Showing posts with label cancer. Show all posts
Showing posts with label cancer. Show all posts

Monday, June 22, 2015

Social Security Amends its Cancer Listing: Section 13.00

Over the years the Social Security listing that pertains to cancers has been known as the listing for "Malignant Neoplastic Diseases".  This listing is contained in Section 13.00.  A few days ago, the SSA made several amendment to this listing and finally renamed it as the "Cancer" listing.
One of the changes of this listing is that it recognizes that treating sources, other than MD's, can provide valid documentation of multimodal therapy.  The new rule states: "While an acceptable medical source may provide this evidence, our existing policy allows us to accept evidence from other medical sources to establish the impairment's severity.  For example, this evidence may come from sources we do not consider acceptable medical sources, such as oncology nurse practitioners who administer chemotherapy and radiation therapists who deliver radiation treatments."
Also, Section 13.00I.6 was amended to change the definition of the term "progressive cancer". Before, progressive cancer was described as a cancer where "malignancy becomes more extensive after treatment".  The new rule states instead: "progressive means the cancer becomes more extensive after treatment; that is, there is evidence that your cancer is growing after you have completed at least half of your planned initial anticancer therapy."
The amendment to the listing also makes amendment to how specific types of cancers are evaluated. Here are some examples:
Primary breast cancer evaluations will under go some changes under the new listing. For example, Secondary lymphedema resulting from anticancer therapy is evaluated under 13.10E if the secondary lymphedema is treated by surgery, but the onset of disability can be earlier that the date of surgery if there is enough evidence to that effect.
Primary peritoneal carcinoma is evaluated under 13.24E for women and 13.15 for men.
Skin cancer listing at section 13.03 was amended to exclude malignant melanoma and directs adjudicators the new section 13.29 to evaluate this cancer.


Monday, December 17, 2012

35 More Compasionate Allowances Added by the Social Security Adminstration


Social Security has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards.

Compassionate Allowances (CAL) are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information. Compassionate Allowances allow Social Security to target the most obviously disabled individuals for allowances based on objective medical information that we can obtain quickly.

 
This month, the Social Security Adminstration added 35 more compassionate allowances, bringing the total number of such conditions in the expedited disability process to 200.  The new conditions include: rare diseases, cancers, traumatic brain injury (TBI) and stroke, early-onset Alzheimer's disease and related dementias, schizophrenia, cardiovascular disease and multiple organ transplants and autoimmune diseases.
 
Note: Conditions highlighted in Red are effective December 1, 2012.
 
