Lebau & Neuworth Wins Disability Benefits For Persons With Migraines

The law firm of Lebau & Neuworth recently obtained long-term disability benefits on behalf of two clients who suffered from migraines. Both clients, one who worked for Maryland hospital for many years and the other at a D.C. tech company for just a few years, initially had their claims denied before seeking our representation.

Representing these clients and many others in employment and disability-benefit law matters, Lebau & Neuworth knows how difficult it is for a migraine sufferer and his/her family to cope with this disorder. 

The two primary sources of disability benefits that may be available to them are from Social Security and from disability benefit insurance policies (through an employer or a privately owned policy).

Social Security Disability Benefits 

(From the National Headache Foundation)

If you experience chronic migraine that makes it difficult or impossible for you to work, you can file a claim for Social Security disability (SSD) benefits. You will need to provide medical documentation of your illness in order for your claim to be approved. This medical documentation will help support that you are unable to work for at least 12 months, which is a requirement for applying for disability.

A migraine attack can incapacitate someone for days. The light and sound sensitivity, as well as the physical toll that migraine disease takes on the body, can mean that the person needs days of recovery time. But in order to be approved for disability benefits due to migraine disease, there needs to be an underlying medical condition or a person needs to ask for a Medical Vocational Allowance.

All of the conditions that qualify for Social Security disability benefits are listed in the Social Security Administration’s Blue Book, and there is no official listing for migraine disease. However, migraine can be symptoms of other health problems that are listed in the Blue Book. If you experience migraine due to any of these conditions you can be approved for disability benefits based on Blue Book listing for these conditions:

• High Blood Pressure
• Stroke
• Fibromyalgia
• PTSD
• Depression
• Heart Disease
• Anxiety
• Epilepsy

You will need to provide medical documentation such as a diagnosis, treatment plans, test results, medical bills and other documents to prove that you cannot work because of your medical condition. 

Disability Insurance Benefits

Short-term disability is offered by many employers, and the coverage length and amount of benefits are set by the terms of the plan.

Long-term disability benefit insurance is also offered by many employers and covers a percentage of your salary. Again, the plan terms set forth the applicable amount of the benefits, length of the benefits and limitations, if any.

Several insures also offer private disability insurance that you can use to supplement an employer-provided disability policy or to be your sole source of disability benefits.

There are no precise guidelines you must meet to qualify for disability due to migraines. Generally, you will need to prove to the insurance company that your disability and related symptoms prevent you from perform your job. You will have to show that migranes cause significant restrictions such as the inability to concentrate, communicate and interact with others, and additional limitation could be sensitivity to noise and light. Further, side effects from medication can also be considered as causing significant work restrictions.

Our Advice: Get A Good Lawyer

Lebau & Neuworth has seen too many people not get the employment benefits they deserve due to not getting a good lawyer soon enough. There are many pitfalls in trying to deal with an insurance company and the SSD bureaucracy if you do not use a lawyer – and a lawyer who is an expert in disability benefits.

If we take your case, we will work closely with you to develop and prove the best possible case. We will work with you to develop the record and history of your condition, complete all necessary forms, and coordinate communications with your treaters.

Even if you have been denied benefits in the past, we still may be able to help since you may have the right to file an appeal. Getting expert help is often the difference between being denied and being approved for benefits, so contact Lebau & Neuworth at 888-456-2529 or lebauneuworth.com/contact-us.