LUNG CANCER DISABILITY BENEFITS

WHAT IS LUNG CANCER?

Lung cancer is the third most common form of cancer. According to the American Cancer Society, it is the main cause of cancer deaths in the United States. It is also the leading cause of cancer deaths worldwide.

Lunger cancer occurs when your lung cells divide uncontrollably. This out of control division causes tumors to grow in your lungs. Your right lung is divided into three sections. Each section is called a lobe. Your left lung only has two lobes. The reason the left lung only has two lobes is that there isn’t room for three lobes, because the heart takes up more room on the left side of the body. Tumors in the lungs lead to symptoms such as coughing, chest pain, and trouble breathing.

People who smoke have the greatest risk of lung cancer. However, the disease can also occur in people who have never smoked. Your risk of cancer increases with the number of cigarettes and the number of years you smoke. If you quit smoking, even if you have done so for years, then you can reduce your chances of getting lung cancer.

If you have lung cancer, then the symptoms of the disease will probably keep you from working for over one year. Therefore, you will need to replace your income. You can do so with Social Security Disability benefits. You can file an application for SSD benefits on SSA’s website. If you need help with the application or the appeal process, then hire our law firm to guide you through the five step SSA review process to qualify for benefits.

TYPES OF LUNG CANCER

Obviously, lung cancer is a serious illness and it can keep you from working. If you are filing an application for SSD benefits, then you need to know what type of lung cancer you have. There are two different types of lung cancer: small cell cancer and non-small cell cancer.

Non-Small Cell Lung Cancer

There are three types of non-small cell lung cancers. The three types are squamous cell carcinoma, large cell carcinoma, and adenocarcinoma. These types of lung cancers spread more slowly than small cell cancer. They are also more common than small cell cancer. The SSA states that around 87% of lung cancers are non-small cell lung cancers.

Small Cell Lung Cancer

Small cell cancer is a very aggressive from of lung cancer, because it grows quickly. It is also called oat cell lung cancer or oat cell carcinoma.

WHAT ARE THE SYMPTOMS OF LUNG CANCER?

Initially, you may not know you have lung cancer, because at first you will not experience any symptoms. However, once the disease advances, you may experience the following signs and symptoms:

• Chronic cough: A cough that doesn’t go away is a common symptom of lung cancer.
• Coughing up blood: A cough can produce sputum that has blood in it.
• Shortness of breath: Lung tumors make difficult to breathe. This symptom may worsen with physical activity.
• Chest pain: Lung cancer may cause chest pain that is dull, aching, or sharp. The pain may worsen with deep breathing and coughing.
• Weight loss: Many people experience weight loss despite no change in diet.
• Bone pain: If the cancer spreads to the bones, then it may cause bone pain. Particularly in the back, hips, or chest.
• Headache: Lung cancer that spreads to the brain causes pain and headaches.

WHAT CAUSES LUNG CANCER?

Smoking is the cause of most lung cancers. This statistics includes exposure to secondhand smoke.  The lungs are sensitive to the carcinogens in smoke. Each time you smoke a cigarette, you damage your lungs. At first, your body can repair the lung damage. But, over time, the lung cells receive so much damage that cancer occurs. Nevertheless, lung cancer also happens to people who have never smoked. It also occurs in people who have never been exposed to smoking. Sometimes, there is no clear cause of lung cancer.

WHAT ARE THE RISK FACTORS FOR LUNG CANCER?

The American Cancer Society’s projects that there will be 236,740 new cases of lung cancer in the USA in 2022. About 12% of those new lung cancer cases will be among people who have never smoked. Lung cancer is the leading cancer killer of women and it has been that way since 1987. Lung cancer kills almost 1.4 times as many women as breast cancer. Learn about SSD benefits for breast cancer.