Acute Leukemia
Adrenal Cancer - with distant metastases or inoperable, unresectable or recurrent
Adult Non-Hodgkin Lymphoma
Adult Onset Huntington Disease
Aicardi-Goutieres Syndrome
Alexander Disease (ALX) - Neonatal and Infantile
Allan-Herndon-Dudley Syndrome
Alobar Holoprosencephaly
Alpers Disease
Alpha Mannosidosis - Type II and III
Alstrom Syndrome
Alveolar Soft Part Sarcoma
Amegakaryocytic Thrombocytopenia
Amyotrophic Lateral Sclerosis (ALS)
Anaplastic Adrenal Cancer - with distant metastases or inoperable, unresectable or recurrent
Angelman Syndrome
Aortic Atresia
Aplastic Anemia
Astrocytoma - Grade III and IV
Ataxia Telangiectasia
Batten Disease
Beta Thalassemia Major
Bilateral Optic Atrophy- Infantile
Bilateral Retinoblastoma
Bladder Cancer - with distant metastases or inoperable or unresectable
Breast Cancer - with distant metastases or inoperable or unresectable
Canavan Disease (CD)
Carcinoma of Unknown Primary Site
Caudal Regression Syndrome - Types III and IV
Cerebro Oculo Facio Skeletal (COFS) Syndrome
Cerebrotendinous Xanthomatosis
Child Neuroblastoma - with distant metastases or recurrent
Child Non-Hodgkin Lymphoma - recurrent
Child T-Cell Lymphoblastic Lymphoma
Chondrosarcoma - with multimodal therapy
Chronic Myelogenous Leukemia (CML) - Blast Phase
Congenital Lymphedema
Cornelia de Lange Syndrome
Corticobasal Degeneration
Creutzfeldt-Jakob Disease (CJD) – Adult
Cri du Chat Syndrome
Degos Disease - Systemic
DeSanctis Cacchione Syndrome
Dravet Syndrome
Early-Onset Alzheimer’s Disease
Edwards Syndrome (Trisomy 18)
Eisenmenger Syndrome
Endometrial Stromal Sarcoma
Endomyocardial Fibrosis
Ependymoblastoma (Child Brain Tumor)
Erdheim Chester Disease
Esophageal Cancer
Ewing Sarcoma
Farber's Disease (FD) – Infantile
Fatal Familial Insomnia
Fibrodysplasia Ossificans Progressiva
Follicular Dendritic Cell Sarcoma - metastatic or recurrent
Friedreichs Ataxia (FRDA)
Frontotemporal Dementia (FTD), Picks Disease -Type A – Adult
Fryns Syndrome
Fucosidosis - Type 1
Fukuyama Congenital Muscular Dystrophy
Fulminant Giant Cell Myocarditis
Galactosialidosis - Early and Late Infantile Types
Gallbladder Cancer
Gaucher Disease (GD) - Type 2
Glioblastoma Multiforme (Adult Brain Tumor)
Glioma Grade III and IV
Glutaric Acidemia - Type II
Head and Neck Cancers - with distant metastasis or inoperable or unresectable
Heart Transplant Graft Failure
Heart Transplant Wait List - 1A/1B
Hemophagocytic Lymphohistiocytosis (HLH) - Familial Type
Hepatoblastoma
Hepatopulmonary Syndrome
Hepatorenal Syndrome
Histiocytosis Syndromes
Hutchinson-Gilford Progeria Syndrome
Hydranencephaly
Hypocomplementemic Urticarial Vasculitis Syndrome
Hypophosphatasia Perinatal (Lethal) and Infantile Onset Types
Hypoplastic Left Heart Syndrome
I Cell Disease
Idiopathic Pulmonary Fibrosis
Infantile Free Sialic Acid Storage Disease
Infantile Neuroaxonal Dystrophy (INAD)
Infantile Neuronal Ceroid Lipofuscinoses
Inflammatory Breast Cancer (IBC)
Jervell and Lange-Nielsen Syndrome
Junctional Epidermolysis Bullosa - Lethal Type
Juvenile Onset Huntington Disease
Kidney Cancer - inoperable or unresectable
Krabbe Disease (KD) – Infantile
Kufs Disease - Type A and B
Large Intestine Cancer - with distant metastasis or inoperable, unresectable or recurrent
Late Infantile Neuronal Ceroid Lipofuscinoses
Left Ventricular Assist Device (LVAD) Recipient
Leigh’s Disease
Leiomyosarcoma
Lesch-Nyhan Syndrome (LNS)
Lewy Body Dementia
Lissencephaly
Liver Cancer
Lowe Syndrome
Lymphomatoid Granulomatosis - Grade III
Malignant Brain Stem Gliomas – Childhood
Malignant Gastrointestinal Stromal Tumor
Malignant Germ Cell Tumor
Malignant Melanoma - with metastases
Malignant Multiple Sclerosis
Mantle Cell Lymphoma (MCL)
Maple Syrup Urine Disease
Mastocytosis - Type IV
MECP2 Duplication Syndrome
Medulloblastoma - with metastases
Menkes Disease - Classic or Infantile Onset Form
Merkel Cell Carcinoma - with metastases
Merosin Deficient Congenital Muscular Dystrophy
Metachromatic Leukodystrophy (MLD) - Late Infantile
Mitral Valve Atresia
Mixed Dementias
MPS I, formerly known as Hurler Syndrome
MPS II, formerly known as Hunter Syndrome
MPS III, formerly known as Sanfilippo Syndrome
Mucosal Malignant Melanoma
Multicentric Castleman Disease
Multiple System Atrophy
Myoclonic Epilepsy with Ragged Red Fibers Syndrome
Neonatal Adrenoleukodystrophy
Nephrogenic Systemic Fibrosis
Neurodegeneration with Brain Iron Accumulation - Types 1 and 2
NFU-1 Mitochondrial Disease
Niemann-Pick Disease (NPD) - Type A
Niemann-Pick Disease-Type C
Nonketotic Hyperglycinemia
Non-Small Cell Lung Cancer - with metastases to or beyond the hilar nodes or inoperable, unresectable or recurrent
Obliterative Bronchiolitis
Ohtahara Syndrome
Ornithine Transcarbamylase (OTC) Deficiency
Orthochromatic Leukodystrophy with Pigmented Glia
Osteogenesis Imperfecta (OI) - Type II
Osteosarcoma, formerly known as Bone Cancer - with distant metastases or inoperable or unresectable
Ovarian Cancer – with distant metastases or inoperable or unresectable
Pancreatic Cancer
Paraneoplastic Pemphigus
Patau Syndrome (Trisomy 13)
Pearson Syndrome
Pelizaeus-Merzbacher Disease-Classic Form
Pelizaeus-Merzbacher Disease-Connatal Form
Peripheral Nerve Cancer - metastatic or recurrent
Peritoneal Mesothelioma
Peritoneal Mucinous Carcinomatosis
Perry Syndrome
Phelan-McDermid Syndrome
Pleural Mesothelioma
Pompe Disease – Infantile
Primary Cardiac Amyloidosis
Primary Central Nervous System Lymphoma
Primary Effusion Lymphoma
Primary Progressive Aphasia
Progressive Multifocal Leukoencephalopathy
Progressive Supranuclear Palsy
Pulmonary Atresia
Pulmonary Kaposi Sarcoma
Retinopathy of Prematurity - Stage V
Rett (RTT) Syndrome
Rhabdomyosarcoma
Rhizomelic Chondrodysplasia Punctata
Roberts Syndrome
Salivary Tumors
Sandhoff Disease
Schindler Disease - Type 1
Severe Combined Immunodeficiency - Childhood
Single Ventricle
Sinonasal Cancer
Small Cell Cancer (of the Large Intestine, Ovary, Prostate, or Uterus)
Small Cell Lung Cancer
Small Intestine Cancer - with distant metastases or inoperable, unresectable or recurrent
Smith Lemli Opitz Syndrome
Spinal Muscular Atrophy (SMA) - Types 0 and 1
Spinal Nerve Root Cancer-metastatic or recurrent
Spinocerebellar Ataxia
Stiff Person Syndrome
Stomach Cancer - with distant metastases or inoperable, unresectable or recurrent
Subacute Sclerosing Panencephalitis
Tabes Dorsalis
Tay Sachs Disease - Infantile Type
Thanatophoric Dysplasia - Type 1
The ALS/Parkinsonism Dementia Complex
Thyroid Cancer
Transplant Coronary Artery Vasculopathy
Tricuspid Atresia
Ullrich Congenital Muscular Dystrophy
Ureter Cancer - with distant metastases or inoperable, unresectable or recurrent
Usher Syndrome - Type I
Walker Warburg Syndrome
Wolf-Hirschhorn Syndrome
Wolman Disease
Xeroderma Pigmentosum
Zellweger Syndrome

