RE: breast cancer and disability

[National Dialogue Moderator <moderator>]

> Date: Mon, 26 Apr 1999 11:17:33 -0400 (EDT)
> From: frances combs <brministry@clayco.net>
> Subject: breast cancer and disability 
     
	RESPONSE FROM THE SOCIAL SECURITY ADMINISTRATION (SSA):


Definition of disability

The definition of disability in the Social Security law is a strict 
one.  To be eligible for benefits, a person must be unable to do any 
substantial gainful work because of a medical condition that can be 
expected either to last for at least 12 months or to end in death.  A 
diagnosis of cancer does not necessarily meet this definition.  Her 
impairment--or combination of impairments--must be of such severity 
that she is unable to do her previous work and cannot do any other 
work considering her age, education, and work experience.  If the 
evidence indicates that she can do other work, even if it involves 
different skills or pays less than her previous work, she cannot be 
considered disabled for Social Security purposes.


Eligibility for SSI

The Supplemental Security Income (SSI) program provides a basic income 
for needy people who are age 65 or older, blind, or disabled.  A 
person's income and resources must be considered when deciding 
eligibility for SSI.  If a person cannot qualify for SSI payments 
because of income or resources, we do not evaluate the person's 
disability.  Only aged, blind, or disabled people whose income and 
resources are below the established levels are eligible for SSI 
payments.


Evaluation of disability

Under Social Security regulations, a decision as to whether a claimant 
meets this definition of disability is made by a two-person team 
consisting of a physician and a disability evaluation specialist.  The 
team considers all the facts in the case, including medical evidence 
from doctors and hospitals, clinics, or institutions that may have 
treated the claimant.  To arrive at a decision, the team follows a 
"sequential evaluation process," which requires sequential evaluation 
of the claimant's work activity, the severity of her impairments, her 
residual functional capacity, her past work history, and her age, 
education, and work experience.


Breast cancer

SSA does consider breast cancer.  As part of the sequential evaluation 
process, we consider specific evaluation criteria, the "Listing of 
Impairments."  Section 13.09 of the Listings specifies the criteria for 
breast cancer.  The Listing is included in "Disability Evaluation Under 
Social Security" (or "The Blue Book," Publication Number 64-039), which 
is intended primarily for physicians and other health professionals.  
However, this 205-page book can be obtained free of charge by faxing a 
request to the Social Security Administration at 410-965-0696.


--
If you have additional comments or questions about this response,
please post them to the National Dialogue.  If you need additional
information directly from the Social Security Administration, you
may call toll-free at 1-800-772-1213 or visit the SSA home page at
	http://www.ssa.gov   
Highlighted at this site, are the answers to many "Frequently Asked
Questions".