needs based benefit and it is for those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income. If you have a spouse who earns more than $4000 a month, for example, then that income will be the factor in whether you can receive SSI benefits. You cannot qualify for SSI benefits, no matter how severe your kidney cancer, if you do not meet the income and asset rules for SSI.

KIDNEY CANCER SYMPTOMS

Symptoms of kidney cancer vary widely and depend upon the stage of your cancer. In the early stages, the disease may not cause many symptoms. However, as the cancer progresses, you may experience the following symptoms:

1. Blood in the Urine: One of the most common signs of kidney cancer is blood in the urine. This may make your urine appear pink, red, or brown.
2. Back Pain or Pain in the Side: Pain in your back or side, below the ribs, can be a symptom of kidney cancer.
3. Lump or Mass in the Abdomen: You may feel a mass or lump in the abdomen. This will often occur on the side where the kidney cancer is located.
4. Unexplained Weight Loss: Weight loss without changes in diet or physical activity can be a symptom of kidney cancer.
5. Fatigue: General fatigue and weakness may be another symptoms of kidney cancer
6. Fever: A chronic fever that is not caused by an infection or other known cause may occur when you have kidney cancer.
7. High Blood Pressure: In some cases, kidney cancer can lead to high blood pressure.

Some of these symptoms can caused by other medical conditions. Therefore, if you have some of these symptoms it does not necessarily mean you have kidney cancer. However, if you experience any of these symptoms, then it is important to see a doctor to obtain an evaluation.

TREATMENT FOR KIDNEY CANCER

The treatment for kidney cancer depends on the stage of your cancer, the type of kidney cancer you have and your overall health. Common treatment options for kidney cancer include:

1. Surgery:
   • Nephrectomy: This is the main treatment for kidney cancer. It involves the removal of part or all of the kidney that has cancer. Depending on the extent of the cancer, a partial nephrectomy or a radical nephrectomy (removing the entire kidney) may be done by your surgeon.
2. Targeted Therapy:
   • Certain drugs target molecules that are involved in cancer growth. These drugs interfere with the signals that promote the growth and spread of cancer cells.
3. Immunotherapy:
   • Immunotherapy aims to enhance the body’s immune system to recognize and attack cancer cells.
4. Radiation Therapy:
   • Radiation therapy uses energy beams to target and kill cancer cells. It is not the main treatment for kidney cancer but may be used in certain cases, such as to relieve symptoms or treat the cancer.
5. Chemotherapy:
   • Traditional chemotherapy is not very effective for most types of kidney cancer. However, it may be used in some situations. Especially, if you have a rare types of kidney cancer.
6. Clinical Trials:
   • Participation in clinical trials may be an option to treat advanced or recurrent kidney cancer. Clinical trials test new treatments.

CAN KIDNEY CANCER BE MISDIAGNOSED?

Unfortunately, kidney cancer can be misdiagnosed as kidney stones. This can lead to delayed treatment and can also worsen the condition. Misdiagnosis can occur because the symptoms of kidney cancer are similar to those of kidney stones, such as pain in the side or lower back and blood in the urine. It is important for doctors to thoroughly evaluate your symptoms and conduct proper testing in order to diagnose kidney cancer.

SSA LISTING 13.21 FOR KIDNEY CANCER

If you have kidney cancer and are unable to work due to your condition, then you may qualify for SSD benefits. In order to be paid benefits, you must be off work for one year or more. Or, your medical condition must be expected to result in death.

Kidney cancer is one listing in the Social Security Administration’s (SSA) Blue Book. If you have all of the elements under the listing, this means that you meet the listing and should be paid SSD benefits.

LISTING 13.21 Kidneys, adrenal glands, or ureters – carcinoma.

A. Inoperable, unresectable, or recurrent.

OR

B. With metastases to or beyond the regional lymph nodes.

As you can see, the main way to meet the listing for kidney cancer is to have cancer that cannot be cured. Obviously, such a condition that will eventually result in death. Additionally, the other element the SSA is looking for is whether or not your kidney cancer has spread beyond the kidney.

While you may qualify for SSD benefits under the compassionate allowance program with kidney cancer, you must still provide the SSA with medical records to approve your application for benefits. The SSA will need to see a biopsy report which documents your diagnosis of kidney cancer. They will also need to see progress notes from your doctor that states your tumor cannot be operated on. If those records are not available, then the SSA will look to records which show the surgeon was unable to remove all of the kidney cancer.

KIDNEY CANCER & YOUR RESIDUAL FUNCTIONAL CAPACITY

Even if your condition does not meet the listing for kidney cancer, you may still qualify for SSD or SSI benefits if you can prove that you cannot perform substantial gainful activity.

Under this analysis, a judge looks at all of your medical conditions and determines your residual functional capacity (RFC). Your physical RFC is what you can physically do during an eight hour workday. However, it also takes into account your symptoms from kidney cancer. The judge will determine how many pounds you can lift and how long you can sit and stand. The judge will also consider how often you need to lie down due to pain. Also, the judge will ask if you need to take extra breaks during the course of a workday.

There are many types of evidence you can submit to the SSA to prove your RFC. For example, you could have your doctor write a letter about your ability to lift, sit, stand, walk, etc.. Another way to prove that you cannot work an eight hour day is to submit employer records that show you took extra breaks during your shifts. Or, that you lost your job because you were absent due to your health. If you can show that you cannot work 40 hours a week due to your symptoms, then you can qualify for SSD and SSI benefits.

WHAT IS A FREE REVIEW OF YOUR SSD BENEFITS?

If you have kidney cancer or any other medical condition, then our law firm offers a free review of your SSD benefits. But, what does this mean?

For most people who want to become clients, it means we will talk to you about your Social Security case over the phone. We will not charge you to examine the merits of your case. Most lawyers do charge a fee to review your case. We do not.

Please understand, however, that providing a free review is not the same thing as accepting your case. We examine the merits of your case based upon the facts you give us.

Sometimes, we will request that you send us medical records or a copy of your SSA paperwork. We do this so we can understand the details of your case. Even if we ask for more information, it does not mean we accept your case or that we are your attorney.

You will know if you hire our legal team because we will send you our contract to sign. We will also send you other Social Security paperwork to fill out. Return your paperwork to us as soon as possible. If you do not sign and send the paperwork back, then we are not yet your law firm.

WHAT WE DO TO HELP YOU WIN SSDI AND SSI BENEFITS 

If you have kidney cancer, then you need to apply for Social Security benefits. You can always call our law firm and we will help you. We can help you file your application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:

• Send you the paperwork you need to become our client
• Help you file your application for SSDI and SSI benefits
• Inform the SSA they should pay your benefits under the Compassionate Allowance Rules
• Appeal if you receive an initial denial from DDS
• Help you confirm your SSA doctor exam
• Request a Hearing with an Administrative Law Judge (ALJ)
• Prepare you to testify at your ALJ hearing
• Represent you at your hearing and question the expert witnesses
• Read more about job experts
• Learn more about medical expert testimony
• Request review of an SSA decision with the Appeals Council
• Request review of an Appeals Council denial in Federal Court

If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, then the SSA will not process your application. Sign it and send it back to the SSA as soon as you can.