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Attorney Disability Claim Help for Neck Pain or Cervical Spine Problems


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Disability Insurance Claims Dealing with Neck Pain and Disorders Video

Disability claims which are the result of neck pain, also known as a cervical disorder are one of the most common causes of disability insurance claims. At least 20% of the claimants we represent are unable to work as result of a neck disorder. It is not usually the limited range of motion that prevents a person from working; rather it is the intermittent pain which prevents a person from being able to focus on their job. In order to have the best chance of collecting disability benefits it is imperative to be able to prove how your neck condition prevents you from working. Our disability lawyers know exactly what the disability insurance companies are trained to look for in order to approve a neck disability claim. We work with your treating doctor(s) and you to obtain the best medical documentation possible of your medical condition. If you are not treating with the appropriate physicians, then we will make doctor recommendations so that you can obtain the required proof to get your claim approved. Don’t assume that a letter from your doctor saying you are disabled is sufficient, because it is not. Disability insurance claim representatives are trained to look for reasons to deny claims. Call us for a free consultation to discuss how we can assist you with your short or long term disability claim. At any stage of your disability claim we are available to assist you.

Objective Evidence of A Neck Pain Disability Claim is Very Important

Insurance companies often turn people down because neck problems are common, especially as we grow older. Disability companies will often argue that there is no objective evidence to support restrictions and limitations caused by neck pain. Examples of objective evidence of a neck disorder could be an X-ray, MRI, CT-Scan, EMG, nerve conduction study, discogram or injections performed under fluoroscopy. Objective testing in all neck disability claims is essential. Positive finding are not required to collect, but a disability claim is much more challenging if the objective testing does not have any abnormalities. There are a high percentage of claimants that have normal objective testing but still have debilitating pain. Some long term disability policies require positive findings of radiculopathy or myelopathy in order to receive benefits for longer than 24 months. Our lawyers have handled thousands of neck disorder claims and have an in-depth understanding of all disorders of the cervical spine. It is important to treat with a doctor that knows how to administer the proper diagnostic testing.

Disability Insurance Company Tactics Used to Deny Neck Disability Claims

Most insurance companies hire in-house physicians to review your medical records and make a decision about your ability to work, even though they may never meet claimants or physically examine them. They will also obtain video surveillance of you and have it reviewed by their hired gun physician. Your best defense against this tactic is routine examinations from your treating physician(s) and obtaining the proper diagnostic testing. It is essential to have a treating physician who properly documents all of your complaints, restrictions and limitations. Appeals courts will often rule against insurance companies when they ignore statements from treating physicians. We recommend that people with neck disability claims treat with an orthopedist, neurologist or a pain management doctor, also known as a physiatrist. In some cases we will recommend that our clients undergo a functional capacity exam (FCE). FCE can be useful in the correct types of cases. We also recommend the use of a daily pain journal. Record all the information you have, including dates, symptoms, treatments, medical visits and time taken off work. This could all be important later.

Our Experience with Neck and Cervical Spine Disabilities

Some of our successfully resolved cases about cervical spine and neck pain include:

$79,000 in long term disability insurance benefits is recovered for disabled teacher

Berkshire approves total disability benefits for litigation attorney following surgery to remove a cancerous tumor and multi-level fusion of cervical spine

Attorneys Dell & Schaefer win long-term disability trial against Prudential Insurance Company Of America on behalf of time-share salesperson suffering from cervical disc disease

Lincoln Financial approves long-term disability benefits for financial advisor injured in car accident

Contact our disability insurance lawyers today to find out if we can help. We offer free consultations so you can find out instantly what your best options are.

Resources For Neck Pain Disability Claims

For more information about neck and cervical spine disabilities, visit the following sites:

To learn more about how new laws or cases might affect your benefits, check back to this page, as we frequently update it with relevant information.

There are 10 opinions so far. Add your comment now.

Mark Finkelstein:

I have been approved for Social Security disability benefits and receive them. I also have been approved for disability benefits with MetLife and receive them (till 2024). My question is how often can MetLife ask for supportive medical documentation? They received everything, all office visits, M.R.I’s and cat scans, x-rays. The last visit was 7/2011, now 3 months later they want follow up doctor’s notes by 10/2011, but my next appointment is not until 1/2012.

Attorney Greg Dell:

Mark,

The short answer is that MetLife can ask as often as they want. Sometimes they ask Monthly and sometimes they ask annually. There is not consistency with MetLife.

