Denied Disability with Brain Cancer

Receiving a diagnosis of cancer can be life-altering news. If your diagnosis is brain cancer, the road back to recovery can be an especially difficult journey.

From the disease itself to the aggressive treatments, brain cancer can render you incapable of completing ordinary daily tasks, much less hold down a steady job.

If you have received a diagnosis for brain cancer, you should file a claim for disability benefits with the Social Security Administration (SSA). Because the SSA denies a majority of disability claims, you should be prepared to file an appeal for a brain cancer disability claim.

Filing an Appeal for Reconsideration

The first step in the appeals process to overturn a denied disability benefits decision is to file an appeal for reconsideration. As with your initial claim, you file an appeal for reconsideration with the SSA.

A different team of medical examiners reviews your application and supporting documents to determine whether you qualify for financial assistance.

Once again, the team of medical examiners refers to the Blue Book to see if your brain cancer symptoms match the severity standards listed in the Blue Book.

Brain cancer falls under Section 13.00 of the Blue Book. You have to experience at least one of the following symptoms to have a chance to qualify for Social Security disability benefits.

  • Consistent migraine headaches
  • Blurred vision
  • Unable to stand for extended periods
  • Intense bouts with nausea
  • Loss of sensation in one or more arms and/or legs

Submit Convincing Medical Evidence to Reverse a Denied with Brain Cancer Claim

An appeal to reverse a denied Social Security with brain cancer claim must include more persuasive medical evidence than the medical evidence you submitted with your original claim.

The SSA wants to see the results of neurological tests that include the status of your strength, balance, vision, hearing, and reflexes. Neurological tests can provide your doctor with clues that determine whether your brain is negatively impacted by the growth of a tumor.

A series of MRIs can detect the presence of a brain tumor, with the injection of a dye into your arm providing the telltale evidence of a tumor. Your physician might conduct several specialized MRIs to get a closer look at the tumor to determine its stage of development.

Complete a Residual Functional Capacity Assessment

A Residual Functional Capacity (RFC) assessment can measure your strength, balance, vision, hearing, and reflexes. For example, the physician conducting your RFC might ask you to use a small hammer to hit balls as they pop out of holes drilled into a level surface.

This type of test measures your reflexes. You might have to squeeze an object to determine your strength, as well as undergo several vision and hearing measurements.

The importance of an RFC is the SSA can use the results to find a job that you can work while dealing with brain cancer.

File a Timely Appeal

Receiving a brain cancer denied disability letter can be both frustrating and disappointing. However, you need to brush yourself off and file an appeal for reconsideration before 60 passes.

The 60-day deadline starts on the day when you received your disability claim letter. If you fail to file an appeal for reconsideration before the end of 60 days, you can expect the SSA to dismiss your claim for financial assistance.

A Social Security lawyer can ensure you meet the filing deadline for an appeal for reconsideration. Reach out to an attorney today to schedule a free case evaluation.

Additional Resources

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