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:
- American Academy of Orthopedic Surgeons
- American Association of Neurological Surgeons
- American Chiropractic Association
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.