Social Security Disability Claims

Social Security Disability for Asbestos Victims

If you or a loved one can’t work due to an asbestos-related illness like mesothelioma, asbestosis, or lung cancer, you may be eligible for monthly disability benefits through the Social Security Administration (SSA).

The SSA offers two programs:

• Social Security Disability Insurance (SSDI) – For people with a strong work history

• Supplemental Security Income (SSI) – For people with limited income and resources

These programs help cover the cost of living and medical care—without requiring you to prove who caused your illness. All you need to show is:

• That you have a qualifying medical condition

• That the condition prevents you from working

SSDI: Social Security Disability Insurance

SSDI provides monthly payments to workers who paid into the Social Security system but can no longer work due to illness. Most clients we help with SSDI have worked for decades and now face serious asbestos-related conditions like mesothelioma or asbestosis.

Who Qualifies?

To be eligible for SSDI, you must:

• Have worked and paid into Social Security for at least 5 of the past 10 years

• Be unable to work for at least one year due to your illness

• Have a condition recognized by the SSA as disabling (many asbestos illnesses are)

Mesothelioma and certain other asbestos-related diseases are on the SSA’s Compassionate Allowances list, meaning your claim may be fast-tracked for approval.

Which Asbestos Illnesses Qualify for SSDI?

To receive SSDI benefits, your medical condition must meet the SSA’s definition of “disabling.” The agency maintains two key lists:

• The Blue Book: A comprehensive list of conditions that may qualify for disability if they meet certain medical criteria

• The Compassionate Allowances list: A fast-track list of severe conditions that almost always qualify—with minimal red tape

If your condition is on the Compassionate Allowances list, your claim may be approved in weeks rather than months.

Asbestos-Related Conditions Recognized by SSA

Note: Only small cell lung cancer appears on the SSA’s Compassionate Allowances list. Other forms of lung cancer may still qualify under listing 13.14 if they are inoperable, unresectable, or have distant metastases. Even if your condition isn’t on the Compassionate Allowances list, you may still qualify for SSDI if your illness prevents you from working and meets SSA disability guidelines.

What You Get:

• Monthly payments based on your past earnings

• Medicare eligibility after 24 months of SSDI approval—crucial for expensive cancer treatments

• Expedited approval in many cases under the SSA’s Compassionate Allowances list (mesothelioma qualifies)

Example: John, a 58-year-old former electrician, is diagnosed with mesothelioma after decades of working around asbestos wiring. He applies for SSDI and begins receiving $1,500/month. Two years later, he’s also eligible for Medicare, which helps cover chemotherapy and specialist care.

SSI: Supplemental Security Income

If you haven’t worked enough to qualify for SSDI—or your financial resources are limited—you may still be eligible for monthly benefits through Supplemental Security Income (SSI).

SSI is a need-based program that helps people who are:

• Disabled (at any age) and unable to work due to a qualifying medical condition

• Blind or age 65 or older

• Living with limited income and assets

The SSA uses the same medical standards for SSI and SSDI, including the same Blue Book listings and Compassionate Allowances list. That means asbestos-related illnesses like mesothelioma, lung cancer, and asbestosis can qualify—regardless of your age.

If your condition appears on the Compassionate Allowances list, your SSI claim may be approved much faster with less documentation.

Who Qualifies for SSI?

To qualify for SSI, you must meet both medical and financial requirements.

Financial Limits (2024):

Monthly Income:

• Less than $1,913/month (individual)

• Less than $2,827/month (couple)

Assets:

• Less than $2,000 in countable resources (individual)

• Less than $3,000 (couple)

⚠️ Exempt assets: Your home, personal vehicle, and burial funds usually don’t count toward the limit.

What You Get with SSI

• Monthly payments of up to $914 (individuals) or $1,371 (couples)

• Automatic Medicaid eligibility in most states—covers doctor visits, medications, and long-term care

Example: Mary, a 68-year-old widow, is diagnosed with asbestosis. She lives alone, has no savings, and receives no other income. Mary applies for SSI and is approved. She begins receiving $900/month and qualifies for Medicaid to help cover prescriptions and in-home medical care.

Maximize Disability Benefits With a Full Compensation Strategy

While SSDI and SSI can provide critical monthly support, they rarely cover the full cost of an asbestos-related illness. Medical bills, lost income, and end-of-life expenses can quickly outpace what these programs provide.

That’s why we help clients combine disability benefits with additional legal claims—such as asbestos trust claims, product liability lawsuits, or premises liability cases—to ensure every available dollar is recovered.

📎 Learn more about your legal options for asbestos compensation »

Hypothetical Example: Combining Claims in Freeport, Texas

Robert, a lifelong contractor in Freeport, TX, spent years working in the chlorine cells at Dow Chemical, handling asbestos insulation daily. Decades later, he was diagnosed with pleural mesothelioma—a disease caused by inhaling asbestos fibers.

Our team helped Robert and his wife build a comprehensive compensation plan:

• SSDI Claim: Robert applied for Social Security Disability and was quickly approved due to the severity of his illness

• Premises Liability Lawsuit: Robert and his wife sued Dow Chemical, alleging the company failed to warn him about the asbestos risks. After Robert’s passing, the lawsuit continued as a wrongful death claim

• Asbestos Trust Claims: We filed claims with several bankruptcy trusts tied to the manufacturers of the insulation and gaskets Robert worked with

Because we combined SSDI, trust claims, and lawsuits, Robert’s family received monthly financial support, lump sum payments, and the justice they deserved.

Will a Lawsuit or Trust Claim Affect My Social Security Benefits?

One of the most common questions we hear is:
“If I file an asbestos lawsuit or trust claim, will I lose my Social Security benefits?”

The good news is: for most people, the answer is no.

SSDI and Social Security Retirement Are Protected

If you’re receiving SSDI or Social Security retirement benefits, your payments are not affected by any asbestos-related legal claims. These programs are not based on your current income or assets—they’re based on your past work history.

Example: Mark receives $1,500/month in SSDI due to asbestosis. He later files asbestos trust claims and receives a $25,000 payout. His SSDI benefits continue without interruption.

Example: Sarah, age 70, receives $2,100/month in Social Security retirement. She files a lawsuit and receives a settlement. Her retirement benefits are unaffected because they’re based on her lifetime earnings—not her financial need.

SSI Can Be Affected—but We Can Protect It

Unlike SSDI, SSI is need-based. If you suddenly receive a large lump sum from a lawsuit or trust, it can temporarily disqualify you—but that doesn’t mean you’re out of options.

We regularly use tools like:

• Special needs trusts

• Structured settlements

• Asset planning strategies

These legal tools allow you to receive compensation without losing SSI benefits.

Example: Susan receives $900/month in SSI. She settles a lawsuit for $50,000. Our firm helps her set up a special needs trust to hold the settlement funds, so she can keep both her compensation and her monthly SSI.

Take the First Step Toward Full Compensation

If you or a loved one can’t work due to mesothelioma, lung cancer, asbestosis, or another asbestos-related disease, you may be entitled to more than monthly disability benefits.

We help clients qualify for SSDI or SSI, and then layer in additional claims like:

• Asbestos trust fund payouts

• Product liability or wrongful death lawsuits

• Workers’ comp or Jones Act claims

• Premises liability claims—just like in our Freeport, Texas case

Our team will walk you through your options, handle the paperwork, and fight to ensure you keep your benefits and get the full compensation you deserve.

📞 Call 833-4-ASBESTOS or schedule your free consultation online.

We’ll listen. We’ll guide you. And we’ll get to work.

You’ve worked hard your whole life.
Now let us work hard for you.