Obviously, you should do whatever you can to minimize your risk of getting lung cancer. The risk factors for lung cancer include:

• Smoking. Your risk of lung cancer increases with the number of cigarettes you smoke and the number of years you have smoked. If you quit smoking, then you will lower your risk of developing lung cancer.
• Exposure to secondhand smoke. Even if you don’t smoke, your risk of lung cancer increases if you’re exposed to secondhand smoke.
• Radiation therapy. If have ever had radiation therapy to the chest for another type of cancer, then you might have a higher risk of developing cancer.
• Radon gas. Unsafe levels of radon can be found in buildings, including homes. Make sure your home does not have high levels of radon.
• Asbestos, coal dust, and chemicals. In some workplaces and homes you can be exposed to asbestos, coal dust, and other chemicals. This will increase your risk of getting lung cancer. Learn information about coal dust exposure and black lung disability benefits.
• Family history of lung cancer. As with all cancers, if someone in your family has had lung cancer, then you have a higher risk of getting the disease.

WHAT CAN YOU DO TO PREVENT LUNG CANCER?

There are many things you can do to prevent lung cancer and most of those require not smoking. If you want to prevent lung cancer, then avoid the following:

• Do not smoke.  You know that smoking is the major risk factor for lung cancer. Do not do it.
• Stop smoking. Quit smoking, because it reduces your risk of lung cancer. There are many ways to quit smoking. Ask your doctor about nicotine replacement products.
• Avoid secondhand smoke. Avoid restaurants, bars, or places where other people smoke. If you live with a smoker, ask them to quit or smoke outside of your home.
• Have your home tested for radon.  Have the radon levels in your home checked. For information on radon testing, contact your local department of public health or the American Lung Association.
• Avoid toxic chemicals at work. Do what you can to protect yourself from exposure to chemicals at work. Wear a face mask if you work with chemicals, smoke or dust. Use the protective gear given to you by your employer.

DIAGNOSING LUNG CANCER

If you are a smoker and are experiencing symptoms, then you should have your doctor order testing for lung cancer. Testing for lung cancer does not need to be invasive. For example, testing may include:

• X-ray or CT Scan tests. An X-ray can show a mass or nodule in your lungs. Also, a CT scan can show small lesions in your lungs that may not show up on an X-ray.
• Sputum cytology. If you have a cough and are producing sputum, your doctor can examine your sputum to see if there are any cancer cells.
• Biopsy. Your doctor can perform a biopsy and examine a tissue sample from your lungs to see if there are any cancer cells. A biopsy sample can be taken from your lungs, but it can also be taken from your lymph nodes or other areas where the cancer may have spread.

TREATMENTS FOR LUNG CANCER

SURGERY

If you have cancer that has not spread outside of your lung, then surgery may be a good option for you. Obviously, you should follow the advice of your doctor, but surgery is often done after chemo or radiation shrink any lung tumors. If there’s a risk that cancer cells were left behind after surgery or that your cancer may recur, your doctor will probably recommend chemotherapy or radiation after surgery.

RADIATION

Radiation therapy uses energy beams from sources such as X-rays to kill cancer cells. During radiation therapy, you lie on a table and a machine directs radiation to the precise cancer areas in your body. Radiation therapy may be used before or after surgery. It is often done along with chemo treatments. For advanced lung cancer, radiation therapy may be done to relieve pain.

CHEMOTHERAPY

Chemotherapy uses drugs to kill cancer cells. The chemotherapy drugs can be given through a vein in your arm. Or, you can take a pill. This type of therapy is often used after surgery to kill any remaining cancer cells. It can also be used in combination with radiation therapy. Chemotherapy may also be used before surgery to shrink cancers and make them easier to remove.

TARGETED DRUG THERAPY

Targeted therapy drugs are used to treat lung cancer. These drugs focus on abnormalities that are present within the cancer cells. By blocking these abnormalities, it is possible for the drugs to kill the cancer cells.  Most of these drug therapies are done for people with advanced or cancer that has come back.

SSA’S DISABILITY LISTING 13.14 FOR CANCER OF THE LUNGS

In order to win SSD benefits, you must prove your lung cancer meets listing 13.14. Meeting a listing, under step three of SSA’s review process, means you are able to show with objective medical evidence that you have one or more of the following criteria:

Listing 13.14 Lungs.

