A brain cancer diagnosis can upend every part of your life鈥攊ncluding your ability to work. Between the effects of the tumor itself and the harsh side effects of treatment, many people with brain cancer find it impossible to maintain a full-time job. If this is your situation, long term disability (鈥淟TD鈥) benefits can provide crucial financial support.
But navigating an LTD claim for brain cancer isn鈥檛 easy. Insurance companies often scrutinize these claims closely, especially when symptoms are cognitive rather than physical. This guide explains what you need to know about qualifying for LTD benefits with brain cancer, the evidence you鈥檒l need, and how an experienced disability attorney can help protect your rights.
Long term disability benefits can be available for many different types of brain cancer, especially when the condition causes symptoms that interfere with your ability to work. Some of the more common brain cancers that often lead to LTD claims include:
It鈥檚 important to understand that the specific type of brain cancer is only part of the picture. What matters most in a long term disability claim is how your condition鈥攁nd its treatment鈥攁ffects your ability to perform the material duties of your job. Even if your tumor is considered treatable or slow-growing, you may still qualify for LTD benefits if you鈥檙e experiencing fatigue, cognitive changes, neurological symptoms, or side effects from treatment that interfere with working reliably and consistently.
Yes, the stage and severity of your brain cancer can significantly impact your long term disability claim鈥攂ut not in isolation. What matters most is how your condition affects your ability to function at work.
In general, more advanced or aggressive brain cancers (like glioblastoma or high-grade astrocytomas) are more likely to cause serious symptoms that make it impossible to maintain regular employment. These may include:
That said, even earlier-stage or lower-grade tumors can qualify for LTD benefits if your symptoms or side effects of treatment interfere with your work duties. For example, someone with a low-grade tumor might still experience significant cognitive difficulties, fatigue from radiation or chemotherapy, or struggle with anxiety and depression related to their diagnosis.
Insurance companies often focus heavily on functionality. If your medical records and doctor鈥檚 statements show that your symptoms prevent you from performing your job reliably and consistently鈥攅ven if your cancer is not classified as severe鈥攜ou may still have a strong claim for LTD benefits.
Here鈥檚 the kind of documentation that can help prove your claim:
Start with comprehensive medical records that confirm your diagnosis. This includes:
These records establish the medical basis for your claim and help explain the severity of your condition.
Detailed documentation of your treatment is critical. This should include:
Side effects can be just as disabling as your cancer itself, especially if they make it hard to concentrate, stay awake, or perform physical tasks.
A strong LTD claim should include supportive letters or reports from your treating specialists, such as your oncologist, neurologist, or neurosurgeon. These reports should clearly explain:
Your treating doctors should also explain that your impairments are expected to last at least several months, if not longer.
Brain cancer often causes cognitive problems like memory loss, slowed thinking, and poor concentration. A neuropsychological evaluation is one of the best ways to objectively document these issues. This type of testing:
Neuropsychological testing is especially important if your symptoms are 鈥渋nvisible鈥 or hard to detect on standard medical exams.
If you have a more complex case, or if your insurance company argues you can still work, a vocational expert can provide a report showing:
This kind of expert analysis can be very persuasive, especially if your policy has an 鈥渁ny occupation鈥 definition of disability.
Your personal account of how brain cancer has affected your daily life and work is also valuable. This can include:
The more detail and consistency across your records, the stronger your LTD claim will be.
That depends on the specific language in your long term disability policy鈥攅specially how it defines the word 鈥渄isability.鈥 Most policies follow one of two standards: 鈥渙wn occupation鈥 or 鈥渁ny occupation.鈥
If your policy uses an 鈥渙wn occupation鈥 standard, you only need to prove that your brain cancer prevents you from performing the material duties of your specific job. This includes both physical and cognitive demands, such as:
This definition is often easier to meet, particularly if you work in a high-functioning professional or executive role that requires mental clarity. Many policies apply this standard for the first 24 months of disability.
After that period, most policies shift to an 鈥渁ny occupation鈥 standard. At this stage, your insurer will require you to show that your brain cancer prevents you from working in any job for which you鈥檙e reasonably suited based on your education, experience, and training. This is a more demanding standard.
Insurance companies may try to argue that you can still work in a lower-paying or simpler role. To challenge this, you may need:
Understanding your policy鈥檚 exact definition of disability is essential鈥攁nd the language can be confusing or misleading. If your policy is governed by ERISA, which applies to most employer-provided plans, it鈥檚 a smart idea to have an ERISA disability attorney review your policy before you file. They can help you interpret the standards, avoid common mistakes, and prepare the strongest possible claim or appeal if needed.
Unfortunately, even with a serious diagnosis like brain cancer, disability insurance companies often deny claims鈥攁nd their reasons aren鈥檛 always fair or medically sound. While they may claim to be objective, the reality is that these companies are profit-driven. Every claim they deny is money they don鈥檛 have to pay out. That creates a powerful incentive to look for ways to minimize or reject legitimate claims, especially long term ones.
