Unfortunately, I sometimes deal with clients who have terminal illnesses. You might think that having a terminal illness would automatically qualify for Social Security disability benefits but this is not always the case. The agency will want certain objective medical evidence, which must meet their specific requirements before they will approve a claim.
Social Security avoids the term "terminal illness." They refer to such cases as TERI claims - "a medical condition that is untreatable and likely to result in death."
Your attorney or disability representative will know what evidence must be submitted. If the claimant or a family member is handling the claim themselves, here is what must be done.
Have your doctor submit a letter stating that the patient has a severe illness that is likely to result in death. Doctors will usually resist writing this kind of letter until all medical treatment has been exhausted.
Further, ask the doctor to submit all objective medical evidence, including laboratory tests, imaging and treatment notes. If cancer is involved, Social Security will want a copy of the biopsy report or medical test which confirms the diagnosis.
A terminal illness may qualify for disability benefits under the following statutory guidelines:
LISTING LEVEL IMPAIRMENT: The medical condition is so severe that it meets or equals a published listing and automatically qualifies for benefits.
COMPASSIONATE ALLOWANCE: Social Security has listed over 200 diseases which, upon diagnoses and confirmation, automatically meet their requirements for disability benefits. You can view the list of medical conditions that qualify for a compassionate allowance award at the following link:
https://www.ssa.gov/compassionateallowances/cal_faqs.htm
For personal help with a Social Security disability claim, please contact us at the Forsythe Firm. (256) 799-0297 or (256) 431-1599.
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