Personal Injury Law
Headaches & Migraines
Personal Injury Law
Long Term Disability Claims Arising from Headaches and Migraines
Headaches and Migraines can be severe when they occur. A single migraine attack can last for three days and render you completely incapacitated. Even though the pain starts in the head, it can quickly spread to all the body parts. In such circumstances, the extreme pain can render you unable to think, work or do anything in a proper manner.
Headaches & Migraines – What is it?
Thousands of Canadians suffer from migraines and chronic headaches every year. They experience symptoms such as nausea, unsettled stomach, extreme pain from one of the five senses, mostly eyes. Many times, mood swings, occasional headaches and vision issues may occur.
These debilitating symptoms can also cause you to miss or unable to do any work. In such situations, exposure to light and excess mental and physical exertion can increase the severity of the migraines and headaches.
LTD benefits for Headaches & Migraines – Basic Guidelines
Insurance companies cite reasons such as lack of clarity and complexity in measuring the migraine symptoms to reject a disability claim application. Let’s know more about claims arising from headaches and migraines.
Headaches are classified into two categories – primary and secondary. Secondary headaches are reported to generate from a base disorder such as a tumor. Primary headaches happen more and can be majorly chronic on their own. They cannot be easily diagnosed and hence are treated very skeptically by insurance companies. Many long-term disability claims arising from headaches and migraines are denied due to the difficulty in their diagnosis, treatment and cure.
Due to the above reasons, it is advisable to maintain all records, bills and medical receipts since the time the disability was first diagnosed. All written evidence is unarguably stronger than any verbal statements. Make sure that all your treatments are supported with proper documentation and records. Anytime you are not convinced of a doctor’s opinion; you should take a second opinion to test all your doubts.
Migraines and headaches are treated with medication as there isn’t any definite cure for their root causes. You will also need to prove that migraine and headaches are causing substantial disruption in your work and daily life. At work, you should be able to prove that the ability to perform your daily deliverables is massively diminished or almost non-existent.
Your insurer will take time to vet the claim application thoroughly. They will request for all detailed records whether personal or medical in nature. They may also ask you to get a second opinion that is known as an independent medical examination.
Consistency and accuracy of all your medical and personal documentation will be of prime importance. Any discrepancy in your claim documentation can lead to rejection of your LTD claim. Since there are time limits for every kind of a long-term disability claim, it is vital that you make your claim as fast as possible.
If your disability claim from a migraine has been denied, get in touch with an experienced disability claims lawyer. At Nanda & Associate Lawyers, you will get skilled legal and knowledgeable support to deal with your disability claim applications to settle all disputes. Call our office today for an initial consultation.
How We Can Help
We understand that there are challenges in making a strong LTD disability claim as migraines may not be adequately visible to all. Being denied the benefits can be very upsetting. In such a circumstance, it is vital to take charge and understand your options. We will make sure to present robust legal and documentary evidence for your case so that total disability can be established to achieve favorable results.
Frequently Asked Questions
Do severe migraines or headaches qualify for disability benefits in Canada?
In addition to coverage under government programs such as CPP Disability and the Ontario Disability Support Plan, if you have private insurance coverage or insurance coverage through work, you may also have coverage for these conditions through those policies. However, this is dependent upon the specific terms of your policy. At Nanda and Associate Lawyers, our disability lawyers can help you with your claim and guide you through the process.
How does migraine affect someone’s ability to work?
Migraines can affect a person’s ability to perform the daily activities associated with their professional and personal life. At the workplace, it will debilitate the person’s ability to focus on the task at hand. The office environment with bright lighting and noise might make it worse. The effects of chronic migraine, such as dizziness, sensitivity to sound and light, mood changes, nausea, fatigue, and throbbing pain, will make it impossible to get any work done. Also, it is widely reported that individuals suffering from chronic migraines over a period of time develop other problems, such as depression and anxiety disorders.
Can you be denied disability benefits for migraines?
You have to prove that the medical condition you are suffering from has significantly impaired your ability to work. This is the basic requirement for obtaining disability benefits for any medical condition in Canada. In the case of less obvious medical conditions like migraines, it might be difficult to convince the insurance provider that you are unable to perform the tasks at the workplace. However, chronic migraine is a well-known and well-documented medical condition. If your condition is genuine, you can easily obtain a letter from your treatment team and submit your medical records to the insurance provider as proof.
How can a disability lawyer help me with my rejected claim?
Unlike many other disabilities, the effects of migraine on your ability to work can be harder to prove to the insurance provider. In some cases, the claim for disability benefits might be rejected completely, or only partial disability will be approved. If you are unable to work at all because of your disability, you may approach the courts against the insurance providers for denying your claim. At Nanda and Associate Lawyers, our disability lawyer experienced in such cases can help you fight for the full benefits you are entitled to. He can build a strong case on your behalf with testimony from medical experts to prove how your condition debilitates your ability to work.