Many claims are denied because SSA says:
(1) Your colorectal cancer doesn’t meet the requirements of or is the equivalent of a Medical Listing,
(2) You can return to the lightest job you held in the 15 years before you became disabled, or
(3) There is other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity.
Not all cases of colorectal cancer are severe enough to make you eligible for Social Security Disability benefits, but Nancy Cavey has successfully represented many SSA applicants with colorectal cancer. She works to overcome the claims denial by working closely with you and your physician to show that you:
She offers a free initial consultation and welcomes the opportunity to speak with you about your Social Security disability claim.
Colorectal cancer is cancer of the large intestine called the colon, and rectal cancer is cancer of the last several inches of your colon. Collectively, these cancers are known as colorectal cancer.
Colorectal cancer starts with polyps that, over time, can become cancerous.
There are four stages in colon cancer:
To examine the colon, your doctor will recommend a colonoscopy or a CT of the colon. The disability carrier will accept these studies as objective basis of the diagnosis, but these studies do not document the severity of your restrictions and limitations. It is key that your symptoms be developed in your medical records and your physician comment on how those symptoms cause restrictions and limitations on your ability to work.
The symptoms can include:
It can be difficult to work with these symptoms or the side effects of treatment.
Social Security Disability applicants who have colon cancer that has/is:
may qualify for a compassionate allowance that can result in an award of benefits in approximately six weeks. If you don’t qualify under the Compassionate Allowances program, you may be entitled to benefits if you meet a Listing.
Colorectal cancer is included in the SSA’s “Listing of Impairments” under Section 13.00, Malignant Neoplastic Disease or 13.18. If you meet or have the equivalent of a Listing, your Social Security disability benefits will be awarded at Step 3 of the Five-Step Sequential Evaluation.
Your medical records must establish that you meet every element of the Listing for your colorectal cancer to be considered disabling. SSA will review your medical records and look for the following:
If you don’t meet or equal a listing, SSA will determine your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5.
If your colon cancer doesn’t meet a listing, you will have to prove that you:
SSA or, ultimately an Administrative Law Judge, will answer those questions by determining your residual functional capacity. Your RFC is what you can do despite your colon cancer.
The SSA will review your medical records at the Initial Application and Reconsideration stage of the claims process and determine your functional capacity to perform sedentary, light, medium and heavy work.
SSA medical consultants often opine that a Social Security Disability applicant can do light and sedentary work, and that will result in a claims denial. The lower your RFC the more likely that you can’t return to the lightest job you held in the last 15 years or perform other work. SSA doesn’t tell applicants or physicians about the existence and importance of properly completed colon cancer RFC forms that will explain:
This is not an exhaustive list of all of the questions on a colon cancer RFC form. But you can see that having an explanation of what you can do physically, cognitively and emotionally is key to winning your case.
Many SSA cases are lost because the applicant did not obtain an RFC or the right RFC form, or because their treating physician didn’t properly complete the RFC form. That is one of the many reasons you should have an experienced Social Security attorney like Nancy L. Cavey represent you in your claim.
Many claims are denied both at the Initial Application and Request For Reconsideration Stages of the claims process.
At the hearing stage, the Administrative Law Judge will determine your RFC and give hypotheticals to the vocational evaluator (VE) who will testify at your hearing. The judge will ask the VE to take into consideration your RFC, as determined by the judge, your age, education and prior work experience in determining:
It is crucial that you are represented at a hearing to make sure the right questions are asked of the VE.
If you no longer can work because of colon cancer or the side effects of treatment or your doctor has told you to apply for Social Security disability, you should hire Nancy Cavey to help you:
The SSA is in the business of denying claims and will use any reason to deny your benefits. The odds of getting your Social Security benefits are greater when you are represented by an experienced Social Security Disability attorney like Ms. Cavey.
You owe it to yourself and your family to get help today! Ms. Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits for colon cancer. Call today for a free consultation at 727-894-3188.[/vc_column_text][/vc_column][/vc_row]