Exposure to asbestos fibers can lead to the
development of mesothelioma which is a form
of cancer. The most common form is pleural mesothelioma, which develops in the
tissue surrounding the lungs. More
than 2,000 people are diagnosed with this form of cancer each year.
It is possible to file a lawsuit against those
responsible for your exposure to asbestos fibers. The possible modes of recovery
include a settlement, winning the lawsuit, or, if the company has filed for
bankruptcy, successfully making a trust fund claim. However, it is also
possible that the development of mesothelioma will make an individual eligible
for disability benefits.
Social Security Administration
The Social Security Administration (SSA)
publishes a Listing of Impairments to aid in the evaluation of claims for
disability. Under §13.15, there are two forms of mesothelioma listed under the
category of impairments. They include:
1.
Malignant mesothelioma of the pleura; or
2.
Tumors of the mediastinum with metastases
spreading to or beyond the regional lymph nodes or recurrent following initial
treatment.
If an individual has either of these forms of
mesothelioma, he or she will be considered disabled. For these purposes,
“disabled” means a person has an impairment that prevents them from working.
Compassionate Allowances
The SSA recognizes that in some circumstances, it
is critically important for an individual to obtain benefits as quickly as
possible. As a result, the SSA processes certain claims faster than others if
the disease or condition is easily documented and very serious. There are two
forms of mesothelioma that are considered compassionate allowance conditions:
peritoneal and pleural. If a person has either of these forms of mesothelioma,
their claim will be processed quickly, assuming all other eligibility
requirements for disability benefits have been met.
Residual Functional Capacity
For individuals who have a condition that may
allow them to work, the SSA determines a person’s residual functional capacity
(RFC). A low RFC would indicate that there are very few, if any, jobs a person
could perform, given that person’s condition. To determine RFC, the SSA
considers:
1.
the individual’s statements on the
limitations caused by the condition;
2.
the opinion of the individual’s doctor on
the limitations caused by the condition; and
3.
the individual’s medical records.
Using the RFC, a determination is made as to whether
a person could perform a job that he or she has performed in the past. If this
is possible, the disability claim will be denied. If a person cannot perform
work that he or she did in the past, a determination will be made as to whether
that person can perform other work, given the person’s RFC, age, education, and
skills. If a person is deemed incapable of working, he or she will receive
benefits known as a medical-vocational allowance.
Mesothelioma Attorneys
If you have had to quit working as a result of
mesothelioma, you may be faced with financial uncertainty. It is important to
remember that there are several ways in which you can receive the compensation
you need during this difficult period. At the Throneberry Law Group, we have
the experience to help you explore all of your legal options. If you have any
questions, please don’t hesitate to contact us.
