Disability insurance companies don’t always make it easy for policyholders who have severe kyphosis to get the disability benefits they deserve.
Back pain from kyphosis is a common reason for filing a disability claim, and carriers are notorious for denying and terminating kyphosis low back claims. Bracing and surgery can correct kyphosis, but if untreated, the poor posture of kyphosis only gets worse with time.
How Do Disability Carriers View Kyphosis Disability Claims?
Many claims are denied because the disability insurance company says:
(1) There is no objective basis of the diagnosis,
(2) There is no objective basis for the restrictions and limitations assigned by your physician because of your low back problems,
(3) There is no causal relationship between your kyphosis and/or restrictions and limitations, and your inability to do your own or any occupation.
(4) Ergonomic changes in your workplace will allow you to work.
Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with kyphosis. She overcomes a claims denial by working closely with you and your physician. She has had low back surgery herself, so she understands what you are going through.
Nancy Cavey offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.
What Is Kyphosis?
We all have a forward rounding of our back, but with kyphosis the rounding is exaggerated. It is often caused when osteoporosis weakens the spinal bones, which crack and compress.
It can also be caused by:
- The aging process,
- Traumatic spine injury,
- Degenerative disc disease,
- Infections of the spine like osteomyelitis, and
- Tumors.
Kyphosis alone is rarely disabling, unless it is severe. Generally, it’s a combination of spinal conditions that help qualify you for disability benefits.
What Are the Symptoms?
The common symptoms include chronic pain and stiffness, which can make it difficult to sit, stand and walk. In severe cases, it may cause difficulty breathing.
These problems can’t always be resolved with ergonomic changes or treatment.
How Do I Get The Disability Insurance Benefits I Deserve?
Regardless of your diagnosis, chronic spinal pain can interfere with your daily activities and with your ability to work. If you no longer can work or your doctor has told you to apply for disability benefits, you should take steps before you apply:
- Obtain a copy of your disability policy. See how it defines “disability,” “occupation” and “self-reported conditions.” You’ll need to understand what you have to prove and if there are limitations in your coverage.
Some policies consider back pain without objective findings to be a subjective condition and limit benefits to just two years.
- Obtain a copy of your medical records. Review them to see if there is an objective basis for your diagnosis, what your records say about your report of symptoms and your restrictions and limitations.
In denying claims, carriers often maintain there is “no objective evidence to support your subjective complaints of pain.’’ The carrier often makes a leap of logic and says the policyholder either is exaggerating or faking their pain. Nancy, who has had spine surgery herself, knows what proof is necessary to meet the policy definition of disability.
- Obtain a copy of your personnel file to see if your kyphosis pain has affected your work performance.
- Obtain a copy of your job description. Create your own description of your physical duties with an explanation of how your symptoms impact your ability to do your occupation. Don’t forget to explain what activities increase your pain.
- Provide your doctor with the occupational description. Ask your doctor to prepare a report that explains the objective basis for your diagnosis, the objective basis of your restrictions and limitations, and the objective reasons you can’t perform some or all of the material and substantial duties of your occupation.
- Prepare a pain diary that explains and gives examples of how your back pain and symptoms interfere with your ability to do things on a daily basis, and the side effects of your medication. Your pain may even give you problems with concentration.
- Hire Nancy Cavey to help you file your initial application. The application process is confusing and designed so you and your physician make mistakes that can result in a delay or even a denial of your benefits. Ms. Cavey knows how to prepare and file a winning shock and awe disability application that leaves the carrier little reason to question your claim.
- Hire Nancy Cavey to help you appeal a wrongful denial or termination of your disability benefits. Disability carriers are in the business of collecting premiums and not paying disability benefits. They’ll use any reason to deny your claim. The odds of getting your benefits on appeal are greater when you are represented by an experienced ERISA/private ID policy disability attorney.
Contact Disability Attorney Nancy L. Cavey, Who Can Help You Regardless of Where You Live
Kyphosis can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Nancy Cavey can review your policy and your medical records, and explain to you what your policy says and how to get your disability benefits. Call today for a free consultation at 727-894-3188.
