BENIGN BRAIN TUMORS & SSD BENEFITS
WHAT ARE BENIGN BRAIN TUMORS?
Benign brain tumors, or noncancerous brain tumors, are abnormal growths of cells that develop in the brain. Unlike malignant tumors, benign brain tumors do not invade nearby tissues or spread to other parts of the body. Although they are not cancerous, they can still cause problems depending on their size, location, and rate of growth.
Generally, the prognosis for benign brain tumors is better than malignant tumors. However, the outlook can depend on the location and size of the tumor. Also, the size of the tumor can impact the brain tissue. Some benign tumors may cause neurological issues and you will need to be checked for further symptoms. Other brain tumors can be surgically removed or treated and you will have a complete recovery.
The 5 year survival rate for people younger than age 15 with a brain tumor is about 97%. In people ages 15 to 39, the survival rate is 97%. Likewise, the survival rate is over 87% for adults who are over age 40. The survival rate for benign brain tumors is much higher than for those with malignant brain tumors. In 2021 there were almost 83,000 people with brain tumors in the US. Out of those, about 24,000 had malignant tumors and 59,000 had benign brain tumors. In one study from 2021, scientists estimated that 18,600 people out of 83,000 would die from the disease.
TYPES OF BENIGN BRAIN TUMORS
Meningioma is the most common primary brain tumor, as it accounts for more than 30% of all brain tumors. Meningiomas start in the the outer three layers of tissue that cover and protect the brain just under the skull. Women have meningiomas more often than men. About 85% of meningiomas are noncancerous tumors. Almost all of these tumors are benign, but some can come back after treatment.
Adenoma, a type of tumor that grows in the gland tissues, is the most common type of pituitary tumor. Pituitary adenomas develop from the pituitary gland and they grow at a slow rate. About 10% of primary brain tumors are diagnosed as adenomas. They can cause vision and endocrinological problems. Usually, adenomas are benign and can be treated with surgery and medication.
Craniopharyngiomas are benign tumors that grow near the pituitary gland. They can appear as solid tumors or cysts. These tumors often press on the nerves, blood vessels, or parts of the brain around the pituitary gland. They can also cause vision loss and endocrinological issues.
Schwannoma or acoustic neuromas are benign tumors of the nerve that connects the ear to the brain. Less than 8% of primary brain tumors are acoustic neuromas. These tumors usually develop in middle aged and often cause hearing loss. Schwannomas can also affect the trigeminal nerve. These are called trigeminal schwannomas, which are less common than vestibular schwannomas, and can cause facial pain.
Nasopharyngeal angiofibroma is a benign skull base tumor in the nose that usually occurs in teen boys. It is the most common benign tumor of the nasopharynx. It spreads to areas around the nose, causing symptoms such as congestion and nosebleeds.
CHOROID PLEXUS TUMOR
Choroid plexus tumors are rare tumors that are found in the choroid plexus — the part of the brain that produces cerebrospinal fluid. About 90% of these tumors are benign. They most often occur in children under the age of 2 and can cause hydrocephalus, which is a buildup of cerebrospinal fluid on the brain. This can result in pressure on the brain and enlargement of the skull.
Neurofibromas are benign, generally painless tumors that can grow on nerves anywhere in the body. In some cases, these soft, fleshy growths develop in the brain, on cranial nerves or on the spinal cord. Multiple neurofibromas are a symptom of a genetic condition called neurofibromatosis type 1 (NF1).
Hemangioblastomas are benign tumors of the blood vessels that can form in the brain. These tumors can often be removed through surgery.
Chondromas are very rare benign tumors made of cartilage. They can develop in the cartilage found in the skull base and the paranasal sinuses. However, they can also affect other body parts such as the hands and feet. Chondromas occur in patients between the ages of 10 and 30. While these tumors grow slowly, they may cause the bone to fracture or grow too much, creating pressure on the brain.
Osteomas are benign bone tumors that develop on the skull base and facial bones. These slow growing tumors cause no symptoms. However, if large osteomas grow in certain areas of the brain, they can cause problems with breathing, vision or hearing.
