Around 70% of all disability applications to the Social Security Administration (SSA) are rejected initially for a number of reasons.
One reason given is that the disability doesn’t fit the criteria listed in the SSA’s Blue Book. Another is that the severity of the disability is not considered severe enough to justify granting a benefit.
The good news is that many disability benefit applications are ultimately accepted after the application goes to appeal.
One way of showing that a brain tumor is too severe to be able to work is to organize a residual functional capacity (RFC) assessment by your doctor which can demonstrate what you are and not able to do because of the disability.
Who Can Appeal Denied Disability with a Brain Tumor
If you have had your brain tumor benefit application denied initially, but can still prove that the disability stops you from working for a minimum of 12 months, you have the right to appeal the decision through the SSA’s appeal process.
How an Appeal Can be Successful
The SSA’s Blue Book listing 11.05 specifically describes the symptoms of a brain tumor that is severe enough to justify granting a disability benefit.
These criteria may have been overlooked or not addressed sufficiently during the first assessment but you may be able to present more detailed evidence for the appeal.
The Blue Book listing requires evidence of an inability to control the movement of a minimum of two limbs after three months of treatment or a “marked” physical and mental problem caused by the tumor.
The fact that the initial application was rejected implies that insufficient medical evidence was provided. Failing specific medical evidence, the best alternative is to have an RFC assessment completed by a doctor.
How to Use the RFC in an Appeal for a Denied Disability with a Brain Tumor
Brain tumors, especially benign tumors have very individual effects, depending on which part of the brain they have developed. Some brain tumors are only detected long after they have grown.
If the initial assessment discounted the evidence linking your symptoms to the Blue Book listing, an RFC assessment may help to demonstrate that the tumor’s debilitating effects mean you are unable to work effectively.
The RFC assessment may involve a focus on either physical or mental tasks, depending on the nature of your tumor. Your doctor will use a series of tests that establish just what you can and cannot do because of the tumor’s pressure on a part of your brain.
File Your Appeal for Denied Disability With Brain Tumor Promptly
Once you have received notification from the SSA that your benefit application has been denied, you only have a limited time to file an appeal.
The first step is to request reconsideration of your application. This has to be done within 60 days of the receipt of the denial confirmation. As you need time to collect more evidence of your condition, the sooner you lodge an appeal the better.
Get a Free Case Evaluation Today
You have a better chance of obtaining a disability benefit through the appeal process if you have effective disability benefit legal representation. Start the appeals process now by filling out our Free Disability Evaluation.
