Good News! This article was taken from the November 2009 Ovarian Cancer National Alliance newsletter.
The Ovarian Cancer National Alliance has been working on your behalf to make it easier for women with ovarian cancer to access needed Social Security benefits. The Social Security Administration will now recognize that late stage ovarian cancer will automatically qualify you for disability benefits. This change will reduce the hassle and time between filing your claim and getting the valuable benefits you deserve. We worked hard to convince Social Security Agency of this needed change and will continue our efforts to expand this new authority.
According to the Social Security Administration, benefits are paid to people who are disabled, meaning that you cannot do work that you did before, you cannot adjust to other work because of your medical condition and that the disability has or will last at least one year or result in death.
The Agency maintains a list of diseases that automatically qualify a person as disabled. In April 2008, the agency proposed changing the description of what types of ovarian cancer automatically qualify as disabled. The proposed change removed “ovarian cancer with ruptured ovarian cancer, tumor on the serosal surface of the ovary, ascites with malignant cells, or positive peritoneal washings.†No other changes were proposed for ovarian cancer.
The Ovarian Cancer National Alliance submitted comments that included a recommendation against the proposed change. The change would have excluded Stage IC ovarian cancer from automatic qualification.
In October, 2009, the Social Security Agency released new rules affecting Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) for people with cancer, including ovarian cancer. The final rule includes the following types of ovarian cancer as automatically qualifying:
All tumors except germ cell tumors, with at least one of the following:
a. Tumor extension beyond the pelvis; for example, tumor implants on peritoneal, omental, or bowel surfaces.
b. Metastases to or beyond the regional lymph nodes.
c. Recurrent following initial antineoplastic therapy.
In the comments to the rule, the Social Security Agency specifically addressed the Ovarian Cancer National Alliance’s concern regarding the effects of treatment, the lasting side effects of treatment and potential for recurrence for ovarian cancer patients, even those diagnosed in Stage I. The Agency wrote: “While we appreciate the second commenter’s concerns—and we agree that some women with the findings in the prior listing will be disabled—we did not adopt the recommendation to keep the listing, primarily because many women [Stage IC] will not be unable to work for at least 12 months. Even though they may be debilitated while they undergo treatment and for some time afterward, many of these women will have only minimal functional limitations 12 months after diagnosis. Therefore, it would be inappropriate for us to keep the prior listing, which would require us to find that all women with the listed criteria are disabled. We must evaluate these cases on an individual basis.â€
Women with any stage ovarian cancer may qualify for disability, and women with Stage III or IV ovarian cancer automatically qualify based on the new rules. For more on qualifying as disabled, please see the Social Security Administration’s web site.
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Social Security Disability Rules Changed
- By Ovacom06
- Posted November 3, 2009 at 8:34 pm · 22 replies
- In Financial and insurance issues
- Shared with the public
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22 replies
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- By jeaniet
- Posted November 3, 2009 at 11:40 pm
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Just an FYI----if you worked in a job where you didn't pay into SS, for example as a teacher, you don't qualify for SSD. In some states teachers do pay into the state pension fund and SS, so that might be different for women in those states, but for example in a state like Colorado, where teachers just pay into the state pension fund and not SS, we do not qualify for SSD. Believe me, I applied right away, but was denied for the above reason.
great, huh?
Jeanie
- By Jennali
- Posted November 4, 2009 at 12:00 am
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I was denied because I don't have enough work credits in the last ten years. Personally, I think it should be lifetime credits, like for SS, but nobody asked me...
- By monthemon1
- Posted November 4, 2009 at 8:15 am
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thanks for the article. I applied for soc sec benefits, and I sent all my med records, Soc Sec interviewed me on the phone for 1/2 hour, this is right after surgery, mind you. It was tough. Anyway, then I get a 30 page document to fill out that asks questions like what do you do from the minute you wake up in the morning til the minute you go to bed!? HuH? I have Stage IIIC fallopian tube CA, it is classified with ovca. Anyway, so I called my caseworker guy and he says ,"Well, we want to see if you respond to trx before you get benefits, and yes , you do have to fill out all that paperwork." Respond to trx first, how crazy is that. So, I have to pray about it first, and do what now? Gotta call someone higher up, right? please respond if you know.....
