To meet Listing 13.28, you must document your bone marrow or stem cell transplant and the associated treatment plan. Social Security Administration (SSA) considers you disabled for at least 12 months following the procedure. Most denials occur because the medical record fails to clearly document the transplant timeline or the severity of post-treatment residuals. An attorney can help you ensure your medical records clearly link your transplant date to your ongoing functional limitations.
What this listing covers
Bone marrow and stem cell transplants are intensive medical procedures used to treat various cancers, including leukemia, lymphoma, and multiple myeloma. These treatments involve replacing damaged or diseased bone marrow with healthy stem cells to allow your body to produce new, healthy blood cells after high-dose chemotherapy or radiation.
The recovery process is physically demanding and often requires a long period of isolation to prevent infection. You may experience extreme fatigue, immune system suppression, and complications like graft-versus-host disease, which can make it impossible to maintain a consistent work schedule or perform basic physical tasks for an extended time.
How SSA evaluates a claim under this listing
Under Listing 13.28, the SSA evaluates your claim based on the type of transplant you received. Whether you underwent an allogeneic transplant from a donor or an autologous transplant using your own cells, the agency looks for documentation confirming the procedure and the specific treatment plan.
SSA considers you disabled for at least 12 months from the date of the transplant or the start of the treatment plan. If your condition persists or if you experience significant complications after this 12-month period, the agency will then evaluate your remaining symptoms and functional limitations to determine if you continue to meet the criteria for disability. An attorney can help you navigate the evaluation of your ongoing impairments.
Cancer treatment recovery? Check your disability benefits.
Check My BenefitsEvidence that strengthens a claim
Your claim is strengthened by complete medical records that document the type of cancer, the specific transplant procedure, and the dates of treatment. Include operative notes, pathology reports, and detailed summaries from your oncologist or transplant specialist that describe your response to the therapy and any ongoing side effects.
Non-medical evidence is also vital, such as a function report detailing your daily struggles with fatigue, infection risk, or cognitive issues. Statements from family members or former coworkers regarding your inability to sustain physical or mental effort can provide the SSA with a clearer picture of your daily limitations. An attorney can help you gather this evidence and ensure it is presented in a way that aligns with SSA standards.
Why claims fail
Many claims are denied because the medical record fails to clearly link the transplant date to the specific 12-month disability period required by the listing. Others are denied because the evidence does not sufficiently document the severity of post-transplant complications, such as chronic infections or organ system deterioration. Providing incomplete records that lack a clear timeline of the treatment plan is a frequent cause for rejection at the initial application stage. An attorney can help you ensure your medical evidence is organized to match the specific requirements of Listing 13.28.
How an attorney helps
A disability attorney helps by ensuring your medical evidence is organized to match the specific requirements of Listing 13.28. They can work with your medical team to obtain detailed statements that highlight your functional limitations and the long-term effects of your transplant. By managing the appeal process and preparing you for potential hearings, an attorney ensures that your case is presented as clearly as possible to the SSA.
