Long-Term Disability and Chronic Pain - Diamond and Diamond Lawyers

Long-Term Disability and Chronic Pain

Chronic pain patients understand that pain isn’t their sole issue. Pain might make it difficult to exercise, care for your house and family, and, most significantly, work. These pain-related restrictions are a part of the suffering, and there is no simple method to quantify your pain experience. 

This may cause you to be concerned that you may not obtain time off work or disability benefits due to your chronic pain. You can apply for long-term disability payments if you’re an employee who cannot work due to discomfort. If you want to fight for your cause, these are the first things you should study. 

Understanding Chronic Pain

Chronic pain is commonly characterized as pain that lasts longer than usual following a severe sickness or accident, usually more than three to six months. Chronic pain can be localized, affecting only one body region, such as the head, back, or joints. Chronic pain patients, on the other hand, may have muscular or nerve discomfort throughout their bodies. 

The pain might be caused by an accident or sickness or for no apparent reason. In these situations, patients and their doctors may experience irritation and worry as they try to discover difficult solutions.

What Are The Causes of Chronic Pain?

Chronic pain is increasingly being recognized as a complicated and severe condition that can result in substantial impairment. The following are some of the most prevalent medical problems that chronic pain syndromes can be associated with:

Fibromyalgia 

Fibromyalgia is frequently associated with tiredness, as well as changes in sleep, memory, and mood. The most frequent symptoms are widespread muscular soreness and tenderness. Medications, talk therapy, and stress reduction may all aid with symptom management.

Rheumatoid Arthritis  

Many joints, particularly those in the hands and feet, are affected by this chronic inflammatory disease. The body’s immune system destroys its tissue, including joints, in rheumatoid arthritis. Internal organs are attacked in extreme instances. The linings of joints are affected by rheumatoid arthritis, which causes painful swelling. 

The inflammation associated with rheumatoid arthritis can lead to bone degradation and joint deformities over time. Rheumatoid arthritis has no cure, although physiotherapy and medicines can help reduce the disease’s development and progression. Anti-rheumatic medicines are a family of pharmaceuticals that can be used to treat most instances.

Diabetes 

Diabetes is a disorder in which your blood glucose level is excessively high, also known as blood sugar. Blood glucose, which originates from the food you eat, is your primary source of energy. Insulin, a pancreatic hormone, facilitates glucose absorption into cells for utilization as energy. Those who have diabetes can develop diabetic neuropathy or nerve pain. This can be a chronic and debilitating condition.

Endometriosis in Women 

Endometriosis occurs when tissue that is comparable to the uterine lining develops outside of the uterus. More than 11% of women aged 15 to 44 may be affected. It’s more frequent among women in their 30s and 40s, can make getting pregnant more complex, and can cause significant pain.

Irritable Bowel Syndrome  

Stomach discomfort, wind, diarrhea, and constipation are all symptoms of an intestinal disease. The exact etiology of irritable bowel syndrome is unknown. Symptoms are frequently used to make a diagnosis. Abdominal discomfort, bloating, diarrhea, and constipation are some of the symptoms. Diet, lifestyle, and stress management can help some people manage their symptoms. Others will require medicine as well as counseling.

Chronic Headaches or Migraines 

For more than three months, chronic migraine is defined as having at least 15 headache days per month, with at least eight days of headaches with migraine characteristics. Chronic headaches start as less frequent headache episodes that progress to a more regular headache pattern over time.

Back Pain 

Chronic back pain is generally caused by aging, although a previous injury can also be a cause. The following are the most prevalent causes: The progressive weakening of the cartilage inside the spine is known as spine arthritis. The narrowing of the spinal canal, which can cause nerve discomfort, is known as spinal stenosis.

How Does Long-Term Disability Work?

How Does Long-Term Disability Work?Chronic pain can make it challenging to work in any environment. If you work in a physically demanding profession, chronic pain might restrict your ability to carry items and move around. If you work in a sedentary position, chronic pain can limit your ability to remain at a computer for long periods. 

If you can’t work due to your disability, your long-term disability payments will help you financially during this trying period. When your disease becomes so severe that you cannot return to work, income replacement is required. Long-term disability insurance benefits, whether individual or group coverage, will provide financial assistance until you can return to employment for which you are qualified, trained, or have experience.

Chronic pain and long-term disability can lead to emotional and psychological illness, as the lack of functionality and persistent pain leads to anguish and psychological distress. A Diamond and Diamond long-term disability lawyer can assist you in receiving the compensation you deserve.

