Long Term Disability Claims Attorneys for Migraine and Headache Disorders
If you suffer from headaches or migraines, and they prevent you from returning to your job, contact Abell and Capitan Law. We can help you apply for long term disability insurance or appeal a denied claim.
Headaches and migraines can be debilitating. They cause physical symptoms that disrupt your daily routine and reduce your quality of life. Approximately 39 million Americans suffer from migraines. It is the sixth most disabling illness, leading to the inability to maintain adequate employment.
At Abell and Capitan Law, we understand the effects one of these disorders can have on your life. It not only causes physical symptoms but psychological and financial strain. When you’re treating a headache or migraine, there are prescription costs, hospital visits, and other forms of treatment that can lead to economic struggles.
If you lost your source of income, you should be entitled to benefits through a long term disability policy. Call us at (267) 419-7888 to discuss your legal options during a free consultation.
What is Migraine and Headache Disorder?
A headache disorder is a neurological disorder involving a recurrent headache. There are over 150 different types of headaches but the most common include:
- Migraines – A migraine can last between a few hours and several days. It causes a throbbing or pounding pain. Some people develop other symptoms, such as nausea, upset stomach, and vomiting. Bright lights and loud noises can exacerbate these symptoms.
- Cluster headaches – A cluster headache can cause piercing or burning pain near or around one of the eyes. It can also lead to eye redness, eyelid drooping, and tearing. Your nostril can also become stuffed up or run on the same side as the eye that’s experiencing pain.
- Tension headaches – This type of headache is one of the most common. Mild to moderate pain is expected that can come and go randomly. There are typically no other symptoms during a tension headache.
- Chronic headaches – These occur at least 15 days each month for more than three months. Sometimes you can have this type of headache for more than four hours; other times, it comes and goes fairly quickly. Chronic headaches types include: new daily persistent headache; chronic migraine; hemicrania continua; and chronic tension headache.
- Sinus headaches – You might feel constant and deep pain in your forehead, cheekbones, or on the bridge of your nose during a sinus headache episode. These headaches occur because of inflammation in your sinuses. Other symptoms, such as fever, runny nose, and facial swelling, are common.
- Post-traumatic stress headaches – This type of headache can happen two or three days after a head injury. Symptoms include difficulty concentrating, vertigo, memory problems, a dull ache that worsens periodically, easily becoming tired, lightheadedness, and irritability.
If you suffer from frequent headaches or migraines, you should seek medical treatment immediately. There are medications, relaxation techniques, and other treatment types available to alleviate your symptoms or prevent your symptoms altogether. Abell and Capitan Law can review your diagnosis and determine if you’re eligible for long term disability benefits if you’re unable to return to your job.
Applying for Long Term Disability with Your Employer
If you become disabled from a migraine or headache disorder, you should notify your employer immediately. Most businesses offer long term disability insurance to their employees. It’s crucial that you review your policy to determine the timeframe for reporting your condition and filing a claim. If you miss an important deadline, it could ruin your chance of collecting benefit payments.
Once you let your employer know that you can’t return to your job because of your symptoms, they should provide you with an application for benefits. Fill it out completely and accurately and return it to them promptly. They will submit it to their insurance company to begin the claims process.
Seeking medical treatment is one of the most important steps you’ll need to take. Without sufficient medical records, there won’t be any proof of your disorder and why it prevents you from performing your work-related duties. You should also ask your doctor to provide a written statement that you can give to the insurance company. The statement should include your diagnosis, symptoms you experience, and the physical or mental limitations it causes.
Insurance companies will do everything in their power to avoid paying someone the maximum benefits they deserve. Their goal will be to deny your claim if they find a valid reason. It’s important to remember that they’re not on your side, so it’s up to you to maintain all relevant documentation of your disabling condition. Keep copies of your medical records, prescriptions, and other evidence that supports your claim. We can help you gather all records to send to the insurance company, so there’s no doubt about whether you deserve long term disability benefits.
Benefits You Might Qualify for Under Long Term Disability Insurance
Long term disability replaces a percentage of an injured worker’s wages when a disabling condition prevents them from returning to work for an extended period. Payments are typically between 50% and 80% of your average monthly wages, depending on the type of policy your employer purchased.
After applying for benefits, there’s usually an elimination period. This is a length of time you must wait before you start collecting payments. The amount of time you wait will depend on what’s listed on your employer’s policy, but the average elimination period is 90 days.
Once you start receiving your monthly benefit payments, you must continue to attend your doctor’s appointments and provide evidence of your ongoing migraine or headache disorder. If you can return to your job and earn your usual wages, the insurance company will stop providing coverage.
Many policies allow the collection of benefits for up to two years. Some payments can last for the rest of your life, as long as your migraine or headaches prevent you from performing any type of job.
Contact Abell and Capitan Law
Our legal team cares about our clients and strives to provide dependable and compassionate legal services. We know you’ve been suffering and will help you fight for the long term disability benefits you need and deserve. You will not be alone during this challenging time in your life. Whether you’re filing a new claim or appealing a denied claim, you can count on us to handle every aspect of your case so you can focus on treating your condition.
If you were diagnosed with a migraine or headache disorder and need assistance with your long term disability insurance claim, call Abell and Capitan Law today at (267) 419-7888 for a free consultation.