Even if your doctor believes that you are currently unable to work because of your diagnosis, the most important question is how long the diagnosis will prevent you from returning to work. Early stages of breast cancer are normally treated with a lumpectomy followed by possible radiation, mastectomy, and/or chemotherapy. I have had several clients that have completed all of their treatment for breast cancer and experienced a complete remission within 6 to 10 months of their initial diagnosis. Since the Social Security Regulations require that an impairment be severe enough to prevent you from performing work for a full 12 months, these individuals are denied benefits unless side effects of treatment (or other medical conditions) otherwise limit their ability to perform work.

While the immediate concern with breast cancer will be the treatment of the cancer itself, it is important to pay attention to other symptoms that occur. Due to the traumatic nature of the disease, it is common to experience depression because of a breast cancer diagnosis. It is important to discuss any emotional symptoms that you experience with your doctor, and if necessary to even seek psychotherapy. If you fail to seek treatment for these symptoms, it is unlikely that the Social Security Administration will consider any limitations that are directly related to depression.

If you are required to undergo chemotherapy or radiation, it is also important that all side effects of your treatment be discussed with your oncologist and/or radiologist. It is normally determined that during chemotherapy and radiation an individual would have a difficult time performing full-time work, but it is still important that difficulties are recorded by your treating physician. Some individuals with mild symptoms are actually able to continue performing work activities while undergoing treatment. Since not every individual has the same side effects, your doctor must be aware of any problems you are experiencing.

If your cancer is detected early and your oncologist is optimistic that remission will occur after only a brief period of time, consult with an attorney to determine the likelihood of success if a disability application is pursued. Depending on your unique circumstances, an attorney can advise whether it is in your best interest to file a disability application immediately or if you should wait until after you have underwent your initial treatment. An attorney will also remind you of the importance of receiving treatment for other symptoms and not just those that you relate to your cancer diagnosis. This could be very important for establishing that the durational requirement of the Social Security disability program is met.

Luckily the majority of my clients with breast cancer have experienced complete remission within 6-18 months of diagnosis. Most of these individuals ultimately qualified for a closed period of disability benefits because their symptoms prevented them from performing full-time work for at least 12 months, but several were found to be ineligible for benefits because with treatment they were able to begin work again less than 12 months after their initial diagnosis. Only a small portion were eligible for ongoing benefits, and normally this was because the treatment was unsuccessful or because the cancer treatment caused severely limiting side effects.

The important thing to remember when you are diagnosed with breast cancer is that with early detection, the disease is much more treatable and remission is more likely. To have the best chance of being approved for Social Security disability benefits, it is important that you understand the process and the rules of the Social Security disability program. Consulting with an attorney early in the process will help protect your rights and assist you in better documenting your eligibility for the Social Security disability programs.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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