SYMPTOMS OF BENIGN BRAIN TUMORS
The specific symptoms of benign brain tumors depends on the type, size, and location of the tumor. Here are some common symptoms that occur with benign brain tumors:
- Headaches: Frequent headaches are a common symptom. The headaches may be dull or throbbing and are often worse in the morning or after physical activity.
- Seizures: Many people with benign brain tumors experience seizures, which can range from mild to severe. Seizures may cause muscle spasms or loss of consciousness.
- Cognitive and memory problems: Tumors that affect the areas of the brain responsible for cognition and memory can lead to problems with concentration, memory loss, and changes in personality or behavior.
- Vision and hearing problems: Tumors located near the optic nerves can cause visual disturbances such as blurred vision, double vision, or partial loss of vision. They can also result in hearing loss, ringing in the ears, or other auditory issues.
- Balance issues: Tumors in certain areas of the brain can affect balance and coordination, leading to problems with walking.
- Nausea and vomiting: Increased pressure within the brain caused by a tumor can result in nausea and vomiting, especially in the morning or after changes in body position.
- Weakness or numbness: Tumors that press against or invade certain areas of the brain can cause weakness or numbness in specific body parts. For example, a tumor in the frontal lobe may cause weakness or paralysis on one side of the body.
- Hormonal imbalances: Benign brain tumors located near the pituitary gland can disrupt hormone production, leading to various hormonal imbalances. This can cause symptoms such as weight gain or loss, changes in appetite, mood swings, or menstrual problems.
TREATMENT FOR BENIGN BRAIN TUMORS
Treatment for benign brain tumors depends on the type and location of the tumor. However, surgery is usually done to remove most benign brain tumors. Once surgery occurs, the tumors do not usually come back after being removed. It is possible, however, for some tumors to grow back or become cancerous. If all of the tumors cannot be removed, there are other treatments. For example, you can have radiotherapy and chemotherapy.
APPLY FOR SSD BENEFITS FOR BENIGN BRAIN TUMORS
If you have benign brain tumors, then there are two types of benefits you can file for under the Social Security program: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. In order to receive benefits, you must first file an application. You can do this online at Social Security’s website. Below, please find an explanation as to each type of benefit you can apply for if you have benign brain tumors:
SSDI benefits are for those who have worked in the recent past and can no longer work at any job due to a medical condition. The amount of money you will receive from SSDI benefits every month is based on how much Social Security tax you have paid during your work history. To qualify for SSDI, you must have earned enough “work credits” to qualify. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, you will only qualify for Supplemental Security Income benefits.
SSI is a needs based benefit and it is for those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income. If you have a spouse who earns more than $4000 a month, for example, then that income will be the factor in whether you can receive SSI benefits. You cannot qualify for SSI benefits, no matter how severe your benign brain tumors, if you do not meet the income and asset rules for SSI.
SSA LISTING 11.05 FOR BENIGN BRAIN TUMORS
In order to be paid benefits for benign brain tumors, you will need to meet or equal the following elements of listing 11.05. The listing requires that the brain tumors create motor function issues that prevents you from using your legs to balance or use both of your arms. Therefore, the brain tumors must have an extreme impact on your physical function.
11.05 Benign brain tumors, characterized by A or B:
A. Disorganization of motor function in two extremities, resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.
B. Marked limitation in physical functioning, and in one of the following:
- Understanding, remembering, or applying information; or
- Interacting with others; or
- Concentrating, persisting, or maintaining pace; or
- Adapting or managing oneself.
The difference between how the SSA looks at a benign brain tumor and a malignant one, is that the SSA will look at the benign tumor under the body system that it impacts. For example, if you have a vision problem from a benign brain tumor, then the SSA will look at it under the vision listing.
WHAT IS DISORGANIZATION OF MOTOR FUNCTION
As shown above, in order to meet the listing your benign brain tumor must have an extreme impact your motor function. Disorganization of motor function means that you have problems with movement in two extremities. For example, you will need to prove problems with your lower extremities or your upper extremities. This includes your fingers, wrists, hands, arms, and shoulders. You must also show problems with being able to:
- Stand up from a seated position; or
- Balance while standing or walking; or
- Use the upper extremities.
