Long Term Disability for Brain Cancer: What You Need to Know

A brain cancer diagnosis can upend every part of your life—including 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 (“LTD”) benefits can provide crucial financial support.

But navigating an LTD claim for brain cancer isn’t 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’ll need, and how an experienced disability attorney can help protect your rights. 

What types of brain cancer typically qualify for LTD benefits?

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:

• • Glioblastoma: This is one of the most aggressive and fast-growing brain tumors. Glioblastoma often requires intensive treatment and typically causes significant cognitive and physical impairments, making it difficult or impossible to continue working.
  • Astrocytoma: Depending on the grade, astrocytomas can range from slow-growing to very aggressive. Even low-grade astrocytomas can lead to disabling symptoms like seizures, headaches, fatigue, and memory problems.
  • Oligodendroglioma: While often slower growing than other tumors, this type can still cause debilitating symptoms and often requires ongoing treatment or surgery that may limit your ability to work.
  • Medulloblastoma: More common in children, but when it occurs in adults, this cancer can lead to a range of disabling effects including balance problems, fatigue, and cognitive changes.
  • Metastatic brain tumors: These tumors originate in another part of the body and spread to the brain. They can create significant neurological issues, including speech problems, memory loss, and coordination issues.

It’s 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—and its treatment—affects 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’re experiencing fatigue, cognitive changes, neurological symptoms, or side effects from treatment that interfere with working reliably and consistently.

Does the stage or severity of my brain cancer affect my long term disability claim?

Yes, the stage and severity of your brain cancer can significantly impact your long term disability claim—but 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:

• • Severe headaches
  • Cognitive impairment
    (memory loss, confusion, difficulty concentrating)
  • Seizures
  • Speech or motor difficulties
  • Fatigue and exhaustion
  • Emotional or behavioral changes

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’s statements show that your symptoms prevent you from performing your job reliably and consistently—even if your cancer is not classified as severe—you may still have a strong claim for LTD benefits.

How do I prove a brain cancer LTD claim?

To get approved for long term disability benefits due to brain cancer, it’s not enough to simply show that you have a diagnosis. You’ll need to provide detailed evidence that explains how your condition and its treatment prevent you from working reliably and consistently.

Here’s the kind of documentation that can help prove your claim:

Medical Records and Imaging

Start with comprehensive medical records that confirm your diagnosis. This includes:

• • MRI or CT scans showing the presence, size, and location of the tumor
  • Surgical reports if you’ve had a biopsy or tumor removal
  • Pathology reports confirming the type and grade of brain cancer
  • Oncology treatment plans, such as chemotherapy, radiation, or targeted therapies

These records establish the medical basis for your claim and help explain the severity of your condition.

Treatment Records and Side Effects

Detailed documentation of your treatment is critical. This should include:

• • Dates and types of treatments (e.g., surgery, radiation, chemo)
  • Notes from your treating doctors about your response to treatment
  • Side effects like fatigue, nausea, brain fog, or immune suppression
  • Any complications or changes in treatment plans

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.

Narrative Reports from Your Treating Doctors

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 current symptoms
  • Your physical and cognitive limitations
  • Your prognosis
  • Why you’re unable to work full-time in your own occupation (or any occupation, depending on your policy)

Your treating doctors should also explain that your impairments are expected to last at least several months, if not longer.

Neuropsychological Evaluation

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:

• • Measures your cognitive abilities through standardized tasks
  • Shows how your brain function is impaired
  • Connects those impairments to your inability to work

Neuropsychological testing is especially important if your symptoms are “invisible” or hard to detect on standard medical exams.

Vocational Assessment

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:

• • What your job actually requires (physically and mentally)
  • Why your symptoms prevent you from performing those duties
  • Whether there are any other jobs you could realistically do, given your condition and limitations

This kind of expert analysis can be very persuasive, especially if your policy has an “any occupation” definition of disability.

Personal Statement

Your personal account of how brain cancer has affected your daily life and work is also valuable. This can include:

• • The symptoms you deal with day to day
  • How your treatment has affected your routine
  • Specific tasks you can no longer do at work or at home
  • How your energy, focus, or memory have changed

The more detail and consistency across your records, the stronger your LTD claim will be.

Do I need to prove that my brain cancer prevents me from doing any job, or just my own job?

That depends on the specific language in your long term disability policy—especially how it defines the word “disability.” Most policies follow one of two standards: “own occupation” or “any occupation.”

