Headache Disability Insurance Benefit Claim Help From Attorneys
Individuals who experience either chronic headaches or migraines understand how the pain they experience can prevent them from working in a job environment with any reasonable continuity. Our disability insurance lawyers often see how disability insurance companies will wrongfully deny a person disabled by headaches and migraines claiming there is “no objective evidence” to support the claim for benefits.
The reality is that approximately 99 percent of individuals receiving disability benefits as a result of headaches and migraines have normal CT scans and MRIs. Unless a claimant has a brain legion or positive spinal tap, there are not tests to objectively prove a person suffers from headaches. Headache claims are generally founded on subjective complaints from those suffering. To ensure that a disability claim is approved, individuals must be able to show the proper documentation regarding all of the daily limitations the disability causes them. We have helped hundreds of individuals with headaches to obtain disability benefits. Our lawyers have worked with the world’s leading headache experts and we continually monitor the medical literature discussing headache disorders.
For example, there is an overwhelming amount of headache medical publications stating that exercise is good treatment for people with headaches and overuse of medications for headaches can be bad for a claimant. This is important information, because a disability company will video tape a claimant doing normal activities and then claim the person can work. A person suffering with headaches is not bedridden 40 hours a week and a person does not need to be bedridden in order to collect disability insurance benefits. Our firm can help you file your disability application, Appeal a claim denial, or file a lawsuit in any Federal Court nationwide.
Your Lawyer’s Understanding of Headache and Migraine Disorders is Critical
There is a diagnostic Manual for Headaches which categorizes all of the different types of headaches. Specific criteria must be documented by your treating physician in order to properly support your headache diagnosis. Our disability lawyers have a strong medical understanding of all headache disorders and we work with our clients to make sure they have the best medical documentation necessary in order to support their claim for short or long term disability benefits. Headache disability claims will be challenged by the insurance company, but with proper documentation they can be won. Contact us to learn more about how we can assist you. Regardless of where you live, we are available to assist you.
Our Experience with Headache and Migraine Disability Claims
We understand what is needed for individuals to receive disability insurance benefits. We have listed numerous examples of headache disability claims that we have handled and other cases throughout the country which Federal Courts have issued legal opinions. We regularly update this page in invite you to return for updates or join our email newsletter for weekly disability insurance news updates. Here are a few examples of some resolved Headache disability cases.
– Unum Pays Over One Million Dollars in Disability Benefits to Disabled Lawyer After Reviewing Disability Appeal Submitted by Attorneys Dell & Schaefer
– Prudential Overturns Disability Denial for Third Time to Insured with Cluster Headaches
Resources
Valuable information regarding headaches and migraines can be found online at:
I am a long time sufferer of cluster headaches… 5 plus years. Saw all kinds of specialists with no success… Can you help me?
Lynda,
We are sorry to hear about your chronic cluster headaches. If you have a disability insurance policy then we can assist you to collect disability benefits.
Hello,
I just added additional disability coverage to my exisiting employer group policy as the group policy did not come close to covering my needs.
However, since I added the new coverage (put in place about 3 weeks ago) I have developed what I would consider migraine headaches (started about 1 week ago). I have not seen anyone about the headaches yet as I am trying to deal with them with OTC meds. I have never had these headaches before.
Will there be any issues with my new coverage if this becomes debilitating given the proximity of the onset headaches and the date the new coverage was put in place?
Thanks.
Eric,
Depending on the language in the policy there could be issues- what those would be or the extent of same is really not something that can be determined at this point.
I have had some level of migraines since childhood. I have tried every med on the market. As I got older my migraines were less frequent and less serve. I am a professional person. I am 62. My job is extremely stressful. In the last 1.5 years my migraine seem to occur almost 2 to 3 times per week. I take at least two preventive meds, and one when I sense the migraine coming on. I get and have always experienced a visual aura where I lose my partial vision in my right eye. This last 15 to 20 minutes. I become nauseated and need to go to a dark quiet room. Because of the frequecy, I am forced to stay at work many days when this happens. I feel very strongly that the constant stress at work is the triger. If I say anything, I am told that everyone is under stress today. Not like this. I want to try STD but I am afraid I will get fired. I go to my doctor fairly frequently and he adjusts my meds.
Marc,
Filing a claim for disability is without a doubt an intimidating prospect. If you would like a free consultation and review of your disability policies please feel free to contact our office to discuss same.
