Residuals of Prostate Cancer May Cause Inability to Work

By Douglas I. Friedman of Friedman Law Firm, P.C.

We represent a lot of clients who have prostate cancer. Sometimes after a prostate operation, the client loses some control over his urination and wears protective pads. While the surgery removes the cancer, the inability to control urination may result in an inability to work.

The reason is that the client may have to change protective pads often during the day, and most work does not allow breaks to do so at will. Also, sometimes the client has to urinate often during the day. Again, most jobs don’t allow repeated restroom breaks at will. Another problem may be the urgency to urinate. This requires the client to be near a restroom so that he does not have an accident; this is also not a part of most job descriptions.

If the client is a veteran, and has served in Vietnam, the veteran is entitled to a temporary award of 100% disability for a year if he is diagnosed with prostate cancer. At the end of the year, the VA is supposed to re-evaluate the veteran’s condition. The highest VA rating for residuals of prostate cancer is 60%. But, even if the cancer is rated only at 60%, the veteran may be eligible for Individual Unemployability, which compensates the veteran at the benefit amount of 100% because of vocational considerations, such as the need to take unscheduled breaks, as discussed above.

The need for unscheduled breaks would have a similar effect on an application for Social Security benefits. Usually, this would result in a finding of disability too. So, clients who are veterans may qualify for both Social Security disability and VA disability. Both benefits may be received without a reduction for one another.

There are many special rules that can help a client obtain disability benefits. Contact us for an evaluation of your particular situation at 1-800-728-3037.