A. Non-small-cell carcinoma–inoperable, unresectable, recurrent, or metastatic disease to or beyond the hilar nodes.

OR

B. Small-cell (oat cell) carcinoma.

OR

C. Carcinoma of the superior sulcus (including Pancoast tumors) with multimodal anticancer therapy. Consider under a disability until at least 18 months from the date of diagnosis. Thereafter, evaluate any residual impairments under the affected body system.

AN EXPLANATION OF LISTING 13.14

As you can see, there are three types of lung cancer that meet SSA’s listing:

• Non-small cell lung cancer that is inoperable. This means that your doctor could not remove all of the cancerous tissue during surgery. The SSA will also state that you meet the listing if your lung cancer spreads to or past your hilar lymph nodes. These lymph nodes are where vessels, arteries and veins enter the lungs. If your cancer spreads beyond the hilar lymph nodes, even if a tumor is removed, then you meet the listing. You meet it because your non-small cell lung cancer has spread beyond the lymph nodes.
• Small cell lung cancer.
• Cancer in the superior sulcus. This is cancer that is at the top of the lungs. If you have more than one type of treatment, such as radiation and surgery, then you will be found disabled for at least 18 months after your cancer diagnosis.

WHAT EVIDENCE DOES THE SSA NEED TO PROVE DISABILITY?

The SSA requires medical evidence that proves the type, extent, and site of the primary, recurrent, or metastatic lesions in your lung cancer. If the primary site of your lung cancer cannot be identified, then the SSA will use evidence that shows the sites of metastasis to evaluate your cancer under SSA listing 13.27.

If you undergo an operation, such as a biopsy, then the SSA will need a copy of both the operative report and the pathology report. The SSA will accept a summary of your  medical reports and hospital visits, if you cannot get these documents. However, the evidence will need to include details of the surgical and pathological findings. Additionally, the SSA may need evidence about the progression of your lung cancer. They will also consider your response to therapy.

In some situations, very serious adverse effects may interrupt and prolong multimodal anticancer therapy for a continuous period of almost 12 months. In these situations, the SSA may determine that your medical conditions will prevent you from working for at least 12 months. If that is the case, then the SSA will find you meet listing 13.14.

MEDICAL EVIDENCE PROVES YOU SHOULD BE PAID BENEFITS FOR LUNG CANCER

Your doctor’s diagnosis of lung cancer should include the findings of a biopsy of your primary tumor. Also, the findings of the tissue sample report must be part of your medical records. If your cancer has spread, then there should also be records of these secondary, metastatic tumors. If you have had any surgeries related to removing cancerous tissue, then the reports should be in your medical records.

This includes any reports from the tissue that was removed during surgery. If there is no evidence of your primary lung tumor and any metastases for three or more years, then your lung cancer will not meet SSA’s lung cancer listing.

Additionally, you may have another type of cancer in the tissue that surrounds the lungs. This cancer is pleural cancer. If your doctor says you have it, then review pleural cancer and SSD benefits.

LUNG CANCER & YOUR RESIDUAL FUNCTIONAL CAPACITY

If you lung cancer does not meet or equal a listing, then your RFC can make the difference between winning or losing your benefits. Residual Functional Capacity (RFC) is one of the most important concepts in your case. You can use your RFC to prove that you cannot work. So, what is your RFC?

The RFC is the medical assessment of what you can physically and mentally do in a work setting. Step four of the SSA review process defines your RFC after taking into account all of your cancer symptoms.

When you have lung cancer, on order to figure out your physical RFC the SSA will examine your medical records. They will take into account what your doctor says about your ability to work. Also, the SSA will review any statements from your doctors. They will also review records from SSA’s doctors.

The SSA will also consider descriptions about your physical limits from your family, neighbors and friends. For example, your family or friends could write a statement about your chronic pain or breathing problems. Find out how your RFC combines with age to eliminate work. Also, learn about SSA’s Medical Vocational Guidelines.

