Are victims of mesothelioma entitled to social security disability benefits?
Individuals with impairments caused by certain exposures to asbestos may qualify for disability claims under titles II and XVI of the Social Security Act. Sections 216(i) and 1614(a)(3) of the Social Security Act define “disability” as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment (or combination of impairments) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
Malignant mesothelioma of the pleura meets the requirements under section 13.15A. Bronchogenic carcinoma meets listing 13.14A if it is inoperable, unresectable, recurrent, or has metastasized to or beyond the hilar nodes. As a result, either of these diagnoses may qualify a victim of asbestos-related cancer for disability benefits.
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