Working through regular pain can be incredibly challenging, and when a condition also impacts cognitive functions or motor skills, it can be almost impossible. For those suffering from concussions and the associated symptoms or from chronic migraine headaches, working can quickly become unmanageable. Having a long-term disability claim denied while one is unable to work and earn an income has a major impact on a person’s life and necessitates quick and effective action.
The long-term disability lawyers at MK Disability Lawyers have extensive experience representing clients in claims involving neurological condition such as migraines and concussions. We have decades of experience working on both sides of long-term disability claims, and as such we have a thorough understanding of how Canada’s insurance providers work. We are able to anticipate their reasoning for denying a claim and ensure that our clients are fully prepared in any LTD dispute to counter the arguments they may put forward.
A concussion is a traumatic brain injury typically brought on by trauma to or the violent shaking of the head. Our brains are comprised of soft tissue, protected within the skull by a cushion of fluid. When a person experiences trauma to their head, this can cause the brain to forcefully impact against the inner walls of the skull, causing damage. Concussions are often associated with physically violent sports such as hockey or football, but they can be brought on in a variety of ways and may not always be apparent right away.
The following are some immediate indicators that a person may have suffered a concussion following head trauma:
In addition to the immediate symptoms, some symptoms will take time to show up, and may not become a factor for days or weeks after the incident and/or may worsen over time:
A concussion can have effects that last weeks or even months after the injury, including vertigo, headaches, difficulty sleeping or cognitive issues such as difficulty concentrating or memory issues. Concussions are diagnosed with a variety of tests including neurological and cognitive testing as well as diagnostic imaging scans. Treatment is generally limited to rest, as the brain must heal on its own, however, medication may be used to treat associated conditions including headaches, dizziness or nausea. There have been a number of developments in the treatment of concussions that our lawyers have educated themselves on in order to better advocate for concussion sufferers.
Migraine headaches are incredibly disruptive for those who experience them, and they can also take many forms that impact the sufferer differently. They are distinct from a standard headache in terms of form, intensity and duration. Some people who experience migraines may only have one or two per year, and some may experience them much more frequently, which can greatly impact their ability to work.
Migraines are most often characterized by an intense throbbing in the head combined with other factors, which can often include nausea, extreme light sensitivity and vomiting. For those who suffer from migraines, there are a wide variety of factors that can trigger the condition, including:
Migraines are diagnosed after a thorough review of a person’s symptoms, as well as other tests such as a CT scan or an MRI in order to rule out other potential causes. Once migraines have been diagnosed, most treatment options involve painkillers to alleviate symptoms once they start. In cases of frequent migraines, a preventative medication may be prescribed as well.
Proving a legitimate LTD claim for migraines or issues stemming from a concussion requires the provision of sufficient medical information that establishes that your physician has been documenting your symptoms, any diagnosis and the treatments prescribed. Note that a diagnosis is not necessary to establish a legitimate LTD claim, as these are based on functionality above all else. However, a medical diagnosis certainly makes for a more easily-demonstrated disability. You will be required to demonstrate that you meet the threshold for “total disability” under your specific policy. This can be more challenging than it sounds because the definition of the term varies from policy to policy and insurer to insurer. We will review your policy with you in order to ensure you understand what you will be required to demonstrate and any timing issues that may impact the definition of the term.
At MK Disability Lawyers, we have experience in challenging LTD claim denials with respect to neurological conditions including concussions and related symptoms as well as migraine headaches. For clients suffering from these conditions, we are offer accommodation to the best of our ability when required. If you have had a long-term disability claim for concussions or migraines denied or terminated, we can help. To arrange a complimentary consultation with one of our experienced disability lawyers, please complete the online form, or call us at 844-697-4600.