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Marc Whitehead
Board Certified-Personal Injury Trial Law
Texas Board of Legal Specialization

 

 

 

When Chronic Pain Disability Benefits Are Denied


Help for People Coping With Chronic Pain Syndrome Disability

Disability claims based on chronic pain syndrome can have various proof issues. This is true for Social Security Disability, private long term insurance or group insurance plans, and Veterans disability benefits. Disability examiners need objective evidence of how your condition keeps you from being able to work.

At Marc Whitehead & Associates, we fight denials of chronic pain disability claims against insurance companies and federal disability programs. If you are suffering from chronic pain and were wrongly denied benefits, do not give up. With a strong helping hand, you can get the benefits you deserve. Ask a disability lawyer at our firm about your chronic pain disability claim.

Coping With Chronic Pain Syndrome

Chronic pain is pain that continues or recurs for over 6 months. It is pain that continues when it should not, and traditional treatment fails to bring relief. The triggering causes can be as variant as an injury, illness or infection. Chronic pain can be associated with, and sometimes confused with, complex syndromes such as fibromyalgia and complex regional pain syndrome.

There may be an ongoing source of pain such as nerve pain, bone pain, headaches, joint pain, back pain, or other localized symptoms. Many other patients show no apparent past injury or disorder. 

With chronic pain, however, once any originating condition has been resolved, continuous pain is still there. As chronic pain syndrome develops, it is no longer a symptom of another condition, it is a condition unto itself.

Social Security Disability for Chronic Pain

Although chronic pain disability is not a condition that is mentioned in the Social Security Administration's Listing of Impairments, Social Security will award disability compensation when you are able to show that the pain, fatigue, and other symptoms prevent you from working on a full time, regular basis. In other words, you can't work full time because you hurt too much, or that you cannot work consistently enough to hold down a job.

The problem for many applicants is that Social Security must examine what you say about your symptoms, and the effects and extent of your pain both physically and mentally. Your pain may be more of an impairment than is indicated by the objective medical evidence provided in your initial application.

SSA will evaluate your chronic pain disability claim on the basis of a medical vocational allowance. Also, the examiner must find you to be credible. We will work with you to clarify and substantiate your disability claim, by establishing your credibility and the extent of your disability through consistency of your treatment history, medical records, and doctor's opinions. Other ways we help are by preparing you for your hearing with the Administrative Law Judge, or filing a lawsuit in Federal Court if that becomes necessary.

As Board Certified Social Security Disability lawyers, we will ensure that Social Security will fully consider the nature of your disability and the severity of your symptoms. If you have questions about your Social Security claim, please contact Marc Whitehead & Associates. Don't Give Up! Call for a Free Consultation.

Veterans Disability Claims for Chronic Pain Disability 

Many veterans return from service with chronic pain syndrome. As Accredited Veterans Claim attorneys, we routinely review cases and medical records submitted to the VA for claims that were denied for chronic pain disability benefits.

Considering the variety of sources of the disorder, chronic pain often stems from a traumatic event making it common for veterans to experience both chronic pain and post traumatic stress disorder. The occurrence of PTSD is considerably higher in patients with chronic pain.

In the VA schedule for rating disabilities, chronic pain disability is considered under §4.130 Mental Disorders, in the section for Somatoform Disorders - 9422 Pain disorder. VA generally considers chronic pain syndrome to be an emotional disorder like PTSD or depression, when the physical aspects of the pain disorder are closely connected with psychological elements. VA views how chronic pain affects your behavior overall, not how a certain joint or other body part is painful or restricts movement.

If your claim was denied, you have the right to appeal. You need a lawyer by your side that understands why the VA denies claims, and more importantly, understands what it takes to win your appeal. Contact Marc Whitehead & Associates about your VA disability claim toll free at (800) 562-9830. We can help you wherever you live.

Long Term Disability Insurance Benefits and Chronic Pain Disability

Our disability lawyers have twenty years of experience focused on representing claimants whose insurance companies used unfair tactics to avoid paying benefits. When an insurance company denies your claim for disability benefits, you have legal rights to appeal the denial.

Our experience with chronic pain disability claims is extensive, and we have successfully appealed and overturned many denials. We have challenged wrongful claim denials based on a stream of unjust reasoning from insurance providers, ranging from citing vague policy language to discrediting the claimant's diagnosis.

Most group policies are governed under federal "ERISA" law, while individual policies fall under state contract and bad faith law. Very different rules apply, depending on whether you're fighting an ERISA or private insurance denial.

It is important that you seek experienced legal representation immediately. With our knowledge of ERISA appeals and private long-term disability insurance, we can send a message to insurance companies that you are not going to be manipulated out of your rightful compensation.

See how we help you fight back and win long term disability benefits for chronic pain disability.

Do not delay. Call 800-562-9830 about your disability denial or request a free consultation with a lawyer here. Don't Give Up! Call for a Free Consultation.

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