Ask a Lawyer About Chronic Pain

Ask a Lawyer About Chronic Pain

In this blog post, Share Lawyers’ lawyers answer questions from potential clients with chronic pain. Read on to learn more about particular issues surrounding disability and chronic pain.

Q: I suffer from chronic pain that stops me from working. My specialist suspects Lyme disease, but we don’t have a firm diagnosis yet. Should I wait for my diagnosis before I apply for long-term disability benefits?
A: If you have symptoms that prevent you from working, and you have doctors that support your disability, you should not wait for a diagnosis. Submit your claim as soon as possible.

Q: After taking six weeks off work due to chronic pain caused by rheumatoid arthritis, I was informed that my employer has terminated my position. I did not have a chance to apply for my long-term disability through my group insurance benefits. Is there anything I can do at this point?
A: You can insist on being provided with these forms so that you can submit a claim to your disability insurance carrier even though your employment has been terminated. If the disability arose during a period in which you were actively working as an employee, you should still have coverage, as long-term disability coverage is usually based on the initial date of total disability. If you are not getting co-operation from your employer, or they refuse to provide this information to you, you could try to receive the forms directly from the insurance company. If that still doesn’t get any results, you should consider contacting us to further discuss your legal options in such circumstances.


Q: I underwent an independent medical exam at the request of my insurance company. Their doctor reported that I had no symptoms of chronic pain and was fit to work. It just so happens that on that particular day, I was feeling better than usual. Now my benefits have been cut off. Do I have any hope of overturning this decision?
A: Entitlement to disability benefits is not frozen in time, and if you were having a better than usual day on the day of an assessment, that doesn’t mean you have no chance trying to recover further benefits. If your own doctors support your ongoing inability to work and your condition generally waxes and wanes, ie., you have some good days and some bad days, this one-time snapshot of your health does not mean your case is over. The particular circumstances of your claim need to be thoroughly discussed with a disability lawyer to assess your chances of success.


Has your long-term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.

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