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Can Child Claim Auxiliary Benefits if Disabled Parent Refuses to Apply?

I regularly receive questions about auxiliary Social Security disability benefits.   Often these questions are from divorced persons who are struggling with the cost of raising a child, while the disabled, non-custodial parent has not been cooperative with regard to auxiliary benefits.

Recently I received the following question:

i have a 15 yr old son. my ex husband is dying of cancer. he has not applied for ss , so i was told by ss that i cannot apply until my ex does. in the meantime we r struggling. help. -S

Here is my response:  unfortunately, there is nothing that S can do unless and until her ex-husband applies for disability benefits.  Cancer is a listing level impairment and my experience has been that SSA adjudicators and judges are more likely than not willing to grant benefits.   Further, some cancers are included in Social Security’s compassionate allowance program.  Even if the cancer is treatable, the treatment protocol often lasts 12 months or longer, so a cancer claimant can usually get a closed period even if on-going benefits are not awarded. Continue reading →

Has metastatic cancer – is this enough?

I have terminal colon cancer (stage 4) and the cancer has metastisized into the liver. I was operated on and
had a portion of my colan removed. I am undergoing Chemotherapy once a week. I was wondering if I would be elgible for Social Security Dissability benefits.

–Steve

Jonathan Ginsberg responds: Steve, thank you for writing – I am very sorry to hear about your health problems. Based on what you write, I think that if the SSA adjudicator has any sense at all, she/he should recognize that you appear to meet Listing 13.19 or 13.21. You can find the Cancer listing here. I would suggest that you print it out and take it to your doctor. Ask your doctor for a letter stating that you meet this listing.

This would also be a case that should qualify under the compassionate allowance rules.

The only issue, therefore, is whether you have enough credits to be insured for Title II disability.

Assuming you do, you should be approved at the initial application phase.

Best of luck to you.

–Jonathan

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