Do you experience excruciating pain every morning that doesn't go away, or do everyday activities like grocery shopping or playing with your child become difficult? That could be a sign of chronic pain, and you are probably wondering if you could be eligible for disability benefits.
Your concerns are valid because how the court considers chronic pain could affect your eligibility for these benefits after an accident. Whether the injury causing your chronic pain was due to a motorcycle accident, a car accident, a slip and fall, or any other type of accident, you need to understand your legal options.
Often, with the legal assistance of a skilled attorney, you can file a disability claim to secure disability insurance payments for your losses caused by chronic pain.
Understanding What Chronic Pain is and Why it Qualifies as a Disability
Also known as long-lasting pain, chronic pain is any pain that persists for twelve weeks or more, even after your illness or injury has healed. Common injuries that cause chronic pain include back injury, neck injury, degenerative disc injury, and nerve damage.
If chronic pain has become unbearable or it becomes severe over time, consider a disability claim through your employer's disability plan or insurance to secure your benefits. While disability benefits may not help restore your health, they can help you cope with the condition and finance daily activities that you cannot perform due to the discomfort caused by the chronic pain.
Generally speaking, chronic pain could qualify as a disability if it limits your ability to perform major life activities. If your chronic pain makes it challenging to lift objects, sit for extended periods, stand, walk, or concentrate on your work, the Social Security Administration (SSA) or insurance provider could consider it a disability, meaning you are eligible for damages. That is true even if the injury causing the chronic pain has healed or is no longer visible.
According to the Employment Development Department, you could qualify for disability benefits if any of the following facts are true:
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You cannot work for a minimum of eight (8) hours daily
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You were actively looking for a job when your injury occurred
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You lost your source of income due to the injury
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You earned a minimum of about $300 with disability insurance coverage deducted from your paycheck
Generally speaking, the SSA will consider whether your mental and physical ailments make it challenging or impossible for you to work.
Types of Chronic Pain That Could Make You Eligible for Disability Benefits
No ailment or injury will automatically make you eligible for disability. Regardless of the severity of your injury, you must prove that the ailment or injury caused by the accident negatively impacts your ability to live independently or perform daily activities. Here are types of chronic pain that could make you ineligible for disability benefits:
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Neuropathic Pain and Nerve Damage
After an auto accident, the injured nerves could continue sending recurrent pain signals for several months or years, even after your injury has completely healed. The neuropathic pain will often feel like electric shocks, tingling, or a burning sensation. You are more likely to experience this type of chronic pain if you have crush injuries, whiplash, or spinal trauma.
Unlike other types of pain, neuropathic pain does not respond well to the standard painkillers many doctors prescribe. That means it will continue to impact your ability to perform basic daily chores.
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Post-Concussion Pain and Chronic Headaches
Traumatic brain injury is a common injury, particularly in severe auto accident cases. If you have sustained a traumatic brain injury in a car accident, you will likely experience persistent or chronic headaches that last for several months or even years.
Chronic headaches can be very severe, and daily occurrences could make it challenging for you to drive, work, or even focus on your laptop screen for a prolonged period. Post-concussion syndrome frequently causes extreme sensitivity to light and sound, resulting in a severe disability that could significantly impair your quality of life.
Extreme sensitivity to light and sound is a common consequence of post-concussion syndrome, leading to a complex disability that can significantly affect various aspects of your life.
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Spinal and Back Pain
When you suffer a spinal injury or back pain after an auto accident, slip and fall, workplace accident, or any other type of accident, you may experience long-lasting back pain. You may still experience excruciating pain even after your fractures or soft tissue damage have healed.
Whether your chronic pain stems from a nerve compression, disc problems, or any change in how your spine works, you need to know your legal options because this pain could negatively impact the quality of your life. Depending on the severity of the injury, chronic spinal and back pain could force you to change your career or completely stop engaging in any physical activity, including driving.
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Complex Regional Pain Syndrome (CRPS)
Another severe type of chronic pain you could experience after sustaining a limb injury in an accident is CRPS. What begins as a leg injury or broken arm could evolve into swelling, extreme sensitivity, or burning pain, which could persist for several days even after the healing of your bone.
CRPS is specifically relevant to your personal injury claim because it shows how even a non-severe initial injury could progress to a life-changing disability and financial losses. Understanding whether your chronic pain qualifies as a disability is important if you have CRPS, as many people often misunderstand this condition.
It is worth noting that these are not the only forms of chronic pain that could qualify you for disability benefits. Other qualifying chronic pain disorders include (but are not limited to) the following:
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Migraine headaches
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Fibromyalgia
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Trigeminal neuralgia
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Diabetic neuropathy
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Chronic fatigue syndrome
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Temporomandibular joint (TMJ) disorder
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Vulvodynia
Medical Evidence You Need When Preparing a Disability Claim for Chronic Pain
While you may be eligible for disability benefits when you suffer from chronic pain, you must provide sufficient medical evidence to demonstrate that you have the condition and how it impacts your daily life.
