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  • By: Randy Rosenblatt, Esq.
A patient receiving an IV treatment, representing a disability claim for leukemia.

Winning Your Leukemia Case

To secure Social Security and SSI disability benefits with leukemia, you must conform to two very basic regulations:

  1. Non-Medical Criteria (work credits for SSDI and mainly income and resources thresholds for SSI), and
  2. Disability Criteria (5-step process for adults and 3-Step process for children).

Conforming to the disability criteria means –

  1. You comprehend how Social Security looks at leukemia (addressed on this page),
  2. You satisfy a Social Security Leukemia Listing (also addressed on this page) or you have disabling Functional Limitations (addressed on the next page), and
  3. You Submit Winning Evidence (addressed on the next page).

What Medical You Should Provide To Social Security – Leukemia

Leukemia is a very severe Social Security and SSI disability case that, if documented correctly, is normally awarded by Social Security at the initial (first decision) or reconsideration (second decision) levels. Leukemia is cancer of the blood, bone marrow, or the lymphatic system. There are four types of leukemia that are either acute or chronic (acute means fast-growing and chronic means slow-growing):

  1. Acute myeloid leukemia (AML),
  2. Chronic myeloid leukemia (CML),
  3. Acute lymphoblastic leukemia (ALL), and
  4. Chronic lymphocytic leukemia (CLL).

Correct documentation of leukemia starts with a diagnosis that is done by blood tests (checks for abnormal cells) and a bone marrow biopsy (the cause of the abnormal cells). Rarely, genetic testing may be performed to determine what type of leukemia you have. One problem in a leukemia Social Security disability case is that your medical provider may take a long time to diagnosis your leukemia. This is common as leukemia symptoms are general and common to many other medical impairments. The problem presents specifically as follows: 1) you stop working due to physical symptoms, 2) your doctor diagnoses leukemia six months later, 3) Social Security assesses your case and finds you disabled as of the date of the diagnosis. If this occurs in your case, the best way to address this problem is obtain a statement from your doctor that even though the diagnosis was made 6 months after you began experiencing disabling symptoms, your doctor is convinced that you suffered leukemia as of the date you last worked (became disabled) – Doctor Statements.

The more severe your symptoms, the greater likelihood Social Security will award disability benefits. Leukemia symptoms typically include weakness, fatigue, easy bruising, and fever. Social Security will review your medical records to determine what your symptoms are and how severely they affect you.

Social Security also looks at your medical records to ascertain your treatment which varies depending on the type and stage of the leukemia but generally includes chemotherapy, radiation therapy, blood and platelet transfusions, and bone marrow or stem cell transplants. The treatment itself causes many disabling symptoms similar to the leukemia itself such as fatigue, sickness, and body aches. Social Security commonly finds claimants are disabled even when they are going through leukemia treatment.

Leukemia Social Security & SSI Listings

The Adult Listing 13.06 and the Child Listing 113.06 require satisfying either 1 or 2:

  1. Acute leukemia; or
  2. Myelogenous leukemia with either a or b:
    1. Accelerated or blast phase, or
    2. Chronic phase.

Compassionate Allowance & TERI: Terminal Disease Case

A leukemia Social Security disability claim can satisfy Social Security’s criteria as a compassionate allowance or TERI claim. In either classification, Social Security will produce a quicker decision – Expedited Cases. A compassionate allowance claim is one that Social Security determines satisfies its definition of disability. A TERI claim is one that involves an impairment that cannot be treated and death is expected.

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