Usually, this type of problem in motor function requires that you need to walk with two canes, use a walker or a wheelchair. Learn more information about the use of assistive devices here.
PART B OF LISTING 11.05 FOR BENIGN BRAIN TUMORS
UNDERSTAND, REMEMBER, OR APPLY INFORMATION
If you cannot prove Part A of listing 1.05, then you can argue that you meet Part B. The Part B elements may be easier to prove as you only must show a marked limit in your physical function and a marked limit in one of four mental areas.
The first area of mental function is in your ability to understand, remember, or apply information. This area of mental function refers to your ability to learn, recall, and use information to perform work activities. Examples include: understanding and learning terms, instructions, and procedures. It also means being able to follow one or two step instructions to carry out a task, describe work activity to others, and your ability to ask and answer questions.
Likewise, it includes giving explanations, knowing you have made a mistake and being able to correct it. It also includes being able to identify and solve problems. These examples show the nature of this area of mental function. However, the SSA does not require evidence for all of the examples.
INTERACT WITH OTHERS
This area of mental function refers to your ability to relate to and work with your boss, other workers and the public. For instance, if you have a marked problem you may have trouble getting along with others. Additionally, you may also have problems asking for help or handling conflicts with others.
Other examples in this area are stating your own point of view and starting conversation. It also means you can understand and respond to social cues. The SSA does not require that you document all of the examples. However, they are looking at your record to see if there are examples of trouble in this area of function. The reason why this area is so important is that almost all jobs require you to deal with other people.
CONCENTRATE, PERSIST OR MAINTAIN PACE
This area of mental function refers to your ability to focus attention on work and stay on task at a normal rate. Examples include doing tasks that you understand and know how to do and working at the same pace as others. You need to able to complete tasks in a timely manner and work without bothering others.
Other examples include working with others without distracting them. Also, the SSA will look at whether you can keep up with a normal routine at work and have regular attendance. Other examples include working a full day without needing more than the given number of rest periods during the day. These are the examples that the SSA is looking for in your medical records.
ADAPT OR MANAGE ONESELF
This area of mental function refers to your ability to control your emotions and maintain normal behavior at work. For instance, if you have mental issues in this area you may have problems responding to demands and dealing with change.
The SSA does not require evidence of all of the above examples. However, if you have evidence from a boss at an old job that shows you cannot manage yourself in a work setting, then you should submit it to the SSA.
IS HIRING OUR LAW FIRM EXPENSIVE?
No. We are not expensive to hire, because we only charge you an attorney fee if we win your case.
It also doesn’t cost you any up front money to hire us. Why? Because you only pay us an attorney fee if we win your case. This is a contingency fee. It means if we win, you pay us out of your back benefits. If you do not win, you do not pay an attorney fee. How much is the fee? It is 25% of your back benefit.
Also, there is a cap on the attorney set by the SSA at $7200. You never pay more than the fee cap at the hearing stage of your case. And, 25% of your back benefit is usually less than the $7200 cap. You will pay the lesser amount between the fee cap and 25% of your back benefit.
If there are costs in your case, like getting medical records, then you pay for those costs. But the costs are usually less than $100. Typically, if a doctor charges for copies of your medical records, then that is your cost.
You will owe the costs in your case whether we win or lose your case. However, your attorney fees come from your back benefit and you pay them only if we win your case.
We will use our skills to help you through the Social Security appeal process. It is our goal to make filing for SSD and SSI benefits easier for you. We offer a free review of your case for benign brain tumors. There is no pressure to become a client if you call. Even if we don’t accept your case, we will still try to help you.
YOU ONLY PAY AN ATTORNEY FEE IF WE WIN YOUR BENIGN BRAIN TUMOR CASE
Prior to filing your application for benefits for benign brain tumors, you may need to hire an attorney. In order to hire Cannon Disability Law, all you need to do is call or contact us. We offer a free review of your case over the phone. And, it doesn’t cost anything to call us.
