QUESTION

Can I claim Social Security Disability benefits if I was diagnosed with cancer as an infant?

Asked on Jul 12th, 2012 on Personal Injury - Oklahoma
More details to this question:
I had cancer when I was 9 months old. I am currently 39. At the age of 9 months my right arm was amputated to stop the spread of the cancer. I have been told that since I never applied or received SSI benefits that I might be entitled to receive the back pay and future SSI disability benefits even though I have been working since 16 because my disability occurred when I was an infant. My cancer was termed, "undifferientated sarcoma" and I have nothing but ribs on my right side (no shoulder, or arm). My father was an Army helicopter and was in Vietnam and exposed to Agent Orange as a medic pilot. There has never been any definitive link between my father, agent orange, and my undifferientated sarcoma, but while he was researching some possible benefits for himself he stumbled on this possibility for me and that is why I am looking into it to see if I am eligible and qualify.
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9 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No.
Answered on May 29th, 2013 at 12:54 AM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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If you can work, I don't believe so.
Answered on Aug 13th, 2012 at 12:03 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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I think you are correct. It's not an easy case, but worth looking into. Contact me.
Answered on Aug 13th, 2012 at 12:03 PM

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Ronald A. Steinberg
To qualify for SSD benefits, you have the burden of proving that you are "unable to engage in any gainful employment." What have you been doing since getting out of school? If you have worked, then you are not "unable to engage..." There are a lot of people who work despite handicaps. Of course, if your condition recurs, that is a totally different story.
Answered on Aug 13th, 2012 at 12:03 PM

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Insurance Defense Attorney serving Kalamazoo, MI at Lewis, Reed & Allen, P.C.
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You would be denied Social Security disability at this time because you are working. If you lost your job and had a medical condition which prevented you from working in addition to your arm, you might qualify for benefits. On the other hand if the only medical problem which you have when you become unemployed is your arm, you would not be considered "disabled" since you have been able to work for many years despite that anatomical loss. You would not be entitled to retroactive benefits because you have been working.
Answered on Aug 13th, 2012 at 12:02 PM

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This is a tough one. You may be in legal never-never land. You have NO evidence to PROVE your case. An unsubstantiated report is NOT proof. New discoveries linking cancer to "things" are coming out all the time. But again NO substantial evidence. You'll not win anything with what you have. You'll have to start a "survivors of agent orange" advocacy group. Then hound your representatives into looking into this. Very very long road.
Answered on Aug 13th, 2012 at 12:02 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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As to Social Security Administration "back benefits" the initial question is whether your condition, either the cancer or amputation, met one of Social Security's listed impairments, which have certain criteria that must be met for a person to qualify, that would entitle you to benefits. If so, you might be entitled to back benefits. I cannot answer whether your condition met one of the listed impairments as there is insufficient information in your Question or Question Detail to answer. As to current or future benefits, if you are currently working full time then you would not be eligible for Social Security benefits now. If you are not working or lose your job, you might be entitled to Social Security Disability benefits although it would be hard to prove you are disabled as you have been working since you were 16 despite the loss not having a right shoulder or arm. I cannot comment on the issue about your father's possible exposure to Agent Orange and your sarcoma as that is beyond the scope of this Law Area.
Answered on Aug 13th, 2012 at 12:01 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would have to have many, many more details in order to form a firm opinion. Generally, SSD is not available to persons who are working such as yourself.
Answered on Aug 13th, 2012 at 12:00 PM

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I am not sure that the facts presented make out a social security claim. Make an appointment and go see an attorney face to face.
Answered on Aug 13th, 2012 at 12:00 PM

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