Generally speaking, the outcome of your disability claim will depend on the quality of the evidence that you or your attorney presents to demonstrate how chronic pain has affected your life. That means your attorney should prepare medical documentation to show the severity of your condition and its impact on your ability to work.
While losses caused by chronic pain are subjective, using medical documentation, your attorney can prove the extent of the injury and its impact on several aspects of your life. Here are various types of medical evidence that your attorney can present to prove you deserve adequate disability benefits for your chronic pain after sustaining an injury in an accident:
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Pain assessment documentation
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Specialist evaluations
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Treatment records
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Medication management records
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Daily activity documentation
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Laboratory and imaging examination test results
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Sleep study results
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Mental health assessment results
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Hospitalization records
If you have chronic pain, working with a seasoned attorney to prepare your disability claim is paramount. A seasoned attorney can work with your medical teams and practitioners to ensure accurate and proper documentation of vital medical evidence that shows you are an excellent candidate for disability benefits caused by chronic pain.
Tips on How to Build a Strong Disability Claim for Chronic Pain
The immediate steps you will take after detecting that you have chronic pain will significantly influence the outcome of your disability claim. Since chronic pain is often unexpected and challenging to measure, you require strong evidence to show that you are an excellent candidate for disability benefits. Following the steps explained below can increase your odds of securing a favorable outcome:
Gather Medical Evidence
Medical evidence plays a crucial role in a disability claim. To strengthen your disability claim for chronic pain, you need adequate evidence to prove the impact of the condition on your life. Therefore, you should begin collecting all the relevant evidence related to your chronic pain as soon as possible to strengthen your compensation claim. Examples of medical evidence that could work in your favor include:
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Imaging test results, including MRI, X-rays, and CT scans
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Diagnosis from a licensed and qualified medical practitioner
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Prescribed medications and treatment notes
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Evidence of any ongoing medical treatment or therapy
The more consistent and detailed your evidence records are, the higher the chances of securing a positive outcome. To maintain a consistent medical record, you should keep up with your doctor's pain management appointments. If possible, you can ask one or two of your specialists or doctors to give you a detailed medical opinion about your injury and chronic pain issue.
Keep a Pain Journal
Maintaining a pain journal that tracks all your pain episodes, limitations, treatment side effects, and triggers can strengthen your claim and increase your odds of securing a favorable outcome. A well-kept, neat log can help show the real-life impact of your unique condition far beyond what medical tests show.
Review the Functional Limitations Caused by Your Chronic Pain
Assess how your chronic pain affects your physical or mental ability to perform specific tasks, as well as the types of jobs you could pursue. In your disability claim, you should describe how chronic pain affects your daily movement or activities. For instance, you should be specific about how the condition affects your ability to do the following:
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Walk without assistance or rest
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Stand or sit for an extended period
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Remember or focus
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Lift, push, or carry items
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Maintain your usual daily routine
Hire a Skilled Attorney
Due to the complexity of disability claims, working with a skilled attorney on your case could be helpful. Disability claims involving chronic pain are among the most challenging to prove, mainly because pain is subjective.
Many times, the SSA denies claimants with legitimate and life-changing pain disability benefits because their condition lacks adequate or correct documentation to prove they truly deserve the damages. When you hire a seasoned personal injury attorney, he/she can guide you through every phase of the process to ensure you receive adequate disability benefits for the chronic pain. Your attorney can help ensure you receive a favorable outcome by:
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Speaking with your doctors and medical specialists to gather strong medical evidence to support your claim
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Offering you legal advice to avoid disclosing any information that could impact your case outcome
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Preparing your SSA interviews and hearings before an administrative law judge
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Filing appeals on your behalf when necessary
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Presenting your unique case persuasively
The Disability Benefits You Could Qualify for if You Have Chronic Pain
If your disability claim for chronic pain is successful, you could qualify for any of the following types of disability benefits:
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Supplemental Security Income (SSI)—You could qualify for SSI benefits if you have limited resources and income. Fortunately, you do not require a work record to qualify for these benefits, but you must prove that the chronic pain prevents you from working
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Social Security Disability Insurance (SSDI) — SSDI focuses on your work history and whether you have worked and contributed to the Social Security system through your payroll taxes. To be eligible for SSDI benefits, you must provide evidence to show that chronic pain has lasted or is expected to last for at least twelve months and affects your ability to work
The SSA is responsible for administering these benefits, and it uses the same definition of chronic pain for both programs. However, the eligibility criteria and rules could differ slightly. A skilled attorney can help explain the differences to you and determine which program best suits your unique case for the best possible outcome.
Find a Competent Disability Claim Attorney Near Me
Generally speaking, being proactive helps position your chronic pain disability claim for a successful outcome while avoiding numerous pitfalls that could result in the SSA rejecting your claim. At Leland Law, we guide our clients through every stage of the disability claim process to ensure they receive a favorable outcome, and we can help you, too.
We are here around the clock to ensure your chronic pain receives the maximum disability benefits possible. We invite you to call us at 866-449-6476 to schedule your first obligation-free consultation with our profound and dedicated disability claim attorneys, wherever you are in Los Angeles.