Better yet, it also doesn’t cost you any money up front to hire us. Why? Because you only pay us an attorney fee if we win your case. It means if we win your SSD case, you pay out of your back benefits. If you do not win, there is no attorney fee to pay. If we do not win, then there is no attorney fee.
However, if there are costs in your case, then you pay those. But usually those costs are less than $100 and consist of getting your medical records. Once we win, we are paid from your back benefit. But, to hire most lawyers, you have to pay upfront. We don’t work like that. You don’t have a job. So, the only way to pay us, is for us to win your case. That is our goal. Our law office is in Salt Lake City, UT. But we can represent you no matter where you live. Call and see what we can do for you.
WHAT WILL IT COST YOU IF YOU DON’T HIRE THE RIGHT LAWYER?
What will it cost you if you don’t hire a lawyer with the legal experience to win your case? If you win your benefits, you will be paid monthly benefits for the rest of your life. For example, if you win benefits at 50 years old, then you will be paid monthly for the next 17 years. You may also win two of years of past due benefits. That means 19 years of payments to the average 50 year old.
Nineteen years is is 228 months. At $1200 a month (which is a lower than average benefit amount), that is $273,600. Additionally, you will win a higher retirement benefit after the age of 67. Let’s say the average higher retirement benefit is $300 a month and you live to be 90 years old. That is another $82,800.
It costs 25% of your back benefit OR $7200 from your back benefit to pay your attorney. You pay whatever is less and only if you win. Let’s pretend you pay the maximum fee of $7200. If you win your case, then your attorney has just won you $356,400, plus early Medicare benefits. You attorney will be paid $7200 and you will be paid $349,200.
All attorneys charge the same amount. So, you can go it alone and not hire an attorney, but chances are you will lose $356,400. Or, you can hire an attorney with no experience and still pay $7200. Finally, you can hire an attorney with over 30 years of experience and still pay $7200 and win $349,200. The choice is yours. But, we hope you can see that the cost of a lawyer with 30 years of experience is “worth it.”
WHAT WE DO TO HELP YOU WIN SSDI AND SSI BENEFITS
If you have benign brain tumors that are keeping you from working, then you need help to apply for Social Security benefits. You can always call our law firm and we will help you. We can help you file your application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSDI and SSI benefits
- Inform the SSA they should automatically pay your benefits under the Compassionate Allowance Rules
- Appeal if you receive an initial denial from Disability Determination Services
- Help you confirm your Consultative Exam
- Request a Hearing with an Administrative Law Judge (ALJ
- Prepare you to testify at your SSA hearing
- Represent you at your hearing and question the witnesses
- Read more about vocational experts here
- Learn more about medical expert testimony here
- Request review of an SSA decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, the SSA will not process your application. Sign it and send it back as soon as you can.
HIRE US FOR OUR YEARS OF LEGAL EXPERIENCE
If you have benign brain tumors, then you need to hire a law firm with experience to help you win your benefits. Cannon Disability is one of the best Social Security law firms in the country. We are one of the best Social Security benefits firm in Las Vegas, Nevada. Also, we are one of the best Social Security law firms in Salt Lake City, Utah.
Learn more about Utah SSD benefits here. Nevada SSI Information is on this website. We also represent clients in Idaho. For Idaho benefits read here. Find out more about Colorado SSDI benefits here. Likewise, if you are from California, go here for California SSD & SSI information.
Over the last 30 years, we have won thousands of SSDI and SSI claims. Additionally, we have won over $100 million in SSD and SSI benefits for our clients. It has become more difficult to win Social Security cases. Also, SSA’s listing rules are harder to meet. That is why you need an attorney who will help you win your case.
We recommend you do not go to your hearing without an attorney. Why? Because a lawyer can prepare you for your hearing. She can explain the judge’s questions. Preparation will help you win your case.
Those who come to the hearing without counsel are usually not successful in winning benefits. You should hire an attorney who has legal experience winning SSD and SSI benefits. Contact Cannon Disability Law today. We can help you win benefits for benign brain tumors. Call us today and ask us for a free review of your case.