Difficulties getting disability with cancer. Should I get a lawyer?

Posted by scs23 @scs23, Jan 1 10:16pm

I have a rare cancer, synovial spindle cell sarcoma. I applied for disability 5 months ago and still haven't heard anything about approval or denial. A few friends suggested getting a lawyer, but supposedly lawyers take a percentage of the disability. Is a lawyer necessary? Any suggestions that might help the process?

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Having done benefits spplications before for individuals... If you are referring to Social Security disability , lawyers do take a percentage of the back award , but it is limited by law. It is very common for disability applications to take months or even years. It is necessary to prove that you are unable to work in any capacity ( ie taking tickets in a movie theater, money at a car lot , counting penvils in a store, working from home have all been exampled by judges ) and that the inability to work will last longer then a year. In my opinion, An attorney would not be likely to help at this phase since everything is a already submitted, but after a denial here, an attorney would be very helpful. The Key is to ensure all medical records are sent in by all doctors and Dr completes the doctors ability to work medical report.
Hoping you hear soon.

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Additionally,
Check out the information around this program
Recurrent or metastatic soft tissue sarcoma qualifies for rapid review under the SSA’s Compassionate Allowances (CAL) program. You may be able to move your application there. Call the SSA 800# and ask about it .

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@scs23
I think 6 months is pretty typical for a decision on SS disability unless you have a fast track diagnosis. Years ago my brother was denied when he applied on his own for heart failure and advanced esophageal cancer and was denied (hard to believe if you saw his condition). He appealed with a disability attorney and was approved. He didn’t share any details past that and he’s long gone so I can’t ask.

I went thru Allsup and was fast tracked with advanced breast cancer. My LTD company paid the fee. They were great for me but I referred a friend to them for her husband’s less clear cut medical issues and I don’t believe he was ever approved. They had already filed the initial paperwork when Allsup took over. They were very frustrated. So for you, a disability attorney may be better. Like someone else said you may need to wait for a decision and then appeal if needed. No sense paying an attorney if you’re about to be approved. If denied, it’s better to pay an attorney and get x% of something than 100% of nothing.

You can probably call a disability attorney right now for a free consult. Maybe call more than one for varied opinions. Ask if you have a good case and specifics about the fees and limits. Experience counts so be sure disability filings are their entire focus. Best of luck to you.

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May want to contact your Congressional office.

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@lbrockme

Additionally,
Check out the information around this program
Recurrent or metastatic soft tissue sarcoma qualifies for rapid review under the SSA’s Compassionate Allowances (CAL) program. You may be able to move your application there. Call the SSA 800# and ask about it .

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This poster really rocks!

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@scs23, you may also be interested in these related discussions:
- Is anyone else with cancer getting disability?
https://connect.mayoclinic.org/discussion/is-anyone-else-getting-disability/
- Disability for cancer treatment side effects
https://connect.mayoclinic.org/discussion/disability-for-pc-treatment-side-effects/

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@californiazebra

@scs23
I think 6 months is pretty typical for a decision on SS disability unless you have a fast track diagnosis. Years ago my brother was denied when he applied on his own for heart failure and advanced esophageal cancer and was denied (hard to believe if you saw his condition). He appealed with a disability attorney and was approved. He didn’t share any details past that and he’s long gone so I can’t ask.

I went thru Allsup and was fast tracked with advanced breast cancer. My LTD company paid the fee. They were great for me but I referred a friend to them for her husband’s less clear cut medical issues and I don’t believe he was ever approved. They had already filed the initial paperwork when Allsup took over. They were very frustrated. So for you, a disability attorney may be better. Like someone else said you may need to wait for a decision and then appeal if needed. No sense paying an attorney if you’re about to be approved. If denied, it’s better to pay an attorney and get x% of something than 100% of nothing.

You can probably call a disability attorney right now for a free consult. Maybe call more than one for varied opinions. Ask if you have a good case and specifics about the fees and limits. Experience counts so be sure disability filings are their entire focus. Best of luck to you.

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I had a family member who had a undisputed accident that left him unable to do work. He did hire a disability attorney and it still took a year to get his hearing for SSI. It’s an arcane and complicated process. I’m not sure I’d attempt it on my own.

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I had cancer 9 years ago and had an attorney help me apply for social security disability benefits. I got turned down twice. I had my two main cancer doctors and patient advocate write letters for me. Stating that I couldn't work and still had to have help at home with almost everything. I was still on SEVERAL medications also. I had radiation to my head. After the first TWO NO'S I had to drive 100 miles to sit in front of a judge. This was probably 9 or so months after the first try. Well I was told that I "looked" like I could go back to work. So they denied me one more time. Then I was told that I could go to the next step and sit in front of a PANEL of several JUDGES. We did everything exactly the way they wanted. I couldn't lift a gallon of milk. I couldn't shower unless there was someone else in my house in case I fell. I couldn't drive. I could barely wash laundry or dishes. I also still had a feeding tube. I couldn't eat FOOD. After I had the tube removed I lived on boost milk shakes for almost a year until I could eat. I still dont do that well. I HAD to try and do things or waste away by doing nothing. The Judge felt that I could go anywhere and get a job. She even suggested Lowes, Wal Mart, a grocery store. I can tell you that when I went in front of her I was wearing a pair of jeans and a nice WalMart top. I was clean. AND I HAD HAIR ON MY HEAD!!!!!! I DIDN'T LOOK LIKE I HAD CANCER. I FEEL THAT THEY CAN BE VERY PREDUJISED AGAINT PEOPLE. THEY DON'T ALWAYS LOOK AT THE FACTS. MY ATTORNEY WAS THERE WITH ME FOR THIS ALSO. While we waited to be called there were two ladies waiting to see a judge too. They walked in after we got there. One lady already had SS and she was schooling the other. She told her to make sure that she walked REAL SLOW and look like she was in pain. use your walker and kind of bend over. They had on clothes that goodwill would throw away. their hair wasn't combed. And the first told the second " just do what I tell you and I'm sure you'll get it. you have to LOOK like you deserve it. Afterwords we'll get cleaned up and go for dinner. I'm willing to bet that lady #2 got her SS. After me going through all that I did and being denied THREE times I gave up. And I was trying to get $244.00 a MONTH. That would have been my benefit. What the heck do you do with that???? I still have a lot of problems. My memory is pretty bad, I still can't eat most foods, no saliva, hearing is getting bad"hearing aids is my next step", my hair is already fine and I lose more and more every day. I still haven't gotten back the hair that the radiation took away, It will never grow back. luckily its at the nape of my neck. Now it looks like I have a very high neckline. I finally drive. It took almost a year before I was really comfortable. After a while my second husband and I divorced and I applied for SS through my first husband and receive all of $1100.00 a month. My second husband is still helping me as much as he can as his health is bad and he is living with his sister now. I can only reccomend that you do your HOMEWORK and figure out anything that you can. If you have to go in front of a judge wear a bandana and comver your whole head so it looks like you're BALD. And don't wear makeup,jewelery, or decent clothes. You might have a chance then. I will never be me again. When people say that the government isn't there to help they arent kidding. I apologize for this book but this is what I went through and never did get that whopping $244.00. Best of luck to you.

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@lbrockme

Additionally,
Check out the information around this program
Recurrent or metastatic soft tissue sarcoma qualifies for rapid review under the SSA’s Compassionate Allowances (CAL) program. You may be able to move your application there. Call the SSA 800# and ask about it .

Jump to this post

I was diagnosed with stage 4 metastatic Melanoma and the social worker at the hospital did all the paperwork....... Talk to patient advocate and a social worker!?

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