If you have a chronic, disabling condition involving persistent pain that prevents you from doing your job, you may begin to wonder, “Is chronic pain a disability?”
In fact, a number of cases have reaffirmed this position and said that insurance companies and doctors can’t just ignore a person’s pain when deciding whether or not they are actually disabled and deserving of benefits.
However, proving chronic pain can be a challenge.
For anyone out there suffering from chronic pain conditions that prevent you from working, this is good news. Unfortunately, it’s not always a straightforward process. A Long Term Disability lawyer can help you understand your legal options in your specific case. Let’s take a look at the factors involved in proving chronic pain.
The Disability Issues Inherent to Chronic Pain
Severe chronic pain is complicated in disability cases for a number of related reasons.
Unlike many other symptoms that can be easily pinpointed as the effects of specific disabilities, disabling chronic pain is something that can occur due to a number of medical conditions. Some examples our lawyers frequently see` are:
- Neurological disorders
- Fibromyalgia
- Neuropathy
- Degenerative disc disease
- Failed back surgeries
Because there’s no definitive way of telling what is causing the pain, it can be difficult to connect it to a disability (which means insurance companies often try to leave chronic pain out of a Long Term Disability claim).
Related to the inability to prove chronic pain to a specific disability is the fact that it doesn’t show up in any objective medical tests. Things like MRIs, X-rays, and CT scans may be able to prove that there’s a break or a tear, but they don’t quantify the actual pain that someone might be feeling, which differs from person to person.
Putting both of these things together allows insurance companies to argue that claimants are lying about – or at least exaggerating – the pain that they are feeling in order to get benefits.
As insulting as this may be to someone dealing with a medical condition that causes severe pain, it’s a part of the process you’re likely to face if that’s the most significant symptom of your disability.
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Chronic Pain Impacts Your Work In Many Ways
Chronic pain can have a significant impact on an individual’s ability to work and perform daily tasks. Here are some ways chronic pain can affect work ability:
- Physical limitations: Chronic pain can limit physical movements, strength, and endurance, making it difficult to perform certain job duties that require physical exertion, such as lifting, standing for long periods, or engaging in manual labor.
- Fatigue and lack of concentration: Chronic pain can cause physical and mental fatigue, making it challenging to maintain focus and concentration throughout the workday. This can lead to decreased productivity and an increased risk of errors or accidents.
- Absenteeism: Individuals with chronic pain may need to take more sick days or leave work early due to flare-ups or medical appointments. Additionally, even though you may be physically present at work, it may be impossible to perform at your full potential due to pain.
- Mental health issues: Persistent pain can contribute to or exacerbate mental health conditions such as depression, anxiety, and stress, which can further impact an individual’s ability to work effectively.
- Medication side effects: Some medications used to manage pain can cause side effects like drowsiness, cognitive impairment, or dizziness, which may interfere with job performance and safety.
- Difficulty with specific tasks: Depending on the type and location of the pain, certain job tasks, such as typing, operating machinery, or driving for extended periods, may become challenging or impossible to perform.
- Limited career options: Chronic pain can restrict the types of jobs an individual can pursue or maintain, especially if the job requires physical labor, prolonged standing, or other activities that exacerbate the pain.
All of these factors help to demonstrate how chronic pain can be a disability. A disability lawyer can help you gather the necessary evidence to build a solid claim proving that your pain is indeed disabling.
How do I Prove Chronic Pain Is a Disability?
To prove your need for Long Term Disability benefits, three components must be present: credibility, continuous treatment, and record keeping. Let’s examine these components in more detail:
Credibility
You can demonstrate your credibility by consistently describing your pain to different medical personnel and by acting in ways that show your limitations because of it.
A disability claims examiner will be more likely to believe your reports of pain if that examiner sees the same information in medical records from different physicians.
The examiner might also assign an investigator to your case. If they observe you moving or participating in activities that do not show pain-related limitations, your claim is more likely to be denied. You might think that you are better off pushing through your pain, but your efforts can short-circuit a Long Term Disability claim.
Continuous Treatment
A disability insurance company will likely reject your claim if you have only one or two medical appointments related to your disability or if you are not following a physician’s treatment plans to accommodate and treat it.
If you experience chronic pain, make regular appointments with your doctor, take all medications that your doctor prescribes, and go to recommended physical therapy sessions. You can also try alternative treatments such as acupuncture or massage therapy.
All of these things can serve as medical evidence. If you merely live with your pain rather than search for remedies, a Long Term Disability insurer will probably conclude that your pain is not debilitating.
Recording
Maintain a pain journal and write down your daily impressions of how your chronic pain is affecting your life and daily activities. A written record of your pain experiences can convince a claims examiner that your pain is legitimate and that you deserve the Long Term Disability benefits that you are seeking.
Start your journal with a description of when the pain began, including the accident or incident that gave rise to it, to what extent it got worse over time, and the medical and other treatments you have sought to alleviate it.
Describe in detail the location and duration of your pain and whether it occurs when you move a specific way or try to do some activity. When present, these components will improve your chances of winning a chronic pain LTD case.
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Is Your Chronic Pain a Disability?
When people begin to wonder if their chronic pain is a disability, they often do what you’re probably already doing anyway: try to make the pain go away.
Claimants who can show that they have repeatedly sought out help to deal with their pain can use that fact to bolster their cases because they have a record to prove that something is going on.
After all, most reasonable people aren’t going to willingly submit themselves to doctors over and over – often racking up big medical bills – so that they can scam their insurance company. A record of seeking out help for your pain consistently can prove that your chronic pain is a disability.
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Contact Marc Whitehead & Associates to Learn if Your Chronic Pain Can Qualify as a Disability
If you are suffering from chronic, debilitating pain that prevents you from working, it’s crucial to have a skilled Long Term Disability lawyer on your side.
Marc Whitehead & Associates can help gather the necessary medical evidence, documentation, and expert testimony to prove the severity and disabling nature of your chronic pain condition.
With the right legal strategy, we can strengthen your claim and improve your chances of getting approved for the Long Term Disability benefits you deserve.
Contact Whitehead & Associates today. Our Long Term Disability lawyers have in-depth experience proving chronic pain disabilities.
We will advocate for your rights and fight to secure the financial support you need from your insurance provider.
Call now for a free, no–obligation consultation. Want the latest Long Term Disability info and tips on winning your claim? Follow our disability blog, and be sure to download a free copy of our Disability Insurance Policies Ebook.
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