Here are some of the most common (and frustrating) reasons insurers deny brain cancer LTD claims:
Even with clear imaging or biopsy results, insurers may argue that your records don鈥檛 prove you鈥檙e disabled. They often demand excessive documentation and may discount or ignore reports of fatigue, cognitive dysfunction, or pain, side effects from treatment, and limitations that aren鈥檛 visible on an MRI.
Brain cancer often causes 鈥渋nvisible鈥 cognitive impairments鈥攍ike memory loss, brain fog, or difficulty concentrating. Insurers are notorious for dismissing these issues unless they鈥檙e backed by a formal neuropsychological evaluation. Even then, they might try to argue your symptoms are exaggerated or caused by something else, like stress or depression.
It鈥檚 common for insurers to latch onto isolated comments in your records鈥攍ike a note that you 鈥渇elt better today鈥 or 鈥渟eemed alert鈥濃攚hile ignoring months of documented struggles. These companies are not above twisting your doctor鈥檚 words to support a denial.
Insurers frequently send your file to their own 鈥渋ndependent鈥 doctors鈥攚ho never actually examine you鈥攆or a paper review. These doctors are often paid repeatedly by the insurer and are incentivized to issue opinions that support denial.
After the first two years of benefits, many policies switch to an 鈥渁ny occupation鈥 definition of disability. Insurers may then argue you can work in a theoretical job that has little basis in reality, especially if it requires no physical labor but still demands cognitive sharpness and focus鈥攖hings brain cancer often disrupts.
Just because an insurance company denies your claim doesn鈥檛 mean your condition isn鈥檛 real or disabling. It may simply mean they鈥檙e more interested in protecting their bottom line than paying out the benefits you鈥檝e earned. If your brain cancer LTD claim is denied, consult with an experienced ERISA disability attorney right away. You don鈥檛 have to fight this battle alone.
It is common to struggle with memory loss, difficulty concentrating, slowed thinking, or 鈥渂rain fog鈥 from brain cancer or its treatment. These cognitive symptoms are very real鈥攁nd often disabling. But proving them to a disability insurance company can be challenging, especially because they鈥檙e not always visible on a scan or blood test.
The most effective way to prove cognitive symptoms is through a neuropsychological evaluation. This type of testing is the gold standard for documenting how brain cancer affects your mental functioning. A licensed neuropsychologist will guide you through a series of standardized tasks designed to assess areas like:
The results don鈥檛 just show that you have symptoms鈥攖hey provide objective, measurable proof of how those symptoms impair your ability to function in a work setting.
Disability insurers often demand hard data to approve a claim based on cognitive impairment. They won鈥檛 just take your word for it鈥攐r even your doctor鈥檚鈥攗nless there鈥檚 objective evidence. A neuropsychological evaluation validates your symptoms with clinical data, identifies how your deficits affect job performance, and makes it harder for insurers to argue you鈥檙e exaggerating or faking.
While the neuropsychological evaluation is key, it helps to include:
If you鈥檙e thinking about filing or appealing a long term disability claim due to cognitive symptoms, it鈥檚 a good idea to speak with an ERISA disability attorney. They can help you undergo an evaluation with a qualified neuropsychologist and make sure the report addresses the specific concerns insurers look for.
Here鈥檚 how your doctors help support your LTD case:
Insurance companies rely on your medical records to verify your condition. Your treating doctors provide the clinical evidence showing:
These records show how your illness and its treatment impact your ability to work full-time and consistently.
Beyond routine notes, your doctors can write detailed letters or reports that directly address your functional limitations. This includes:
The more specific and detailed these statements are, the more persuasive they are to the insurance company.
Insurers typically send attending physician statements or other forms for your doctors to fill out. These forms are often designed in ways that can minimize the seriousness of your condition if not completed carefully. That鈥檚 why it鈥檚 essential your doctor understands your actual job duties, consistently documents your limitations, and avoids vague or overly optimistic language.
Even a well-meaning doctor can unintentionally harm your claim if they鈥檙e not familiar with how insurers use these forms.
If your brain cancer causes memory loss, difficulty concentrating, or other cognitive symptoms, your doctor can help explain why a neuropsychological evaluation is necessary鈥攁nd how the results support your claim. Their clinical observations about your mental function also help validate what you鈥檙e experiencing.
If you鈥檙e filing or appealing a claim, make sure your treating doctors are on board and understand the importance of their role. A qualified ERISA disability attorney can also help guide your doctors on what to include in their reports and how to respond to insurer requests without undermining your claim.
Yes, you can still receive long term disability (鈥淟TD鈥) benefits even if your brain cancer starts to improve or goes into remission鈥as long as you continue to have symptoms or limitations that prevent you from working.