I don’t live in the United States. I live in Canada. Can you still help me?
Taz,
Unfortunately no. We are only licensed to practice in the United States.
Hello,
My doctor sent me to a neurologist and my doctor said I have tension headaches. I been getting them about 4 or 5 times a this week but sometimes I don’t get them but 2 or 3 times. I just want to get back to work but I drive a propane truck (bobtail) and I am out of work right now. Started getting them in April and was put out of on June 5 for headache and dizziness. I was cleared on July 26 and got short term disability for that time. Wasn’t able to go back on until August 24 but I applied for unemployment for that time. On August 24 I called off again because of headache and been out of work since. My neurologist put me on Nortiptyline HCL. I needed to know if I could get short term disability from August 24 to present.
Steven,
If your doctor cleared you for work on July 26 it could be exceedingly difficult to secure benefits unless your doctor has reasserted that you are disabled. Have you filed a new claim with your STD carrier yet?
Hi I have had migraine headaches since I don’t know when but they have got worse in the last two years everything could trigger them anytime I used to live overseas got in America five years back had two kids here in the first two years in the beginning they were too young but now I decided to work to share my husband burden becoz we can only live up to bring the bed on the table. But my husband won’t let me do that becoz he is really worried when I have a migraine attack I am able to do nothing it seems like my nerves will break down I have vomitting it feels like I would rather die than to have that pain my husband has to take off from work to take care of kids it lasts from 2 to 3 days and when it goes I feel really exhausting like I had lifted a tons of weight and my whole body is aching I have never worked before but now it is difficult to meet the needs I wonder if u guys could help me.
Nisha,
Do you have a private or employer provided disability insurance policy? If so we can discuss your options for filing benefits under same.
Hi Stephen, thank u so much for ur reply I don’t have any insurance nothing at all. Am I totally hopeless or u could suggest me to get any insurance policy and than u could help me my email address is valid I would be really obliged if u could suggest me something.
Nisha,
You can attempt to secure a policy through a private insurance agent but a company may not insure you do to your health history. Your only option may be to file for Social Security disability.
Hi Stephen,thanks again for ur reply.I am only 25 years old, I was married overseas when I was 18, I got here in 2010 since then I am a housewife never employed.Am I eligible for social security benefits and if so can u help me with my case.l shall be very thankful to you.
Nisha,
Unfortunately, we do not handle SSDI claims. Also, If you have never been employed and paying into the SSA system, then you most likely are not eligible for any type of social security. Please feel free to contact our office and we can assist you in speaking to an attorney that handles SSDI claims to discuss what options you may possibly have.
I have had migraines for several years. In the past two years Botox has helped the severity of the migraine lesson. In the past four months they have gotten worse. I asked my headache specialist to take me out on short term disability land he did for 10 weeks until we meet again. My short term disability colonial has said their “normal” time frame is only 6 weeks and they are requesting my doctor send them my past one year notes. Who determines “normal” when a headache board certified doctor has signed the papers?
Laurie, I don’t quite follow your question with respect to normal timeframe. Do you mean the benefit is only for 6 weeks or that they are indicating you should be “ok” in 6 weeks? Please feel free to contact our office to discuss your claim.
I have a feeling I may be needing services like yours. I never had migraines and my life up until a couple years ago it was just here and there few months or so apart I’ll take that back the first year only missed one day at the end of it so it’s been the last year that they began so it’s been every few months and then it started getting a little closer and I was unable to go to work. However this past Saturday I have had a migraine since and here it is Saturday week later still with it. I went to work however I was told I have to have a physical – Duty test done on me by a doctor in order to show I’m able to do a job that I have been doing for 2 years. I know I cannot pass this while I have a migraine. I cannot go to work and do I have it done and my doctor cannot see me for 3 weeks. Is there an attorney who covers the Arlington Texas area? Just in case Cigna denied my short-term disability for the hours that I have missed. They do know about the decade that I was flat on my back and unable to do anything at all. This is the first job I have had since and it was rough in the beginning however I was part time and now I can lift a lot more and do more then I could and I have not had problems on the job in doing my work. One employee did see me take two gallons out of a 6 gallon case in order to load it into my truck and said if I cannot lift 60 pounds I cannot do the job and I said I take it out because I’d rather not take any chances but that I can lift it if I am tested. However I don’t think I could do it over and over. In my job is not something I have to always do. However these migraines is new to me but I kept going to work pushing and praying make it through the day they sent me home an hour and 15 minutes early Wednesday to make a dr. Appointment so I went early lunch Thursday and missed two more hours at the doctor’s appointment and then they sent me home after an hour and a half Friday and then I went in today Saturday signed in at 5 minutes until 8 and ended up signing out at 8:03 after I was presented with the Duty papers for a physical testing. The first store I was at after being there a year I was harassed made fun of called a man and everything however the new store I been out for months has been great until I was given this paper to have done and cannot go to work until the doctor signs off. That’s why I think I may need an attorney in the next week or two.
