Your opinion: Is cancer a disability?

The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

* You cannot do work that you did before;

* We decide that you cannot adjust to other work because of your medical condition(s); and

* Your disability has lasted or is expected to last for at least one year or to result in death.

This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments- Social Security website

When is cancer a disability under the ADA?

Cancer is a disability under the ADA when it or its side effects substantially limit(s) one or more of a person's major life activities.

Example: Following a lumpectomy and radiation for aggressive breast cancer, a computer sales representative experienced extreme nausea and constant fatigue for six months. She continued to work during her treatment, although she frequently had to come in later in the morning, work later in the evening to make up the time, and take breaks when she experienced nausea and vomiting. She was too exhausted when she came home to cook, shop, or do household chores and had to rely almost exclusively on her husband and children to do these tasks. This individual's cancer is a disability because it substantially limits her ability to care for herself.

Example: A telephone repairman with an advanced form of testicular cancer has chemotherapy and surgery that render him sterile. He is an individual with a disability under the ADA because he is substantially limited in the major life activity of reproduction.

Even when the cancer itself does not substantially limit any major life activity (such as when it is diagnosed and treated early), it can lead to the occurrence of other impairments that may be disabilities. For example, sometimes depression may develop as a result of the cancer, the treatment for it, or both. Where the condition lasts long enough (i.e., for more than several months) and substantially limits a major life activity, such as interacting with others, sleeping, or eating, it is a disability within the meaning of the ADA.

Cancer also may be a disability because it was substantially limiting some time in the past.

Example: A company president was hospitalized for 30 days immediately following his diagnosis of blood cancer. Because his treatment, which included chemotherapy and a bone marrow transplant, weakened his immune system he was unable to care for himself for six months and had to avoid interactions with almost everyone except his doctors, nurses, and immediate family members. This individual has a record of a disability.

Finally, cancer is a disability when it does not significantly affect a person's major life activities, but the employer treats the individual as if it does.

Example: An individual with a facial scar from surgery to treat skin cancer applies to be an airline customer service representative. The interviewer refuses to consider him for the position because she fears that his scar will make customers uncomfortable. In basing her decision not to hire on the presumed negative reactions of customers, the interviewer is regarding the applicant as substantially limited in working in any job that involves interacting with the public.

Example: After making a job offer, an employer learns that an applicant's genetic profile reveals an increased susceptibility to colon cancer. Although the applicant does not currently have and may never in fact develop colon cancer, the employer withdraws the job offer solely based on concerns about productivity, insurance costs, and attendance. The employer is treating the applicant as if he has a disability.

Under the ADA, the determination of whether an individual currently has, has a record of, or is regarded as having a disability is made on a case-by-case basis.

Is Cancer A Disability

Yes, I would say it is a disability. The gov considers me 100% disabled. I cannot work (I have tried a couple times over the last 3 years of dealing with cancer... I simply cant, my body isnt strong enough). The chemo has caused mild brain damage, and the radiation has left me infertile. All sorts of other people with the same issues are considered disabled, why not me?

I think it is really a thing of 'political correctness'. Cancer patients dont want to be disabled, dont want to be victims and get offended when someone says they are. I on the other hand recognize that my cancer HAS disabled me, and that it is nothing to be ashamed of.

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No, cancer itself is not a disability. It can CAUSE a person to become disabled if it advances to the point that it interferes with the daily activities of life, but not all cancer does so.

I am a two time breast cancer survivor and have not become disabled at all. Though, it IS possible that if the cancer reoccurs again and spreads that it could cause me to become sick enough that I would be disabled.

Disability is generally defined by state and Federal laws as the inability to work for more than a year (or sometimes longer in some states) due to an illness or physical condition. For Social Security the definition is: "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

So, the diagnosis of cancer itself is not relevant - a person with cancer is disabled only if they cannot work for a year or more.

No, cancer is not a disability but a disease that disrupts lives and kills. I have had cancer and never once thought of it as a disability but more like an invasion.

My niece who is 28 years old, was diagnosed with stage four breast cancer that had metastisized to her spine. Since she was unable to work anylonger, she applied for social security disability, she was approved and just recieved her first check the first part of this month. So the federal government considered her cancer a disability.

no.. I have several family members with cancer and they work and go about life. It is a deadly disease, but to some is disabling...others no

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