Monday, November 19, 2012

Lyme Disease and Social Security Disability

Lyme Disease is the fastest growing infectious disease in the country!  I was recently shocked to hear that Lyme cases by far outnumber those of AIDS, West Nile virus, swine and avian flu combined.
 
Unfortunately, the Social Security Administration is a slow bureaucracy and it seems like it takes the agency an eternity to get the latest news.  Despite the prevalence of Lyme Disease in the U.S., the agency has failed to develop consistent guidelines or rulings to evaluate claims involving this condition.  For example, Lyme Disease has not been included in the SSA's Listing of Impairments.  Moreover, no rulings have been issued setting forth how cases involving this condition must be evaluated.  Lyme disease disability claims are currently evaluated under Listing 14.09D Inflammatory Arthritis.  Obviously, this is not a very precise listing for Lyme disease.
 
The lack of adequate guidelines makes it difficult for Social Security Claimants who suffer from Lyme Disease to win Social Security Disability Benefits.   However, persons who suffer from Chronic Lyme Disease should not be discouraged from applying for disability benefits.  Cases can still be won if the claimant is able to demonstrate that his or her condition meets the Social Security definition of disability.  As time goes by, it seems that judges and other examiners at the SSA are becoming more aware of the serious nature of Chronic Lyme Disease.  With the proper medical documentation, a competent Social Security Disability Lawyer should be able to show the serious limitations suffered by those who suffer from this disease, such as the cognitive impairments that occur when it is untreated for a long period of time. 
 
