The SSA understands how problematic many of these issues can be. Because of this, it has recognized non-cancerous brain tumors as a condition eligible for Social Security Disability benefits, provided that the victim qualifies. If you’re dealing with the fallout of a benign brain tumor, you shouldn’t have to fight the SSA alone for the benefits you paid for.
At Marc Whitehead & Associates, disability is all we do, and our founder is double board-certified. Our Texas disability lawyers have been winning these claims for over 30 years. Schedule a free consultation with our benign brain tumor Social Security Disability lawyer to get the help you deserve.
Two Ways to Qualify for Disability Benefits With a Benign Brain Tumor
There are two ways that you can medically qualify for Social Security Disability benefits if you have a benign brain tumor. You can match the listing for it in the SSA’s Listings of Impairments, or you can attempt to prove equivalency.
The Listings of Impairments is a sort of encyclopedia of disabling conditions created by the SSA to make the process of applying for benefits follow a clear system. It provides definitions for every single condition that they recognize along with a set of criteria that you have to meet if you want to qualify. Meet these criteria, and you will be eligible to receive benefits.
Of course, not everyone can meet the SSA’s sometimes very specific requirements, despite the fact that they are truly suffering. If you or someone you love falls into this category, there’s another way: you can use the Five Step Sequential Evaluation Process to prove to the SSA that your impairment is just as severe as something in the Listings.
This secondary method tends to be a bit trickier, so you should always try to win your claim by matching a listing first. Our benign brain tumor Social Security Disability lawyer will assist you with this method if it’s right for you and fight to get the benefits you need to support yourself.
For a free legal consultation, call (800) 562-9830
What the SSA Listing 11.05 Requires of You
Because a benign brain tumor itself isn’t the problem and the real harm comes from what it does to the surrounding tissues and systems, the SSA evaluates these tumors based on the limitations they cause. There are two ways you can meet Listing 11.05, and you only need to satisfy one of them.
The first way is to show severe and persistent impairment of motor function in two extremities. This means the effects of your tumor make it difficult to move around or use your hands for the kind of dextrous movements everyday tasks require.
The second way is to show a marked limitation in your physical functioning along with a marked limitation in one of the following four areas: understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; or adapting and managing yourself.
If your condition checks either of these boxes, you meet the listing and qualify for benefits on that basis alone. Our benign brain tumor Social Security Disability attorneys can work with you to determine if you meet this listing and assist you with your claim for benefits.
What to Do If You Can’t Match the Listing
Not everyone can meet the SSA’s specific listing requirements, even when they’re truly suffering. If you fall into that category, you still have a path to benefits. Using the Five-Step Sequential Evaluation Process, you can prove that your impairment is just as severe as a condition in the Listings and that it has kept you from working for at least 12 months.
This method is trickier than matching a listing outright, which is why you should always try to qualify under Listing 11.05 first. But when that isn’t possible, the secondary method can still help you get benefits; it just takes more work and stronger evidence.
That’s where having the right attorney makes the difference. You’ll want a knowledgeable benign brain tumor Social Security Disability lawyer by your side. Our team has handled cases like yours and won them. The road isn’t always smooth, but an experienced lawyer knows how to present your case in the way that gives the SSA what it needs to approve your benefits.
What Medical Evidence You Need to Support Your Claim
Whether you match Listing 11.05 or use the Five-Step Sequential Evaluation, the success of your claim depends on your medical records. The SSA needs to see objective proof of both the tumor and the limitations it causes. Helpful evidence includes the following:
- Imaging that confirms the tumor, which can include MRI, CT, or PET scans, and any biopsy or pathology results
- Treatment records documenting surgery, radiation, medication, and your response to each
- Documentation of specific symptoms, such as seizure logs, vision testing, records of memory or concentration problems
- Statements from your treating physicians describing exactly how your condition limits your ability to work
- Function reports from you and people who know you that describe your daily struggles
Our benign brain tumor Social Security Disability lawyers will help you gather your records, organize them, and file a strong claim for benefits. Reach out to our team today to schedule a free consultation and take the first steps toward the benefits you deserve.
Talk to a Trusted Benign Brain Tumor Disability Lawyer
A benign brain tumor can take away your ability to work, and the SSA won’t make it easy to get the benefits you’ve earned. Whether you’re matching Listing 11.05 or proving your case through the Five-Step Evaluation, your claim comes down to how well your limitations are documented.
At Marc Whitehead & Associates, disability is all we do, and we’ve spent over 30 years winning the benefits our clients paid for. Your consultation is free, and we
Call or text (800) 562-9830 or complete a Free Case Evaluation form