- By kennebec
- Posted November 4, 2009 at 10:56 am
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I took early SS retirement at age 62. But had not yet reached 65 when I was diagnosed. So I inquired into disability which would have increased my SS check. However, since I had not worked the previous ten years, I did not meet SS's requirement for disability payments.
Monthemon1, I would call them back and tell them you understand that ovca IIIc is on a fast track with SS.
For those of you who have jobs that have not paid into SS over the previous 10 years, you may (are) not be eligible for disability. But then, please realize, I am NOT a SS expert, so if you have questions, please do check with SS. Especially in light of Ovacom's letter at the beginning of the discussion. There may be other circumstances that I am not aware of that may still make you eligible.
- By Shamrock2009
- Posted November 4, 2009 at 3:25 pm
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My area Wellness Community has sponsored two informational sessions with local SS office administrators. This was very helpful. The administrator told me if you meet the new Compassionate Allowances criteria it is the diagnosis and matching of the criteria not your physical ability/disability that is evaluated for approval. He also told us that 90% of applications that were turned down are then approved at the grievance hearing--this may take a year but if approved you receive all the back money that they owe you for your first denial. If you have a Wellness Community in your area request that they sponsor a program like this.
I was diagnosed and had debulking surgery (stage IIIc) in January 2009 with chemo February through June. applied for SSD online and the following day the local SS office called me to fill ourta release of medical records form and drop that off along with my medical records. I applied in April and was approved within 4 1/2 weeks. I was told that my approval letter would include the length time till my next evaluation that would be needed--that info was not in my letter so I called SS and they told me am approved for 7 years.
Your yearly letter from SS states an approximate amount that you will be entitled to if disabled.
On occasion you may come in contact with a SSD administrator who is unfamiliar with the new Compassionate Allowances--just keep pushing it.
http://www.ssa.gov/disability/professionals/bluebook/13.00-NeoplasticDiseas es-Malignant-Adult.htm
See: 13.23 (this is the ovarian cancer info)
Apply online: http://www.ssa.gov/pgm/links_disability.htm
- By Kat56
- Posted November 4, 2009 at 5:07 pm
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I went to a disability lawyer and was approved in no time. The lawyer takes 25% of payment received - in my case, my Long Term Disability paid for the lawyer anyway.
If you don't win - there is usually no charge.
- By Sandylee
- Posted November 4, 2009 at 5:36 pm
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My company sent me to a long term disability company (ALSUP) and they sent SSD papers for me to fill out. I didn't think I had the choice. I was awarded disability within 2 months! I'm so glad I did this. I'm getting so much from the SSD and the rest from my employer because I still have over a year out of the two years they are holding my job for me. If I can low dose my treatments and I get to feeling better.....I'd rather work. But now, I have over a year to make a decision and see how my body works in February of 2011.
God is good.
Sandylee
- By abbaschild
- Posted November 4, 2009 at 7:42 pm
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Ladies,
For anyone who has ovca, you do not have to have a lawyer! I am stage 3C...went online...filled out all the paperwork online...you can pause it and come back later...you need to have all your doctor's visits, addresses, meds & vitamins you are taking, all doctors you have seen, etc....and if you come across something you need to look up, just pause it and come back later...I would pause it because I would get tired and come back a couple hours later. My local SS office called me and asked me some questions...and that was it!!
Blessings and hugs!!!
- By Cheryl4Teal
- Posted November 4, 2009 at 10:56 pm
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I was actualy in my hospital bed and they visited me. This was a few years ago and had no issues. I have stage 3B and I think I got a check about 3 weeks later and it was back money as well.
You dont need a lawyer abbaschild is correct.
