To meet Listing 13.10, you need documented evidence of locally advanced breast cancer, distant metastases, or recurrent disease that does not remit with therapy. The Social Security Administration (SSA) also considers secondary lymphedema requiring surgery. Most denials happen because medical records fail to clearly document the extent of your cancer or the specific functional limitations caused by treatment. Getting your oncologist to tie your clinical findings to your inability to work is essential, and an attorney can help you build this case.
What this listing covers
Breast cancer is a malignant disease originating in breast tissue. It involves the uncontrolled growth of abnormal cells that can invade surrounding tissues or spread to other parts of your body through the lymphatic system or bloodstream.
The condition often causes significant physical limitations, including pain, fatigue, and restricted range of motion in your arms. Treatment regimens like surgery, chemotherapy, and radiation can further impact your ability to lift, reach, or sustain the focus required for full-time work.
How SSA evaluates a claim under this listing
Under Listing 13.10, the Social Security Administration evaluates your breast cancer based on its extent and the effectiveness of your treatment. They look for evidence of locally advanced disease, such as inflammatory carcinoma or cancer that has spread to your chest wall, skin, or specific lymph nodes.
The SSA also considers recurrent carcinoma or cases involving small-cell carcinoma. Additionally, they evaluate secondary lymphedema resulting from your cancer treatment if it requires surgery to restore upper extremity function. An attorney can help you document these requirements to ensure your claim is processed correctly.
Evidence that strengthens a claim
Your claim relies on detailed medical records, including pathology reports and operative notes from your biopsies or surgeries. Imaging studies that document the size, site, and extent of your primary lesion or any metastases are essential for establishing the severity of your impairment.
Documentation of your treatment history is equally important. This includes records of your chemotherapy, radiation, or hormone therapy, along with notes on how your body responded to these treatments. Statements from your oncologist regarding persistent side effects or functional limitations provide critical context for your claim, and an attorney can help you gather this evidence.
Why claims fail
Many claims are denied because your medical evidence fails to clearly link the cancer's stage or your treatment's side effects to specific functional limitations. If your records are incomplete or lack recent pathology reports, the SSA may be unable to verify the severity of your disease. Furthermore, failing to document the duration of your condition or the failure of initial treatment regimens often leads to a denial, but an attorney can help you address these gaps.
How an attorney helps
A disability attorney helps by ensuring your medical records are organized and directly aligned with the criteria in Listing 13.10. They can assist in obtaining detailed functional capacity statements from your doctors to illustrate how your symptoms prevent you from working. By managing the appeals process and preparing you for potential hearings, an attorney ensures that your claim presents the most compelling evidence of your disability to the SSA.
