FILING FOR DISABILITY

Cancer may progress from a medical crisis to a disability--and sometimes very quickly. Whether your disability from cancer is expected to be short-term or long-term, knowing the differences and being aware of how to apply for each type of disability benefit can go a long way in easing psychological and financial distress.

Here, experts offer a crash course in disability so you can minimize the hassles and maximize the benefits.

Know the differences between short- and long-term disabilities.

Short-term disability programs are usually administered through the state or through your employer; long-term plans are administered by the federal government or by employers. Much less common are individually-purchased disability plans that you have paid for yourself.

In the eyes of the government, which administers Social Security disability benefits, a long-term disability is an illness or injury expected to last 12 months or longer or one predicted to be terminal, says Kathleen Wiegand, a spokesperson for the Social Security Administration.

Depending on the plan, short-term disability payments might kick in as soon as a one-week waiting period is over and they continue for a range of weeks or months, depending on the plan.

"Disability has different meanings depending on the law," says Barbara Hoffman, an attorney who specializes in disability law who is on the legal research and writing faculty at Rutgers Law School. Newark, New Jersey. "Social Security disability has one set of rules, state disability has a different set of rules."

How and when to apply for short-term disability.

First find out if your state has a plan. According to the U.S. Chamber of Commerce, five states--California, Hawaii, New Jersey, New York, Rhode Island--and Puerto Rico currently have short-term disability programs for employees. Look for program details at your state's Department of Labor (click here for listings http://www.dol.gov/esa/contacts/state_of.htm).

"The biggest thing is simply to be aware of what the law is in your state, so you know the filing deadlines, what kind of paperwork needs to be done and any magic words you need to use in the paperwork to be sure you get the benefits you are entitled to under the state law," says Hoffman.

Procedures and policies differ. In California, for instance, the program is administered through the Employment Development Department. Workers who can't work due to illness or injury unrelated to their job must file a claim and then serve a seven-day waiting period. If a worker qualifies, the benefits are payable for a maximum of 52 weeks.

Once you find out about any state short-term disability plan, find out if your employer has a plan. To do so, call your human resources or employee benefits office.

For long-term disability, be aware of the 'Big 5' Questions. The government will apply a number of tests to determine your eligibility for long-term disability payment. Among the yardsticks:

• Are you working? If you are and are making $800 or more monthly in 2003, you cannot generally be considered disabled.
• Is your condition severe?
• Is it found in the list of disabling impairments (a list maintained by the government)?
• Can you do the work you did previously? If you can, your claim will likely be denied.
• Can you do other types of work? If you can, your claim will likely be denied.

Figuring out benefits and programs can be confusing, especially when some may seem to overlap. Take advantage of a host of resources to help. Among them:

• To get up to speed on Social Security disability benefits, see an online booklet published by the Social Security Administration at http://www.ssa.gov/pubs/10029.html. Included is information on who is eligible, how to apply, what you need to know when the benefits begin.
• For straightforward answers to some of the many questions that come up during the disability claims process see http://www.disabilitysecrets.com/questions.html
• If you have delays in social security disability processing, see http://www.cancerlynx.com/delay.html, a site devoted to helping those with cancer speed their payments.
• If you have cancer-related legal questions, enlist the help of the Cancer Legal Resource Center, a joint program of the Western Law Center for Disability Rights and Loyola Law School. Find it at http://www.disabilityrightslegalcenter.org/about/cancerlegalresource.cfm.
• Some cancer centers and hospitals may offer programs to help you decipher disability programs. Call the cancer center or hospital operator to inquire, or ask your oncologist.