People living with lung cancer disability face serious health challenges. If you are unable to work and provide for yourself or your family because of lung disease, we encourage you to request a Free Consultation with a lawyer at our firm.
We are here to help protect people from wrongly denied claims by Social Security and Veteran’s disability programs, and from insurance company tactics to deny and discredit disability claims for lung cancer.
Lung Diseases and Disorders
The number one cause of cancer deaths in the U.S. is lung cancer. The two primary types of lung cancer are:
- Non-small cell lung cancer (the most common)
- Small cell lung cancer
Lung cancer can also begin somewhere else in the body, and spread to the lungs.
Causes of lung diseases and disorders include:
- Smoking – the leading cause
- Second-hand smoke
- Asbestos exposure
- Exposure to toxic chemicals and carcinogens
- Air pollution
- Radiation therapy
Proving Lung Cancer Disability on a LTD Insurance Claim
Lung cancer is a valid reason to apply for benefits from a disability insurance policy. Unfortunately, many insurance companies are experts at denying claims.
At Marc Whitehead & Associates, we understand how long term disability insurance works and why insurers deny benefits. When you hire our law firm, you are represented by skilled professionals with a distinguished reputation and an extended history of successful appeals.
Lung cancer disability claims can be complicated and are governed by various laws and regulations, both state and federal. Our attorneys are highly qualified with years of long term disability and ERISA claim experience, demanding justice from big insurance.
Insurance companies resort to a myriad of reasons to avoid paying claims, from claiming that your application is defective, to questioning the severity of your symptoms, even your credibility.
Just as devastating as denials are delays of claims. Insurance providers will repeatedly request additional information, demand that you see “their” doctor, or unreasonably delay their review of your claim. You are due a prompt response and review by the insurer.
Our disability attorneys have a wealth of experience handling billion-dollar insurance companies. Learn how we can help you secure the disability compensation you deserve, and let us help you fight back.
Winning Lung Cancer Disability Benefits under Social Security
The Social Security Listing of Impairments identifies lung cancer under the category for Malignant Neoplastic Diseases, under the listing 13.14 Lungs.
The definition of disability under Social Security differs from other disability programs and insurance policies. Social Security pays for total disability; it does not pay benefits for partial or short-term disability.
Social Security Disability benefits are based on the fact that you can no longer work. Under Social Security rules, you are disabled if you cannot perform the work you did before your cancer, and it is determined you cannot adapt to other work because of your condition.
To receive benefits, disability due to lung cancer must be expected to last for at least one year or to result in death.
The SSA recognizes lung cancer disability through its Compassionate Allowances program for patients who are in the advanced stages of cancer, specifically:
- Non-Small Cell Lung Cancer – with metastases (spreading) to or beyond the hilar nodes or inoperable, unresectable (unable to be removed with surgery) or recurrent
- Small Cell Lung Cancer
Most people with lung disease assume that their application will be automatically approved, and are shocked when Social Security denies their claim.
A denial of a claim for lung cancer disability benefits is often due to inadequate medical evidence, an insufficient claim, errors on the part of the SSA, or even a lack of knowledge on the part of the person reviewing the file.
Board Certified in Social Security Disability law, our attorneys will correct your claim, get it back on track, or appeal the denial to ensure that your claim proceeds swiftly and without interruption.
Allow us to review your claim and answer your question with a free consultation.
Veterans in Need of Lung Cancer Disability Benefits
The VA uses a disability rating schedule to aid them in determining how much function is lost and what the rating percentage should be for a service-connected disability. With lung cancer evaluations, laboratory test results will also play a role in measuring a veteran’s lack of function.
Military veterans diagnosed with lung cancer may be eligible for medical disability payments if the illness is service-related.
Veterans who served in the Asian theater during the Vietnam War and later develop lung cancer should be eligible for VA benefits. Exposure to Agent Orange has been linked to the development of lung and other cancers. According to government policy, all veterans who served in Vietnam and adjacent waters are presumed to have been exposed to Agent Orange.
Also, for veterans who took part in “radiation risk activities” while on active duty, active duty for training, or inactive duty training, lung cancer is presumed to be service-connected.
In many cases, veterans need experienced attorneys familiar with the complications of the VA disability system and with a record of excellence in serving U.S. veterans for many years. The Accredited Veterans Claim attorneys at Marc Whitehead & Associates excel in this area of law, and are honored to help deserving veterans receive the maximum benefits our country owes them.
Legal Help for Lung Cancer Disability Claims
If you are no longer able to work because of lung cancer and your claim for disability was denied, we are able to help in ways that many other law firms cannot. We serve clients across the United States, and offer a free initial consultation and case evaluation.
Call our attorneys toll free at 800-562-9830 and ask a lawyer a question about your claim for disability benefits now.
We represent individuals suffering from many medical conditions.