How to Make a Successful Long-Term Disability Claim for Chronic Pain?

When you’re trying to file a successful insurance claim for long-term disability benefits for chronic pain, there are a few things to keep in mind. Here are a few pointers for filing a successful LTD claim for chronic pain.

Establish Credibility

You’ll need more than just a doctor’s letter to get started. You must show that you have obtained medical advice from qualified professionals and are seeking treatment. Credibility can be established by proving that you have undergone medical testing to determine the reason for your discomfort, in whatever manner your doctor advises.

Follow Your Doctor’s Treatment Instructions

It’s critical to follow your doctor’s instructions. Consult a certified chronic pain expert, as well as any additional specialists indicated by your primary practitioner. The courts will reward claimants who pursue therapy for their impairments regularly and actively.

Make Sure You Are Comprehensive and Truthful

Your doctor will need to confirm that your symptoms are keeping you from functioning. Do not exaggerate your symptoms while telling your doctor about them. If you’ve had any trauma or an incident such as a fall, make sure to describe it in full. You should include as much information as possible regarding your illness and how it affects your capacity to work.

Include Any Necessary Documentation

Gather the necessary information for your LTD claim:

  • Statements from Doctors
  • A Formal Prognosis
  • Accident Reports and Test Findings
  • Statements of Witnesses
  • Records of Medical Care

Get In Touch With The Experienced Personal Injury Lawyers At Diamond & Diamond

Have you or a family member been in an accident that has left you with chronic pain? You may require the services of a specialist personal injury lawyer that works in the subject and knows everything there is to know about it. 

While getting injured can be a traumatic event, Diamond & Diamond personal injury attorneys will battle the insurance company and ensure that you have the best counsel possible. Our personal injury attorneys will also assist you in obtaining the money you are entitled to. For a free consultation, call 1-800-567-HURT now.

pro tip icon

Pro Tip: Long-Term Disability and Chronic Pain

A rheumatologist or a physician with experience examining patients using various diagnostic approaches may be able to help if chronic pain is present.

Long-Term Disability and Chronic Pain FAQs

When Does Chronic Pain Become a Disability?

A person is eligible after two years to demonstrate that their condition prevents them from performing any work for which they are adequately competent, either via education, training, or experience.

Does Chronic Pain Shorten Life Expectancy?

While males and females have similar pain-free life expectancies at different ages, ladies have longer years with pain and more severe pain. Male and female life expectancy declines as they grow older. However, the proportion of life predicted with pain remains constant.

What to Do If My Long-Term Disability Claim Is Denied?

If your claim for long-term disability insurance benefits is refused, you must file an appeal within 180 days after the rejection. This is a challenging procedure, especially if you’re disabled and have lost a significant source of income.

Can you be terminated while on long term disability in Canada?

Rather than speaking about all of Canada, let’s focus on Ontario. In Ontario, though some protection is granted to disabled employees who are on long term disability (LTD) benefits, they are not entirely protected. However, while an employee receiving LTD cannot be dismissed for cause, other legal issues, such as the doctrine of frustration, may cause the employment contract to become “frustrated,” which means that the employee won’t be able to perform their job duties.

What conditions automatically qualify you for disability in Canada?

You don’t automatically qualify for disability benefits in Canada. However, a disability that may qualify a person to apply for benefits is any condition that is severe, prolonged and inhibits the person from perfoming normal or routine daily activities.

Is chronic pain automatically considered a disability in Canada?

Although there are challenges in providing evidence of disability for a largely ‘invisible’ injury, chronic pain is, in fact, recognized in the medical community as a genuine condition that can result in long-term, and even, permanent, disability.

Leave a Reply

 

Get the help you deserve

1-800-567-HURT

Call NOW for a free consultation

 

Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 103, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More

Barrie

168 Bayfield Street

Calgary

1331 Macleod Trail SE, Suite 645

Edmonton

4246 97 Street NW, Unit 103

Halifax

1701 Hollis St

London

256 Pall Mall St, Suite 102

Oshawa

50 Richmond Street E, Unit # 108 B

Ottawa

955 Green Valley Crescent, Unit 315

Sudbury

31 Larch Street, Unit 300

Timmins

120 Cedar Street South, Unit 002A

Toronto

255 Consumers Road, 5th Floor

Vancouver

1727 West Broadway, Suite 400

Windsor

13158 Tecumseh Rd. E. Unit 3B

Maritimes