If you experience chronic headaches or migraines, you understand how debilitating the pain can be. Chronic headache pain can cause frequent absences from work, making it impossible for you to hold down a full time job. Our Denied claims lawyer
often sees people who are wrongfully denied disability insurance benefits for chronic headaches and migraines under the guise that there is a “lack of objective evidence” in support of the claim.
Proving Your Chronic Headaches or Migraines Prevents You from Working
Generally, an objective test showing your disease, disorder, or other disability is the best evidence that your disability exists. Unfortunately, if you suffer from headaches and migraines, you will most likely have normal CT scans and MRIs. Don’t give up hope if this is your situation. Disability insurance companies cannot arbitrarily deny your claim for benefits when no standard object tests exist for establishing your condition.
You can, however, bolster your subjective claims of debilitating headache by:
- Seeking a specialist. If your treating physician cannot determine the source of your headaches, seek treatment with a neurologist, who specializes in diagnosing and treating disorders that affect the brain, such as headache disorders. The neurologist may be able to diagnosis your headaches and/or determine the source of your pain. Even if the neurologist cannot, you have additional medical documentation of your headaches and any related symptoms.
- Keeping a headache diary. Make regular and detailed entries about everything related to your headache including:
- The nature, severity, and duration of your headaches
- Doctor appointments related to your headaches.
- Medication you take for your headaches, its effectiveness, and side effects.
- Any urgent care you received due to your headaches.
- Missing work or leaving early due to your headaches.
What We Can Do for You
Gathering all of the right evidence in support of your claim is tedious and can be complex. Our Denied claim attorney can help ensure you have what you need by:
- Obtaining relevant medical records. In reviewing your medical records, we can ensure they are current and include:
- Your entire medical history, including your history of headaches or migraines.
- Treatment notes.
- Clinical findings.
- Test and/or radiological results.
If your headaches are due to an underlying condition that can be objectively verified, we will also provide this information to the insurance company.
- Ensuring you received all necessary tests. Some tests are performed to identify functional limitations; however, your doctor may not have ordered them because they are irrelevant to his purpose of diagnosis or treatment. We can ensure you receive all disability-related tests.
- Working with your treating physician. Written reports from your treating physicians will reveal the nature of your symptoms and your ability to work.
- Obtaining your employment records. These records may reveal the impact of your headaches on your employment such as days you were absent or had to leave early due to your migraines or headaches.
- Obtaining co-worker statements. Your co-workers may be familiar with how your headaches impact your job performance and duties.
- Presenting a compelling case. From our extensive experience in disability insurance, we know:
- The type of information disability insurance companies are seeking; and,
- How to package the information for a persuasive application or appeal.
Contact a Denied Claims Lawyer
Getting it right the first time is always best and can get you your much needed benefits faster. Contact our skilled Denied claims lawyer Jonathan M. Feigenbaum, Esquire
, at 617.357.9700