Finally, I would like to add that there is a group of advocates who work on behalf persons who suffere from Lyme Disease, who are petitioning the Social Security Administration to include Lyme Disease in the "Blue book" of Listings of Impairments.  Please visit the enclosed link and sign the petition: https://www.change.org/petitions/social-security-administration-include-lyme-disease-in-the-ssa-s-blue-book

Monday, October 29, 2012

Dead SSI Claimant is Told that He Can Work


Harley Christopher Andrews, a young man from the Orlando Metropolitan Area, died on September 2nd from an agressive form of cancer known as glioblastoma multiforme.  In addition to having to fight cancer for the last three years of his life, he also had to fight the Social Security Adminstration which denied him disability benefits. 
"He was having seizures, and his whole left side was going paralized" as a result of the brain tumor.  "He could not work", his mother Wendy told the Orlando Sentinel.
Twelve months after her son's death, she received a letter from the Social Security Administration.  The letter which was addressed to her son stated:  We're writing to let you know that we have made a disability hearing decision on your case.  Our decision: we find that your condition has improved and you are capable of working". 
This letter is just one of several "form letters" sent to Social Security claimants throught the nation.  I constantly receive angry calls and emails from claimants in Connecticut and Massachussets who are frustrated when they receive a decision from the SSA such as the one sent to the decesased claimant in Orlando. 
The tragic nature of the story of Harley Chrisopher Andrews shows how little effort the SSA makes to investigate cases and make well informed disability determinations. 
Glioblastoma brain tumors have one of the worst progmosis of any central nervous system cancers.  Prognosis is very poor with a median survival time of approximately 12-14 months and is almost invariably fatal. 
It is totally inexcusable why the Social Security Adminstration failed to award benefits to this claimant.  The tragedy endured by this young cancer victim and his family should serve as a wake up call to those who have failed to acknowlege the plight of thousands of other claimants are who routinely denied disability benefits without a valid basis.
Social Security Claimants: don't give up when you get a discouraging letter from the Social Security Adminstration such as the one received by Harley Christopher Andrews' mom.  Fight for your benefits.  Consider hiring a lawyer.  Most Social Security Disability Lawyers like me, don't charge any legal fees unless we are able to win benefits for you.     

Monday, October 22, 2012

Serving Latinos Over 50: An Essential Part of Our Mission


      I just got back from a Social Security Disability Law conference in Seattle, Washington.  During my stay in the Pacific Northwest, I had the opportunity to share my experiences as a disability attorney with other colleagues and continue to learn about the ever more complex SSI and SSDI process.  I came back thoroughly convinced of how important the Social Security Disability Programs are for our Latino Community, particularly those over 50.
        Never before in history has the U.S. contained so many older people.  Today, one out of every 9 Americans is "old"—another former youth turns 50 every 8 seconds.  January 2011 ushered in the first of approximately 77 million Baby Boomers, born from 1946 through 1964 and surging toward the gates of retirement.  Latinos, in particular, make up the fastest segment of this aging population.  An article published by the Washington State University concluded that: “Elderly Hispanics now represent the fastest-growing population currently at or near retirement.”  By 2050, Hispanics will make up 20 percent of the elderly population, up from 7 percent in 2010, according to Census data.
     As we age, our chances of becoming disabled and unable to work increase.  For example, a fifty year old person is twice more likely to become disabled than a 40 year old.  The chances become even greater in persons who have performed physical labor throughout their life --the type of work most commonly found by our forefathers when they came to this country. Given these figures, it is easy to understand why so many Latino(a)s who are between the ages of 50 and 65 need the safety net provided by the Social Security Disability programs (SSI / SSDI). 
     As I enjoyed the great apples from Yakima Valley and sipped the wonderful wines of Walla Walla County, I was reminded of the many Latino(a) workers who have thrown their backs and busted their knees working in farms in Washington State and  across the U.S.  Now, it is our moral obligation to support those who can no longer work as a result of a medical condition or injury.