Kris, please feel free to contact our office to review your disability policies to determine how we may be able to assist you in filing for benefits.
Hi,
I have not even contemplated this option. I was a happy, healthy, athletic, young and have been coping with consistent headaces for near two years, over 1.5 years from “diagonis”, (I believe is post concussion without, but not confirmed). Been on one horrible medcince, then transitioned to another that was 100 times worse and stopped medicine and am trying to manage with health, diet, no caffene, with limited effect, which is not great.
I have worked for the same company for near 20 years, like it, am good at it, have LTD and select every year where seems reasonable to have. I have not even thought about this where getting by is good enough, but on Friday was presented with a 90 day action plan, for items related to having persistent headache and side effects of medicine. I am in a management position, understand the process, and that my options are limited and decreasing with working there. I chose to disclose my condition today to defer and buy time but need to look at options.
J, if you have a copy of your employer’s disability policies please feel free to contact our office to discuss how we may be able to assist you in applying for benefits.
I am currently out on leave from my work due to migraine headaches and my claim was denied by the claim management service handling my short term disability claim for my employer. They stated that the medical information provided by both my GP and my Neurologist was subjective and was not enough to approve my claim. However, I had to file the same type of claim 6 months ago when I first experienced these migraine headaches and it was approved back then with the exact same information that I’ve provided this time. I did have to fight with the claim management service then as well, but assumed that was just the way it was when you dealt with companies like that. Now, they’re refusing to even look at the previous claim, stating that this is a completely different claim and has nothing to do with the original claim even though it’s technically a continuation of the same issue. My employer keeps referring me back to the claims management service instead of stepping in to help intervene. Now, the CMS won’t return phone calls (not that really returned calls or provided correct information since this claim was first opened anyway) and I’m not sure what to do here. I don’t want to lose my job, but know that I’ll only be protected for so much longer before I have to just tell my doctor to release me back to work and just waive the current restrictions. I’ll just have to live with the pain. Any advice would be greatly appreciated.
Joe, your only course of action would be to appeal any denial of benefits but that does not necessarily guarantee that your job would be protected. With respect to being a “different claim” what they are referring to is what is known as a recurrent disability provision. Under most STD policies, if you have a claim but return to work and then go out within 7 days it will be a continuation of the first disability. So although the medical condition is the same, it would be a different claim all together with respect to application of policy provisions.
Hi I work full time for a washington state college. I have had cluster headaches for almost 3 years now and as of a year ago became chronic. Took 2 1/2 years to even be diagnosed. My performance and attendence is suffering at work and I feel as I have drug myself to work on 3 1/2 hours of sleep a night for as long as I can anymore. I get 2-3 attacks a day at work and can literally not function, think or perform any of my duties when an attack hits. I get 3-4 attacks a night so I am also sleep deprieved. I’m so worn out. I have basic LTD through my employer and have faithfully paid for the optional extended LTD through my employer for the past 8 years now. Has anyone ever gotten LTD for chronic cluster headaches?
Wendy, I have represented clients whose claims for disability are based on cluster headaches. Please feel free to contact our office to discuss how we may be able to assist you.
