If you're living with chronic pain, you know that it can affect your ability to live life as usual. You may find yourself unable to work and without access to the support and benefits needed to get through this difficult time.

This was the case for one of our clients, who despite suffering from debilitating chronic pain – complete with doctors’ notes, medication prescriptions, etc., – found his claim for disability benefits denied. His story is all too common in Canada - many individuals struggle daily trying to receive much-needed coverage only to have their applications rejected.

What sets this client apart from so many others is that he refused to take no for an answer and pushed forward until finally earning the compensation he deserved for his suffering. Read on for more about how we helped our client turn things around against seemingly insurmountable odds.

Anthony's Repetitive Tasks Cause Chronic Pain Disability

Anthony was in good health until his early fifties, when he began to experience concerning physical symptoms. It started out as tingling in his fingers and then, numbness in his hands and wrists. Finally, the problem progressed into constant shooting pain (progressive chronic pain) and loss of strength in both of his hands.

An MRI revealed carpal tunnel syndrome, a progressive condition caused by compression of the median nerve in the wrist. Years and years of repetitive arm and hand movements that were a part of his job were now preventing Anthony from working. Anthony's doctor suggested rehabilitation and if there were no improvements, surgery. One thing he was clear about was that Anthony should take a break from the barbershop or his chronic pain could worsen.

Chronic Pain Disability Claim Approved

Anthony submitted a disability claim for chronic pain that was part of his long term disability benefits policy. The insurance company approved the disability claim, allowing Anthony to focus on rehabilitation. He left his job indefinitely and visited his physical therapist twice a week.

Insurance Company Cuts Him Off, Alleging Non-Compliance with Treatment

Six weeks after Anthony was first approved for long term disability benefits for chronic pain, his case manager called and asked when he was scheduled for surgery. Anthony informed her that he was currently seeing a physical therapist and was not sure if he was going to have the surgery he and his doctor had discussed. A week after this telephone conversation, Anthony received a letter stating that his benefits had been terminated. The reason cited in the letter was "non-compliance" with recommended treatment.

Benefits Terminated and Appeals Denied

Anthony and his doctor were taken aback by this; they assumed that the insurance company had misconstrued his clinical notes and records. Anthony was getting treatment for his progressive chronic pain. Together, they submitted an appeal. When that was also denied, Anthony knew he was in trouble. Anthony's neighbours, who had had their own troubles with their insurance company in the past, recommended he contact Share Lawyers for a free consultation with their a long term disability lawyer. "They know disability law," Anthony was told. He called them to ask questions about disability claims right away.

Anthony Hires a Team Disability Lawyers

Anthony met with a disability lawyer at Share Lawyers and was assured that it wasn't the end of the road for his long term disability claim. After a thorough assessment, he was provided with a clear explanation of what to expect after suing the insurance company for benefits. It was a great relief to know that, while legal action was not an overnight resolution, the disability lawyers would handle every step of the process so that he no longer had to battle with the insurance company. He could finally focus on getting better from his progressive chronic pain while his lawyers focused on winning him the maximum settlement possible.

Disability Lawyers Worked Toward a Settlement

After reviewing Anthony's policy and medical history with a fine-tooth comb, Share Lawyers prepared their case against the insurance company. In mediation, Share Lawyers used expert medical evidence to identify that Anthony had fully complied with all recommended treatments at different points in his chronic pain disability. The insurance company argued that Anthony should have opted for surgery for his chronic pain as soon as he could not continue working; however, Share Lawyers demonstrated that in Anthony's case, surgery was recommended as a last resort, and that he was pursuing other less invasive options when he was terminated from his benefits. The case was settled after many hours of aggressive negotiations between Share Lawyers and the insurance company's legal counsel. Anthony was finally awarded a sizeable lump sum to cover disability benefits owed, a portion of benefits he would have received in the future, as well as a portion of his legal expenses.

Chronic Pain Disability After the Settlement

Anthony was pleased with the outcome of his case because it afforded him the time to make the best choice for his health. Ultimately, he did require carpal tunnel release surgery, which significantly helped his chronic pain and he was able to return to work a few months later on a modified basis.

Denied your long term disability claim?

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