Mike Green:

I am working right now only 4 hours a day and finding it very difficult. I just had my second neck surgery in 4 years. I have been diagnosed with neck pain, neck cervical stenosis, neck disk disease and some other I think. Also arthritis. This last surgery was for a disk out of place that was making my right arm not to work. Well they put a metal sky cage and some screws in the back of my neck and fused something together. I thought this was for my neck pain until the surgeon said this is basically for your arm to start working again. My first surgery the doctor worked on c-2 all the way up to the top one. The second surgery was just c6-c7 fusion. My pain is awful. I work as a cashier in the corporate deli at Costco. I make good money and great benifts but I am afraid I cannot do the work as I am in pain all the time. My physical therapist said changing to a desk job will not stop your pain as you are looking down at a computer and still pulling the muscles in the back of the neck which is where all my problems are the worst. I started back to work after this last surgery 3 weeks ago. I had to have my doctor adjust my resctions to more weeks at 4 hour days as this is all I can take. I then go home and use ice the rest of the day. I feel this last surgery made my neck worse. I take pain medicine 120 oxycodone a week but find myself coming up short lots of the time as I have to take them in the middle of the night when I wake up 3-4 times a night. I do not get more than 3-4 hours of sleep at a time. So I don’t know what to do. I am now starting to think I might go for this disability thing even though I would lose Costco (the best job I have ever had and my benefits). Next week I am suppose to go to 6 hour shifts for two weeks then back to full time. I do not know If I can do the 6 hours shifts. I have had to leave early because of the pain even though I still take the pain medicine. What should I do? Who can live on 1040.00 a month? Thanks, Mike Green.

Attorney Greg Dell:

Mike,

You are in a very tough position as you have a great job. If you get laid off, you may have no coverage at all, so you need to consider this. You may also be eligible for SSDI as well. You need to obtain a copy of your STD and LTD disability plan documents from your employer. Contact us privately and we will let you know how we can assist you.

Dana:

I am about to turn 50 years of age, I have had 3 cervical spine surgeries, first being a single level anterior Discectomy and fusion with bone graft due to disk (herniation and compressed spinal cord), the 2nd in 2008 being 5 level Anterior Discectomy, fusion with hardware – I know have 5 plates and 12 screws down my entire neck – (herniated disk, kyphosis, osteoarthritis and compressed spinal cord with degenerative disk disease). 3rd 2010 for a posterior Foraminotomy of one level (nerve root compression that did not resolve with the previous surgery). I just had a 2 level microdisectomy – L4-5 and L2-3 surgery done on my lower back as well for (herniated disc, nerve root compression). I have chronic pain, neck pain and headaches along with pain, tingling and numb feelings that go down my left arm into my hand. It was also noted I have occipital Neuralgia. I have Fibromyalgia as well. I was told recently that my neck also requires another surgery to try to help some of the symptoms but it is not a simple surgery and my neck is very complicated the Dr. said. I do not wish to have a 4th surgery. With my low back issue my legs are week and I have no endurance to withstand any distance walking or standing any duration right now longer than about 10-15 mins time. I am also being treated now for depression as well as the Fibro and still in post op from back surgery. I have also just been issued a Perm Handicap tag by my primary doctor. My employment work position is fairly sedentary, I am a Medical receptionist, there is a lot of sitting, getting up and down, continuous work on the computer and phones it requires accuracy especially dealing with medical messages etc., assisting patients as needed. But, I have a lot of fatigue, requiring me to lay down several times a day, the chronic pain and stiffness make it near or impossible to even get up and the headaches or fairly continues several times a week. I have muscle spasms that occur out of no where and it is never a given of when any of these will strike. I have been with my office 7 years, missed a lot of work with the multiple surgeries, late getting in due to not moving, brain fog and sluggishness. I have had to leave many times due to the headaches and or spasms or pain is just too much. I have been on Short Term Disability and have been sent forms from my employer for Long Term Disability to be applied for. I am seeking to file for SSD and am wondering really what are the chances of my LTD being approved.

Attorney Stephen Jessup:

Dana,

Without knowing the language in your policy or a better understanding of your medical conditions, occupational duties, and how the former affects the latter, we would not be able to say. Please feel free to contact our office should you wish to discuss how we may be able to assist you.

Joanne:

I was working for Sam’s Club, and in 2008 I injured myself. I was doing a lot of lifting. I collected unemployment and a settlement, because of my injury at Sam’s Club. I had injured my neck pretty bad. I was told in the settlement, that Sam’s Club is being held responsible for the injury. Now, it is 2014 and the pain in my neck as gotten worse. I have such bad neck aches that the pain is very sharp, like needles going up to the back of my neck. Since Sam’s Club said they are taking full responsibility for this problem, would I be able to apply for SSDI? I have saved all of my papers from my attorney and Sam’s Club.

Attorney Stephen Jessup:

Joanne,

Entitlement to SSDI is based on having sufficient work credits to be eligible for benefits and then having a medical condition that would prevent you from working. I would suggest you consult with an attorney that specializes in SSDI. Additionally, I would suggest that you speak to your employer to see if they have a group disability policy you might be eligible for benefits under.

Teresa Forrester:

I’ve worked for the USPS for 31 years. I’ve had a cervicle fushion 12 years ago. My surgeon says I need another one. Severe cervicle stenosis. I retire in 3 years. I cannot do my duties at work and miss a lot. I have allot of flare ups. No matter what I do it’s always painfull. How hard would it be to get disability retirement from the P.O.?

Attorney Stephen Jessup:

Teresa,

Each case is very fact specific to medical condition, level of treatment, restrictions on account of same, and the duties of your occupation. Without knowledge as to the preceding it would be hard to know.

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