Neck / Cervical Disorders Disability Insurance Benefits Claim
View Disability Cases Involving Neck / Cervical Disorders Disability Insurance Benefits Claim
Disability insurance carriers often claim neck disorders are not disabling. How Can Disability Insurance Attorneys Dell & Schaefer Assist You?
As disability attorneys, Dell & Schaefer have represented numerous long term disability claimants that have been unable to work as a result of suffering neck / cervical disorders. 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.
In many cases a person does not have a positive objective finding, yet the claimant’s neck pain is disabling. Additionally, a person suffering with a neck condition will also have pain in their shoulders and other upper extremities which causes limitation. Another common argument is that the claimant’s degenerative cervical condition is normal for his or her age so there should be no limitations or restrictions. This argument is weak and usually easy to defeat.
Doctors treat the patient and not the chart. It is essential to have a treating physician that properly documents all of your complaints, restrictions, and limitations.
Disability Attorneys Dell & Schaefer have an expansive understanding of the significant restrictions and limitations that a person with neck pain and limitations must live with on a daily basis. We have worked closely with top physicians in order to sufficiently satisfy a disability carrier’s threshold of evidence necessary to prove that a client is disabled by a neck disorder.
Not everyone suffering from a neck disorder qualifies for long-term disability benefits, therefore the medical records of each client must be reviewed to determine the level of restrictions.
We welcome the opportunity to discuss your long-term disability claim.
You can contact us for a free initial consultation.
What is neck and/or cervical disorder?
The cervical spine consists of 7 small vertebrae, intervertebral discs to absorb shock, joints, the spinal cord, 8 nerve roots, vascular elements, 32 muscles, and ligaments. The nerve roots stem from the spinal cord like tree branches through foramen in the vertebrae. Each nerve root transmits signals (nerve impulses) to and from the brain, shoulders, arms, and chest. A vascular system of 4 arteries and veins run through the neck to circulate blood between the brain and the heart. Joints, muscles, and ligaments facilitate movement and serve to stabilize the structure.
The causes of neck pain can result from a variety of causes, ranging from overuse, injuries such as whiplash, to diseases such as rheumatoid arthritis and meningitis. Let’s examine a few common causes.
Accidents are one of the most common causes of neck pain. Whiplash is a common injury sustained during an auto accident. This is typically termed a “hyperextension and/or hyperflexion” injury because the head is forced to move backward and/or forward rapidly beyond the neck’s normal range of motion. This unnatural and forced movement affects the muscles and ligaments in the neck. Muscles react by tightening and contracting creating muscle fatigue resulting in pain and stiffness.
Age related degenerative disorders such as osteoarthritis, spinal stenosis, and degenerative disc disease are known to affect the spine. Osteoarthritis is a common joint disorder causing progressive deterioration of cartilage. The body reacts by forming new bone termed osteophytes (bone spurs) that impact joint motion. Spinal stenosis causes the foramen, small neural passageways, to narrow possibly compressing and entrapping nerve roots. Stenosis may cause neck, shoulder, and arm pain and numbness when these nerves are unable to function normally. Degenerative disc disease (DDD) can cause the intervertebral discs to become less hydrated resulting in decreased disc elasticity and height. Over time, a disc may bulge or herniate causing upper extremity pain, tingling, and numbness.
Other contributing factors may include poor posture, obesity, and weak abdominal muscles. Stress and emotional tension can cause muscles to tighten and contract resulting in pain and stiffness.
Prolonged neck pain and/or neurologic deficit may be an indication of something more serious. Spinal infection, spinal cord compression, tumor, fracture, and other disorders may be responsible.
How the symptoms of neck pain can affect you
Osteoarthritis symptoms usually begin slowly. Early in the disease, joints may only ache after physical work or exercise. Other symptoms of Osteoarthritis may include swelling or tenderness in the joints, loss of joint flexibility, stiffness of the joints, a crunching sound of bone rubbing on bone and a steady or intermittent pain in the affected joint.
Stenosis in the upper part of the spinal cord is called cervical spinal stenosis. Cervical spinal stenosis can cause chronic pain and may cause similar symptoms to lumbar spinal stenosis (stenosis of the lower lumbar region) in the shoulders, arms, and legs including hand clumsiness and gait and balance disturbances. Severe cases of stenosis can also cause bladder and bowel problems, but this rarely occurs. Rarely paraplegia or significant loss of function occurs.
When a cervical disc is ruptured or herniated your symptoms may include dull or sharp pain in the neck or between the shoulder blades, pain that radiates down the arm to the hand or fingers, or numbness or tingling in the shoulder or arm. Certain positions or movements of the neck can intensify this pain.
The symptoms of a cervical herniated disc often resemble other disorders such as carpal tunnel syndrome, problems with the rotator cuff and gout. In some patients, a cervical herniated disc can cause spinal cord compression where disc material pushes on the spinal cord. Spinal cord compression symptoms include awkward or stumbling gait, difficulty with fine motor skills in the hands and arms, and tingling or “electric shock” type feelings down the torso or into the legs.
While degenerative disc disease can affect any part of the spine, it most commonly affects the low back (lumbar spine) or neck (cervical spine). People with cervical degenerative disc disease have constant neck pain and stiffness with the occasional acute episode (flare up).
Most types of neck pain usually respond well to rest, heat and cold packs, gentle stretching and over the counter pain relievers. However if your neck pain becomes chronic, your doctor may propose other treatments such as prescription pain medications, corticosteroid injections, epidurals, pain pump, TENS unit, physical therapy, traction, short-term immobilization through the use of a soft collar and surgery. Surgery is a last option for neck pain. However, it may be an option for relieving nerve root or spinal cord compression.
Resources
There are many valuable sources of neck pain information available. You can also access resources over the internet such as:
- American Chiropractic Association
- American Academy of Orthopedic Surgeons
- American Association of Neurological Surgeons
We welcome the opportunity to discuss your long-term disability claim.
You can contact us for a free initial consultation.
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Disability benefits cases involving Neck / Cervical Disorders:
Disability Insurance Info
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.
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.