Own Occupation Definition

If your policy uses an “own occupation” 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:

• • Complex decision-making
  • Sustained concentration
  • Communication and memory
  • Managing fast-paced or stressful environments

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.

Any Occupation Definition

After that period, most policies shift to an “any occupation” 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’re 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:

• • A vocational expert report explaining why no suitable jobs are realistic
  • A neuropsychological evaluation that documents cognitive or neurological impairment
  • Detailed medical evidence showing you cannot sustain full-time work consistently

Understanding your policy’s exact definition of disability is essential—and the language can be confusing or misleading. If your policy is governed by ERISA, which applies to most employer-provided plans, it’s 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.

Why do insurers deny brain cancer long term disability claims?

Unfortunately, even with a serious diagnosis like brain cancer, disability insurance companies often deny claims—and their reasons aren’t 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’t 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:

1. “Insufficient Medical Evidence”

Even with clear imaging or biopsy results, insurers may argue that your records don’t prove you’re 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’t visible on an MRI.

2. Downplaying Cognitive Symptoms

Brain cancer often causes “invisible” cognitive impairments—like memory loss, brain fog, or difficulty concentrating. Insurers are notorious for dismissing these issues unless they’re 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.

3. Cherry-Picking from Medical Records

It’s common for insurers to latch onto isolated comments in your records—like a note that you “felt better today” or “seemed alert”—while ignoring months of documented struggles. These companies are not above twisting your doctor’s words to support a denial.

4. Relying on Biased Medical Reviews

Insurers frequently send your file to their own “independent” doctors—who never actually examine you—for a paper review. These doctors are often paid repeatedly by the insurer and are incentivized to issue opinions that support denial.

5. Claiming You Can Still Work “Some Job”

After the first two years of benefits, many policies switch to an “any occupation” 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—things brain cancer often disrupts.

Just because an insurance company denies your claim doesn’t mean your condition isn’t real or disabling. It may simply mean they’re more interested in protecting their bottom line than paying out the benefits you’ve earned. If your brain cancer LTD claim is denied, consult with an experienced ERISA disability attorney right away. You don’t have to fight this battle alone.

How do I prove my cognitive brain cancer symptoms?

It is common to struggle with memory loss, difficulty concentrating, slowed thinking, or “brain fog” from brain cancer or its treatment. These cognitive symptoms are very real—and often disabling. But proving them to a disability insurance company can be challenging, especially because they’re 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:

• • Memory (short-term and long-term)
  • Attention and concentration
  • Problem-solving and reasoning
  • Language and communication
  • Processing speed
  • Executive function (planning, organizing, multitasking)

The results don’t just show that you have symptoms—they 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’t just take your word for it—or even your doctor’s—unless there’s 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’re exaggerating or faking.

While the neuropsychological evaluation is key, it helps to include:

• • Statements from your treating doctors, especially your oncologist or neurologist, confirming cognitive issues
  • Reports from family, friends, or coworkers who’ve noticed changes in your behavior or abilities
  • Medication and treatment records, showing side effects that impact mental clarity (like chemo brain or radiation fatigue)
  • Your own written statement describing how your cognitive struggles affect your daily life and work tasks

If you’re thinking about filing or appealing a long term disability claim due to cognitive symptoms, it’s 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.

What role do my treating doctors play in the LTD claims process?

Your treating doctors are one of the most important parts of your long term disability (“LTD”) claim. Whether you’re filing for benefits due to brain cancer or appealing a denial, your doctor’s support can make or break your case. These are the medical professionals who understand your condition firsthand, and their input gives weight and credibility to your claim.

Here’s how your doctors help support your LTD case:

Documenting Your Diagnosis and Symptoms

Insurance companies rely on your medical records to verify your condition. Your treating doctors provide the clinical evidence showing:

• • Your brain cancer diagnosis (type, grade, and progression)
  • Treatments you’ve undergone (surgery, radiation, chemotherapy)
  • Side effects like fatigue, cognitive impairment, and pain
  • Ongoing symptoms that affect your daily functioning

These records show how your illness and its treatment impact your ability to work full-time and consistently.

Providing a Supportive Medical Opinion

Beyond routine notes, your doctors can write detailed letters or reports that directly address your functional limitations. This includes:

• • How your symptoms prevent you from performing specific job duties
  • The likelihood of your condition improving or worsening
  • A clear statement that you are unable to work due to your illness

The more specific and detailed these statements are, the more persuasive they are to the insurance company.

