Many clients experience chronic pain that prevents them from working. This can be as a result of an accident, illness, or as in many cases, degenerative changes over time.
I have chronic pain. Can I get long-term disability (“LTD”) benefits?
Yes, if you have chronic pain that prevents you from working full-time, you may be entitled to LTD benefits. For many people, chronic pain is a disabling condition that keeps them from working.
How do I prove my chronic pain?
Simply telling the insurance company you are in pain is not enough to get your claim for LTD benefits approved. Pain is subjective. Pain that one person says is an 8 out of 10 maybe a 4 out of 10 for another. Thus, you almost must “prove” your pain. Although this sounds daunting, there are a few things that can be done.
1. Objective Medical Evidence
The best source of medical evidence to prove your pain is objective medical evidence. This can be an MRI, X-ray, or CT scan, to name a few. While the tests do not measure the level of pain, your reports of pain can be corroborated by findings in these imaging studies.
2. Consistent Medical Treatment
It is also important to consistently treat with your medical providers who can help with the pain. In many cases of chronic pain, primary physicians will refer their patients to orthopedic surgeons and/or pain management doctors. These are specialists who have a lot of experience treating patients in chronic pain. Their examinations and findings will further corroborate your reports of pain. Additionally, treating with the appropriate medical professionals, this further proves that you are in pain as most reasonable people would not go to specialists if they were not in pain.
3. Functional Capacity Evaluation (“FCE”)
Lastly, you can also go to an FCE. An FCE is an independent evaluation by a physical therapist who will ask you to perform a series of physical activities. It is designed to measure a person’s capacity to work and serves as an additional objective and independent medical evidence of your pain. In addition to using the results from the tasks performed as an objective measure of your physical ability to work, the physical therapists also observe your movement and behavior during the evaluation. Depending on the pain, most people will alter their movement, behaviors the physical therapists are trained to observe.
Help from a Lawyer with Expertise in Disability Insurance
This law firm was built to be a disability insurance law firm.
That focus means:
- All our lawyers specialize in disability insurance claims;
- We have experience with every major disability insurance company;
- We have won important long term disability lawsuits.
Our disability lawyers can help you with:
- Submitting a disability insurance claim,
- Appealing a long-term disability denial,
- Negotiating a lump-sum settlement, or
- Filing a lawsuit against your disability insurance company.
Hiring an experienced disability attorney is important. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state.
Call for a free consultation with an experienced disability attorney. Pay no fees or costs unless you get paid.