Your medical records should contain information about your lung cancer. Likewise, your records should also include your diagnosis and document your symptoms. You need to make sure the medical record is complete. But, you also need to make sure your medical records describe your RFC.

MEDICAL EVIDENCE PROVING YOU CANNOT WORK DUE TO LUNG CANCER

Lung cancer occurs from smoking. However, many people have other lung diseases from smoking, such as chronic bronchitis and emphysema. These illnesses cause trouble breathing, which can limit your ability to work. Additionally, if you have had part or all of your lung removed because of cancer, then this will have a severe impact on your breathing. The judge should consider this as part of your RFC. Also, the judge should consider any side effects from cancer treatment, such as memory problems or other cognitive issues.

This means your doctor should write down whether or not your lung cancer or your cancer treatments prevent you from lifting, walking, sitting, or carrying. In order to outline your RFC, you should ask you doctor to fill out a form that discusses your limits. Likewise, your doctor can write a letter that talks about your RFC.

The RFC states how much you can lift and how many minutes you can sit at one time before you need to stand up. Also, your doctor should explain how many minutes you can stand at one time before you need to sit down. If you need to lay down during the day, your doctor should include that information. If you have trouble using your hands, because of the effects of chemotherapy, then your doctor can document it. The RFC statement from your doctor will depend upon how your lung cancer impacts you. It is very important, however, for your doctor to discuss your limits in the medical records.

DOES LUNG CANCER QUALIFY AS A COMPASSIONATE ALLOWANCE?

Some medical conditions are so serious that the SSA considers them disabling when you file your application. If the SSA determines that your lung cancer is a compassionate allowance, then they will process your application quickly. These are “compassionate allowance conditions.” Lung cancer can also spread to your brain and cause tumors. In that case, you will need to know about SSD benefits and brain cancer.

Small cell lung cancer is a compassionate allowance condition. If you have small cell lung cancer, then the SSA will expedite your application. If your medical records supports the diagnosis, then you will be paid benefits. Severe cases of non-small cell lung cancer are also a special condition.

WHAT WE DO TO HELP YOU WITH YOUR BENEFITS CASE

There is some good news. You do not need to obtain SSD benefits for lung cancer on your own. Our law firm can help file your SSD application. Also, we can help you file an appeal after every SSA denial. That way, you can focus on your health and living your life. Our attorneys and staff can:

• Send you the forms and paperwork you need to become our client
• Help you file your application for SSD and SSI benefits
• Inform the SSA that your cancer is a Compassionate Allowance
• Request an 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 about job experts and their hearing testimony
• Learn 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 SSD benefits on 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. Additionally, once you receive a denial from the SSA, you have 60 days to file an appeal. You must meet the time limit set by the SSA. If you do not, then you will have to start the process over again. That means you will lose any benefits you could receive on the old application.

HIRE OUR LEGAL TEAM TO WIN YOUR SSDI BENEFITS

In the past 30 years, we have won millions of dollars in ongoing and past due SSD benefits for our clients. If you want to win benefits for lung cancer, then you need to hire an attorney with the experience to win your case. Also, you need a lawyer to prove to the SSA that they should pay you SSD benefits. We can do that. Contact us.

If you want to learn more about our lawyers and staff, then review our About Us page. For instance, Andria Summers can help you with your Medicare plan. She has also won thousands of SSD cases. Dianna Cannon has been helping clients win SSD benefits for thirty years. Brett Bunkall also has years of experience helping people obtain their SSI and SSDI benefits. We are experts. You can trust us to help you win SSDI and SSI benefits.

In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Also, we help our clients with their Medicare benefits. Our legal experts can help you apply for SSDI and SSI benefits using the SSA’s website.

Likewise, if you need an appeal, we can help you do that too. There are also many forms you will need to fill out. But, don’t worry. If you have questions about the SSA forms, then we will answer them. You can learn how to complete SSA’s appeal forms. Call us for a free review of your benefits and lung cancer case.