Cancer and Disability: What to Know
Cancer can be scary to think about, but the realities of living with cancer, especially during treatment, can be just as scary as the diagnosis itself. Many working-age people will be diagnosed, some while they are primary household earners for themselves or family dependents.
Questions about income, job security, workplace accommodations, and ability to qualify for disability can feel overwhelming. Trying to manage those questions right after receiving difficult health news only compounds the challenges of the situation. Here is some helpful information for anyone who needs to know the basics of disability payments and cancer.
What Is Required of Employers
Unfortunately, employers are not required to provide short- or long-term disability coverage. Disability coverage is considered a benefit of employment, not a requirement. Cancer patients who work at a company with over fifty employees may qualify for twelve weeks of unpaid leave under the Family and Medical Leave Act (FMLA).
While a cancer patient cannot be legally fired from a position because of their cancer, the worker must be able to perform the functions of their job. Any accommodation requested is at the discretion of the employer and not legally required.
Short Term v. Long Term Disability
In simple terms, the federal government only provides long term disability insurance, and no short-term disability relief. Short term disability is generally available through private means, provided by an employer as a benefit, or purchased by the policy owner out-of-pocket.
Five states currently offer some type of short-term disability coverage (those are California, Hawaii, New Jersey, New York, and Rhode Island, as well as Puerto Rico). The specifics of what is covered and who qualifies vary from state to state.
Short term disability insurance is typically defined as six months or less, though may be extended up to one year in some very limited policies. Long term disability is reserved for people who are expected to remain disabled for anything over one year.
Short term disability payments are typically a portion of salary paid out each month. The percentage varies depending on employer and policy, but averages somewhere around 50%. Consult directly with your employer to determine if short term disability coverage is part of your employee benefits package.
Qualifying for Long Term Disability
It can feel daunting for cancer patients to meet the strict requirements to qualify for disability coverage. There are few hard and fast rules, as some policies are owned by private companies and vary based on location, but general guidelines to qualify for long term disability insurance answer these questions:
Are you able to work?
Is your condition severe enough to prevent basic work-related activities like walking, standing, sitting, lifting, remembering, etc.?
Can you do the work you were hired to do?
If you cannot do that work, is there other work you can do?
Will your disability related to being unable to work last at least one year or result in your death?
Federal Long Term Disability Options
There are two federal programs that provide long term disability coverage for some cancer patients. Those are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
To qualify for SSDI, you must have a qualifying disability and have worked and earned enough to qualify. Benefits come from a fund that you have been paying into through wage earnings across your work years. This disability plan is associated with Medicare.
To qualify for SSI, no work history or income minimum is required. It is needs based, meaning if you are disabled and fall below a certain income level, you may qualify. This disability plan is associated with Medicaid and varies from state-to-state.
Both federal programs are administered by the Social Security Administration and you apply for both at the same time. The government will determine which, if any, long term disability benefits you qualify for. Qualification determination for some cancer patients may be expedited through the Compassionate Allowances Program.
What If You Are Denied Disability Benefits?
There are two avenues to explore if your short- or long-term disability benefits have been denied. One is to look for online or local resources and the other is to hire a disability lawyer who can help navigate the appeals process.
Because it is common for initial disability applications to be denied, appeals are often successful, but only when cancer patients are informed and able to advocate for themselves. The Wellness House in Hinsdale, Illinois refers its guests to these two valuable resources for cancer patients who work and need to navigate questions about disability coverage:
Triage Cancer – provides “free education on legal and practical issues that impact individuals diagnosed with cancer”
Cancer and Careers – provides “expert advice, interactive tools, and educational events for people with cancer”
Srilata Gundala, MD is the owner and founder of Hope & Healing Cancer Services in Hinsdale and sees the stress financial concerns can have on her patients, “Worries about maintaining employment and losing a job because of cancer treatment is the last thing I want for my patients, but the stress and reality of these worries cannot be ignored. As always, talk to your doctor and let them know what your concerns are. Having a plan and knowing your resources can minimize these stressors.”
Written By: Sheila Quirke, MSW
Reviewed By: Srilata Gundalal, MD
