Chronic Pain Claims
Disability insurance companies routinely deny Fibromyalgia and pain-based disability claims on the basis that they are “invisible disabilities” that cannot be proven by objective medical evidence (i.e. MRI or X-ray). Even if true, those who suffer with these terrible conditions know that the pain and fatigue they experience is very real. Courts in Canada have also recognized that diseases such as Fibromyalgia and Chronic Pain Syndrome do exist and can render a person totally disabled and unable to perform their job duties.
Individuals who suffer from serious back and neck pain caused by disc herniation and degenerative disc disease will often have their disability claims denied on the basis that the condition is “not severe enough.” Even claimants who have suffered fractures may have their disability claims initially approved but then have their benefits be cut off prematurely on the basis that the injury “should have healed by now”. Fortunately, the decision need not be final – an Ontario court of law may strongly disagree with the insurance company’s decision.
Keys to a Successful Fibromyalgia and Chronic Pain Claim
The key to a successful chronic pain case is credibility. If you present as a truthful witness when speaking about your pain symptoms, you will be perceived as credible and someone who should be believed. The insurance company may try and challenge your credibility by conducting video surveillance to determine your activity level. They will often try and access your Facebook page to gather evidence.
It is also important to retain the proper medical experts to perform independent assessments. These specialists must have expertise in chronic pain and Fibromyalgia so they can render a strong opinion about your ability to work. At Yazdani Law Office, we have access to qualified and respected specialists in Ontario and will arrange to have you assessed as part of the lawsuit.