Personal Injury Law

Disability lawyers

Personal Injury Law

Chronic Pain Lawyers

Sometimes, the pain you acquired as part of an injury or illness lingers on for many months and years. In the past, doctors used to consider such pain as just a symptom of the underlying condition the patient was suffering from. But this approach has now changed. The medical community has started to consider such long-lasting pain as a separate medical condition by itself. Many insurance policies often include this condition, known as chronic pain, in their list of covered conditions. If you are suffering from a similar pain well beyond the recovery period, it may be time for you to file a long term disability claim with the help of Chronic Pain Lawyers.

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What is chronic pain?

Pain happens when the brain receives signals from the nerve cells near the skin or internal organs, indicating an injury or inflammation. For example, when you get a cut on your finger, the nerve cells in that area send the pain signals to the brain. If you take a painkiller medication, it will try to block or reduce these signals reaching the brain, which decreases the pain at least until the effects of the drug wear off. The nerve cells in the area will cease sending these signals to the brain once the injury heals.

Acute pain refers to the high levels of pain the patient will suffer from because of an injury, serious tissue damage, or a recent surgical incision. Acute pain will persist in the patient for several weeks until the injury or illness resolves. Chronic pain, on the other hand, continues beyond this usual recovery period. It could last for many months or years. In some cases, it will accompany a chronic medical condition like arthritis. The pain might completely disappear only to come back a couple of days later. The constant presence of pain in the patient’s life will affect his quality of life and interfere with various activities, like sleep, exercise, or even eating.

What are the causes of chronic pain?

In the case of a chronic medical condition like cancer, it is clear that as long as the condition remains, you will suffer from chronic pain. However, in many cases, chronic pain, originating from an injury, persists even after it has fully healed. Even after the healing, the nerve cells continue to send pain signals to the brain. After enduring this pain for a few months, many patients will experience insomnia and depression. In certain cases, this condition may also result in an addiction to painkillers. Obviously, a patient suffering from this condition will not be in a condition to work and will require long term disability benefits to get through this difficult period.

How can our Disability lawyer help you?

Most insurance companies now include chronic pain as a separate medical condition in their policies. If your chronic pain comes from an underlying condition for which you already received benefits under the policy, the insurance company might reject further claims. It is best to have a Disability lawyer by your side in such cases. Your lawyer will go through your medical records and the policy document to make sure that your condition qualifies as a long term disability as per the local laws and the policy criteria. Should the insurance provider raise a dispute, you may need to engage an independent medical examiner to validate your claim.

The independent medical examiner will examine the nature of your pain, its duration and intensity, how it affects your work and daily life, and the effects of pain medications and therapies on it. Typically, if your pain persists beyond six months after your expected recovery, it will be considered chronic pain. The examination will also include other effects of your chronic pain, like depression, insomnia, dependence on pain medications, and any side effects you might be suffering from the medication. To qualify for the long term disability benefits, you must prove that your chronic pain impairs your ability to perform your duties at work.

Frequently Asked Questions

What are some of the reasons for denying a disability claim?

“Your condition does not meet the definition of Total Disability”. This is one of the common replies many applicants receive when their long term disability claim is rejected. This means that the insurance company considers your condition manageable through medication and therapies without affecting your work. You need to demonstrate that your condition meets the criteria for Total Disability.
Lack of medical evidence. You must submit the diagnosis reports, test results, treatment plan, and a letter from your doctor, all of which clearly demonstrate that you have been suffering from chronic pain for the claimed duration and how it has affected your work.
Pre-existing conditions. If your chronic pain stems from a condition you already had before the start of the policy, your claim is likely to be rejected.
You did not follow through with the prescribed treatment. You must follow the doctor’s prescribed treatment plan already submitted to the insurance company. It can be frustrating when your pain persists despite treatment. But before you switch to a different treatment plan, consult with your lawyer to make sure that this does not disqualify your benefits claim.
Errors in your application. You have to double-check all the entries in your application. It is best to let your lawyer review it thoroughly before you submit it. Any errors or inaccurate information in your application might lead to rejection.
Failure to meet deadlines: Your policy document will specify the timelines you must follow when submitting the forms and the supporting documentation for your claim. Stick to these deadlines to avoid automatic disqualification of your claim.

What are the types of compensation you can claim?

The benefits you will receive depend on the terms and conditions mentioned in the policy document. This might include the following:

Income replacement: You will receive income replacement benefits for the duration of your disability as per the terms mentioned in the policy. Depending on the nature of your condition, you can apply for short-term disability benefits or long-term disability benefits until your recovery. For example, some policies cap this at 60% of your pre-disability employment income.
Medical, therapeutic, and rehabilitation expenses: Chronic pain can lead to severe suffering, sleeplessness, and depression. This often leads to abuse of painkillers or addiction. The patient must undergo regular psychological counselling, therapeutic interventions, and rehabilitation to be able to live with constant pain for such a long period. Typically, the policy covers these expenses.
Expenses for employment rehabilitation: Some policies offer coverage for any training you have to undergo for a new line of work more suitable to your current physical condition.

What are your options in case of a rejection?

Since chronic pain typically results from an injury that has already healed, your application may initially face rejection. Your application’s success then depends on the independent medical expert’s testimony. Do not exaggerate your pain or symptoms to the independent medical examiner. Although the average layperson may find it difficult to understand, the medical community recognizes and treats chronic pain as a long-term disability. Our legal team will help you draft and submit your appeal against the rejection before the deadline. If necessary, you also have the option to file a lawsuit against the insurance provider for rejecting your genuine claim.

How We Can Help

If you are dealing with the complexities of getting your long-term disability claim approved, get in touch with our Disability lawyers today. Our team of experienced lawyers can assist you in the process and guarantee the full entitlement you deserve.