Recovery from brain cancer is often unpredictable. Even if your scans are stable or the cancer is no longer active, many people continue to deal with:
These lingering symptoms can still make it impossible to perform the duties of your job, especially on a consistent and reliable basis. Insurance companies often expect people in remission to return to work quickly, even when it鈥檚 not realistic. Just because you鈥檙e in remission doesn鈥檛 mean you鈥檙e fully recovered, or that you鈥檙e ready to return to a demanding work schedule.
What matters most is your functional capacity. Even in remission, the key question is whether you鈥檙e able to work full-time, consistently, and without significant accommodations. If the answer is no, and your doctors support that assessment, you may still qualify for continued LTD benefits.
Be cautious of premature return-to-work pushes. Insurers may try to use signs of improvement or remission as a reason to terminate your benefits. They might:
If you鈥檙e in this situation, it鈥檚 wise to speak with an ERISA disability attorney to protect your rights and make sure your medical evidence continues to support your claim.
Yes, you may be able to work part-time while still receiving long term disability (鈥淟TD鈥) benefits. However, whether you can do so without jeopardizing your claim depends on the terms of your policy.
Many LTD policies allow for 鈥渞esidual鈥 or 鈥減artial鈥 disability benefits. These provisions are designed for people who can鈥檛 work full-time but can still manage limited or part-time hours. If your brain cancer or its treatment prevents you from working at your prior capacity, but you鈥檙e able to earn some income in a reduced role, residual benefits may provide partial payments based on the difference between your pre-disability earnings and your current income.
For example, if you were working full-time before your diagnosis and are now working 15 hours a week due to fatigue or cognitive limitations, your benefits could be adjusted proportionally to reflect that reduced earning capacity.
Key things to watch out for:
Before returning to part-time work, it鈥檚 critical to speak with your treating doctor. Their support and medical documentation must clearly show that you鈥檙e attempting a limited return to work because of your disability鈥攏ot because you鈥檙e fully recovered.
It鈥檚 also smart to have an ERISA disability attorney review your policy and help you communicate with the insurer. That way, you can avoid unintentional mistakes that might put your benefits at risk.
Dealing with brain cancer is overwhelming on its own; navigating a long term disability (鈥淟TD鈥) claim shouldn鈥檛 add more stress. Unfortunately, disability insurance companies don鈥檛 always make the process easy or fair. That鈥檚 where an experienced ERISA disability attorney can make a major difference.
Here鈥檚 how an attorney can help with your brain cancer LTD claim:
Disability insurance policies are often full of confusing terms and conditions. A qualified attorney will:
Insurance companies look for reasons to deny claims, especially when symptoms are 鈥渋nvisible,鈥 like cognitive impairment or fatigue. An attorney can:
From day one, insurers gather information to protect their bottom line鈥攏ot your well-being. An experienced attorney can:
If your LTD claim is denied, you have the right to appeal鈥攂ut under ERISA law, your appeal is often your last chance to add evidence to the record. An experienced attorney will:
If your appeal is denied, your attorney can file a lawsuit in federal court on your behalf under ERISA. This stage is very different from the appeal process. There are no jury trials, no new evidence can be added, and the judge will decide the case based solely on the administrative record built during the appeal.
That鈥檚 why it鈥檚 critical to have an experienced ERISA attorney who knows how to build a strong record early and who understands the unique procedural rules of federal court litigation. Your attorney will draft legal briefs, respond to the insurer鈥檚 arguments, and advocate for your rights every step of the way.
Here is an example of a client with brain cancer who we helped win long term disability benefits:
鈥淛im,鈥 a 49-year-old financial analyst, was thriving in his career when he faced a devastating brain cancer diagnosis. After experiencing a sudden medical episode, a head CT revealed a brain tumor. Surgery confirmed the tumor was cancerous. Despite a difficult recovery and a breakthrough seizure shortly after, Jim attempted to return to work just a few months later. However, he quickly realized that his cognitive functioning was not the same. He struggled to keep up with the demands of his position, and his neurologist recommended neuropsychological testing to assess the extent of his impairment.
When Jim came to Riemer Hess, he was exhausted, overwhelmed, and unsure of his next steps. Our team immediately developed a strategy to secure his long term disability benefits. We advised Jim to schedule a follow-up with his neurologist to review the neuropsychological evaluation and formally document his cognitive decline. We coordinated with him to ensure that his transition from work was medically supported and strategically timed, given that he had already exhausted FMLA protections and had been back at work for several months. We also guided him on how to evaluate his eligibility for short term disability and any critical illness benefits available through his policy.
Thanks to a careful and coordinated approach, Jim was able to exit work with strong medical support and successfully secure long term disability benefits. He retained Riemer Hess to continue representing him throughout the life of his claim, ensuring his benefits remain protected from any insurer pushback or review. Jim can now focus fully on his health and future, with the peace of mind that his financial stability is being safeguarded.
If you鈥檙e looking to file a long term disability insurance claim for brain cancer, appeal a wrongful claim denial, or litigate your insurer, Riemer Hess can help. Contact us today at (212) 297-0700 or click the button below for a consultation on your disability case.