When Does Breast Cancer Qualify for Compassionate Allowance?

When Does Breast Cancer Qualify for Compassionate Allowance?

Are you recently diagnosed with breast cancer and you’re wondering whether you may qualify for Social Security disability benefits?

My name is Kaitlin Wildoner and I’m an attorney who helps disabled clients obtain their disability benefits as quickly as possible so they can focus on getting better. 

In this video, we discuss when a breast cancer diagnosis can qualify you for Social Security disability benefits through the compassion allowance program. Breast cancer forms in the tissues of the breast – often in the ducts and lobules. It can occur in both men and women, although male breast cancer is rare. Individuals with breast cancer that meet the criteria under the listings, unfortunately often have a poor prognosis.

The diagnosis of breast cancer is made by clinical breast exam and imaging tests, such as a mammogram, an ultrasound, or an MRI. A needle or incisional biopsy will often confirm the diagnosis. Individuals that have listing level severity of breast cancer may present with a breast lump or changes in their breast size or shape skin, dimpling, or other skin changes, such as any type of thickening, swelling, redness. 

Signs of metastatic spread may include: breathing difficulties, bone pain, abdominal distension, jaundice, localized neurological signs, and sometimes altered cognitive function or headaches. Social Security reviews breast cancer disability cases under listing 13.10A 13.10B and 13.10C. 

In order to meet 13.10A, the medical records need to show a locally advanced cancer. To meet listing 13.10B, the medical records need to show carcinoma with metastases to the supraclavicular or intraclavicular nodes (up to 10 or more axillary nodes) or with distant metastases. 

Finally, to meet 13.10C, the medical records need to show recurrent carcinoma (except a local recurrence) that remits with anti-cancer therapy.

Social Security suggests that the following medical records be reviewed in cases that involve a breast cancer diagnosis: the clinical history and the examinations that describe the diagnostic features of the impairment, summaries of hospitalization and medical reports, pathology and operative reports.  

Thanks so much for watching. If you’re disabled and unable to work, click the scheduling link here or give us a call directly for a free consultation where we discuss your case and see what I can do to help you.