- By CountryGirl46
- Posted November 4, 2009 at 11:26 pm
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I applied the first of Oct 09, I haven't heard anything yet, still waiting. They told me it could take up to six months to hear anything. This is driving me nuts and wish I would at least hear something. I have been wondering if I should call the SS worker again and ask if I can get an update on the process of my application.
- By abbaschild
- Posted November 5, 2009 at 8:26 pm
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You could call if you want to...they told me I could call anytime. After a few weeks went by, I called to see if I needed to add another doctor that I had just seen and here she looked up my paperwork and saw that I was approved and the letter was about to be sent out! So, yes, go ahead and call :)
Blessings and hugs!!!
- By KellyRilla
- Posted November 6, 2009 at 9:45 am
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monthemon1,
Don't be discouraged. I filled out the inital paperwork as well and started to become concerned by some of the things they were aksing me. You're right the questions seems silly but I answered them truthfully. If you aren't currently in tx let them know how you feel when you are because you could be in tx at any time soon in the future. It's part of the rest of our lives.
Ovca pts have been on the compasionate care list for almost a year now. I applied last Jan. and we were on the list then.
After they see the med records of your diagnosis and pathology you get fast tracked. I didn't qualify for payments until May because I had made too much money in the recent past and they required 6 months waiting period.
Good luck and just fill out the paperwork and ask questions of your case worker.
- By Milashka
- Posted November 6, 2009 at 10:18 am
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Wow - I never looked at this possibility! I was able to take shared leave at my first dx, now looking at a possible recurrence (while praying it's not gonna happen), I am in tail spin again in regards to balancing work, income and treatment.
I have no savings and no assets and live paycheck to paycheck.
How much does SSI/SSDI pay average (I paid in for 20 years, modest salary)? I have no idea - $ 500 or so? Can one even live on that? Does health care coverage continue?
- By Shamrock2009
- Posted November 6, 2009 at 12:04 pm
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Milashka,
Hopefully you saved you yearly SS statement sent to you. On the statement it lists an approximate amount that you will receive on SSD.
Medical insurance can be a problem because medicare does not kick in until you have been on SSD for 2 years. Check with the SS office you may be eligible for SSI depending on assets and income. If approved for SSI you wil be automatically approved or state Medicaid insurance.
You can apply online and if you do not have a recent SS statement you may be able to find info on the SS site. My SSD is about equal to what I would have received at age 66 /SS retirement.
Good Luck
http://www.ssa.gov/
- By Milashka
- Posted November 6, 2009 at 1:02 pm
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SSI it will need to be - who in the world with a disabling illness can be without health insurance for 2 years?
- By Shamrock2009
- Posted November 6, 2009 at 4:06 pm
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You can apply for SSD and SSI simultaneously.
The only option for insurance is to pay for Cobra during the waiting period which is usually quite expensive.
Best of Luck
- By Magdeline
- Posted November 8, 2009 at 11:58 am
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I would like to know if I qualify if I'm still working? I have been in remmision for 6 months now I was at stage 3C but I have now more tumors. They removed part of my omentum because that's where my tumors were. My last Cd scan said I was clean. I never stopped woking because I needed my insurance. Any advice?
- By Amethystmd2559
- Posted November 9, 2009 at 11:12 am
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I am not sure about medicare not kicking in until you have been on ssd for 2 years. My husband was covered by medicare immediately when he got sick. Could it be different depending on illness and disability? My husband had to go on dialysis, had been laid off his job just a few months earlier. ssi and ssd kicked in and medicare covered him, as I said, immediatley.
I have been thinking about going on disability myself, I am starting to hurt so much and can't get around as easily as I used to. I am just afraid because now I have insurance and know what it covers, and don't know what benefits would be with medicare.
- By Amethystmd2559
- Posted November 9, 2009 at 11:20 am
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Oh, one more thing, my husband was also a veteran, he had been in the Air Force. I don't know if rules are different for type of illness/disability and service status.
- By Shamrock2009
- Posted November 9, 2009 at 5:51 pm
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Yes, dialysis is measured differently then cancer when eligible for medicare.
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