Completing Insurance Forms

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’s why it’s 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’re not familiar with how insurers use these forms.

Supporting Cognitive Impairment Claims

If your brain cancer causes memory loss, difficulty concentrating, or other cognitive symptoms, your doctor can help explain why a neuropsychological evaluation is necessary—and how the results support your claim. Their clinical observations about your mental function also help validate what you’re experiencing.

If you’re 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.

Can I still receive long term disability if I start to improve or go into remission?

Yes, you can still receive long term disability (“LTD”) benefits even if your brain cancer starts to improve or goes into remission—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:

• • Ongoing fatigue
  • Cognitive problems (“chemo brain,” memory loss, difficulty concentrating)
  • Weakness or coordination issues
  • Emotional or psychological effects
  • Side effects from medications or past treatments

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’s not realistic. Just because you’re in remission doesn’t mean you’re fully recovered, or that you’re ready to return to a demanding work schedule.

What matters most is your functional capacity. Even in remission, the key question is whether you’re 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:

• • Schedule an independent medical exam (“IME”)
  • Request updated treatment records
  • Conduct surveillance either in-person or by monitoring your social media 

If you’re in this situation, it’s wise to speak with an ERISA disability attorney to protect your rights and make sure your medical evidence continues to support your claim.

Can I work part-time while receiving LTD benefits for brain cancer?

Yes, you may be able to work part-time while still receiving long term disability (“LTD”) benefits. However, whether you can do so without jeopardizing your claim depends on the terms of your policy.

Many LTD policies allow for “residual” or “partial” disability benefits. These provisions are designed for people who can’t 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’re 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:

• • Your earnings must stay below a certain threshold (often 60% to 80% of your pre-disability income, depending on the policy).
  • You must continue to meet the policy’s definition of disability. That means your condition must still prevent you from performing your full-time job (or any job, if you’re in the “any occupation” phase).
  • Insurers may use part-time work to challenge your claim. They may argue that if you can work part-time, you can eventually work full-time, and start looking for ways to terminate your benefits. They may also conduct surveillance or request updated medical evidence to reassess your status.

Before returning to part-time work, it’s critical to speak with your treating doctor. Their support and medical documentation must clearly show that you’re attempting a limited return to work because of your disability—not because you’re fully recovered.

It’s 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.

How can an attorney help with my brain cancer long term disability claim?

Dealing with brain cancer is overwhelming on its own; navigating a long term disability (“LTD”) claim shouldn’t add more stress. Unfortunately, disability insurance companies don’t always make the process easy or fair. That’s where an experienced ERISA disability attorney can make a major difference.

Here’s how an attorney can help with your brain cancer LTD claim:

Understanding and Interpreting Your Policy

Disability insurance policies are often full of confusing terms and conditions. A qualified attorney will:

• • Review your LTD policy in detail
  • Explain whether it uses an “own occupation” or “any occupation” definition
  • Identify any tricky limitations (like mental illness limitations or subjective symptom clauses) that could be used against you

Building a Strong Medical Record

Insurance companies look for reasons to deny claims, especially when symptoms are “invisible,” like cognitive impairment or fatigue. An attorney can:

• • Help coordinate supportive statements from your treating doctors
  • Recommend a neuropsychological evaluation to prove cognitive symptoms
  • Ensure your medical records clearly document how brain cancer limits your ability to work

Handling Communication with the Insurance Company

From day one, insurers gather information to protect their bottom line—not your well-being. An experienced attorney can:

• • Take over all direct communication with the insurance company
  • Make sure nothing you say or submit is misunderstood or used against you
  • Push back against unreasonable requests, biased “independent” exams, or surveillance tactics

Appealing a Denied Claim

If your LTD claim is denied, you have the right to appeal—but under ERISA law, your appeal is often your last chance to add evidence to the record. An experienced attorney will:

• • Review the denial letter and identify where the insurer got it wrong
  • Gather and submit the strongest possible medical and vocational evidence
  • Draft a persuasive appeal showing why you meet the definition of disability

Litigating in Court

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’s why it’s 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’s arguments, and advocate for your rights every step of the way.

Riemer Hess Client Success Story

Riemer Hess has successfully secured long term disability benefits for thousands of our clients, including those with brain cancer. We understand the intricacies involved in navigating these claims and the best strategies to make your path to benefits as smooth as possible.

Here is an example of a client with brain cancer who we helped win long term disability benefits:

“Jim,” 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’re 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.