I have worked at my job as a sales representative for 10 years. I have documented evidence from my long-time neurologist that I have suffered with migraines since I was a teenager. I am now 47. In 2012, I was approved for intermittent FMLA leave for migraines. In June this year, I filed for short-term disability for lower back pain that was aggravated by the 8 hours of long-distance driving I do for my job every day. My orthopedic surgeon advised me to stop driving an undergo physical therapy. In addition, my migraines increased to daily due to stress. I was put on a variety of medications that were contraindicated to driving, including narcotics. I even had an ulcer due to the pain medications. All of my providers (physical therapy, neurologist, and orthopedic surgeon, family practice) documented that I could not drive due to medications and intractable migraines. Cigna denied my STD claim twice. I have now been on unpaid leave for 3 months. The denial states they need “objective” evidence of a functional disability at the point my disability started in June, nothing prior. My neurologist wants me to receive outpatient IV therapy, but now I cannot afford it on unpaid leave. I am not able to provide them my tests over the past 5 years that I have completed to gain control over my migraines (allergy, sleep study, cardiac study, TMJ, MRI, etc.) nor the numerous treatments. I am at lost as to what to provide Cigna for the next appeal to prove I have a functional disability. If I can be placed on paid STD, then I can receive the treatment necessary to return to work.
Tammy, please contact our office with a copy of the denial letter to discuss how we can assist you with the second appeal.
I receive socialsecurity for my disability but my past employer has recently denied my long term disability due to chronic migraines , even though my neurologist has written that I’m disabled and has sent letters of support and all the symptoms that migraines come with . They accepted the same letters from the same dr 2 years ago and now saying it’s not enough.
Amira, please feel free to contact our office to discuss your denial and your rights as they relate to filing an administrative appeal.
I was approved for short term disability through my work for migraines. I have been trying to transition to LTD through Cigna. My Neurologist has sent them documentation and they keep just making him jump through hoops and requesting more. He is at the point where he is sending me a letter stating he can no longer fill out forms for me it is becoming too time consuming for his staff and he feels they are being unreasonable. I suffer from headaches pretty much all the time. I have taken the medications, had the Botox injections multiple times. My neurologist advised me to seek representation.
Patrick, please feel free to contact our office to discuss your claim in greater detail.
I have long/short term disability insurance. Migraines 2-3 x per week. OTC meds don’t work… anything stronger would put me to sleep. My job is nursing. Would long term disability be the same as my salary or would I get much less if Approved? I’m 61 years old.
Sarah, typically, no. Most insurance policies pay 60% of pre-disability earnings. Please feel free to contact our office for a review of your disability policy and to discuss the potential filing of a claim.
My Neurologist determined through x-rays, cartoid dobbler and a sleep study completed the week of Nov 14, 2017 that my chronic migraines are due to a structural problem with my jaw, C1/C2 Vertibrae. This structural problem is not only causing Chronic Migraines but TMJ and radiating facial pain that causes vision problems, vertigo, nausea, vomiting, etc. Hartford is the Long Term Disability company reviewing my claim. They have been reviewing the claim for awhile. I was initially denied coverage prior to Sept 2017 because I had not been employed with my employer for one year so they said I was denied due to a preexisting disorder. I was able to go back to work off and on during my employment. I passed the one year mark on September 6,2017. I was back at work several weeks before I go to go back out on leave of absence. I have been on leave of absence since October 10, 2017. I filed for LTD through Hartford after I went out on leave. The Leave examiner is stating now that since I was unable to return to work for a full month since March 2017 that the claim is still being reviewed as preexisting.
I pointed out the new diagnosis provided after the testing completed the week of Nov 14th and that based on the test results I have been dignosed with C1/C2 instability with additional medical terms added; TMJ which is causing extreme pain throughout my face, behind my eyes, and throughout my head, as well as mild sleep apnea. The examiner through Hartford did not express that these new diagnostic findings would assist my claim due to the fact that everything leads back to the preexisting condition of migraines. I have been out of work since October. The HR Department with Texas Children’s decided this month that they would no longer extend my leave of absence and since I could not return to work on Dec 14th my position would be terminated the 15th due to “undue hardship ” my insurance benefits end at the end of this month. HR did state that once my medical condition stabilized I am eligible for rehire.
Without the Long Term Disability through Hartford I won’t be able to pay the dentist and Neurologist to get my condition corrected to be able to go back to work. Due to my ongoing medical problem I am also unable to care for my 24 year old son who is Quadraplegic. My parents have had to take on the his everyday care as well as care for me. Any suggestions you could provide would be greatly appreciated. I want to get back to work.
Denise, we would need to see the denial letters and the policy in order to determine if there is a way to get around the pre-existing condition provisions. Please feel free to contact our office to discuss your claim further.