Disability insurance companies don’t always make it easy for policyholders who have neck pain or cervical spine problems to get the disability benefits they deserve.
Neck pain can be caused by degenerative disorder or by accident or injury. Neck pain is among the most common reasons for filing a disability claim, and disability carriers are notorious for denying and terminating such claims.
The Common Reasons Disability Carriers Deny Neck Pain or Cervical Spine Disability Claims
Many claims are denied because the disability insurance company says:
(1) There is no objective basis of the neck diagnosis,
(2) There is no objective basis for the restrictions and limitations assigned by your physician because of your neck,
(3) There is no causal relationship between your neck diagnosis and/or restrictions and limitations, and your inability to do your own or any occupation,
(4) The MRI, CT-Scan, EMG/NCT are normal or consistent with your age,
(5) Your pain is subjective, and
(6) Surveillance shows that you can do more than you or your doctor say you can.
Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with neck problems or cervical spine disorders. Ms. Cavey overcomes a claims denial by working closely with you and your physician.
She has had 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 Are The Causes of Chronic Neck Pain and Cervical Spine Symptoms?
Your spine is a beautiful piece of architecture. The principal building block is bone, which can have structural problems, including degenerative disc disease, stenosis, facet arthrosis, osteophytes, bone spurs, foraminal narrowing, or osteoporosis. Any one of these structural problems can cause pain or dysfunction.
Illustration bulging disc, herniated disc and DJD of the neck
Between the bones of the spine are discs that allow for movement of the spine. The disc is a pad of cartilage with a tough outer layer, the annulus, and a soft inner layer, the nucleus. It is like a jelly-filled lifesaver.
In a herniated disc, a portion of the nucleus pushes out through a tear in the annulus. This can irritate the nerves of the spine, which carry electrical signals from the brain to the arms and hands.
Common symptoms of a herniated disc can include a radiating pain with tingling and numbness that starts in your neck and travels down the shoulders into the hands. You also might have neck pain with tingling, numbness and weakness of your arms.
Degenerative Disc Disease
Degenerative disc disease also can cause chronic neck pain. It can flare-up with severe neck pain that can cause headaches, limited range of neck motion and facial pain.
A narrowing of the spine, spinal stenosis, can cause pain or numbness in your shoulders and arms. It also can result in weakness and a loss of sensation in your arms.
How Do I Get The Disability Insurance Benefits I Deserve?
Regardless of your diagnosis, neck pain and radiculopathy can interfere not only with your daily activities but with your ability to work. If you no longer can work or your doctor has told you to apply for disability, before you apply for benefits, you should:
Some policies consider neck pain without objective findings to be a subjective condition. Benefits are limited to two years. You need to know applicable limits in your policy before you apply for benefits.
In denying claims, carriers often say there is “no objective evidence to support your subjective complaints of pain.’’ Often there just are not objective findings on x-rays, CT scans or MRIs to explain someone’s pain. EMG/NCV electrical testing can be normal.
Objective testing can’t prove how severe and disabling your pain is. Some people have excruciating neck pain with minimal findings.
Disability carriers often make a leap of logic and conclude that the policyholder either is exaggerating or faking their pain.
Ms. Cavey, who has had spine surgery herself, knows what proof is necessary to meet the policy definition of disability.
Contact Disability Attorney Nancy L. Cavey, Who Can Help You Regardless of Where You Live
Neck pain 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.