Hi, I’m Nick Ortiz. I’m a board certified disability insurance attorney, and owner of the Ortiz Law Firm. Today I’m here to talk to you about migraine headache disorders and long-term disability claims. Specifically, what I’d like to go over with you is the types of evidence that an insurance company is looking for when approving a long term disability claim due to a migraine headache disorder.
The most important evidence in your case is medical records. So in a migraine headache claim, you might have medical records from your primary care doctor, an internal medicine doctor, but most specifically, you might be seeing a neurologist, who’s a brain doctor who specializes in treating migraine headache disorders. So you’re going to want to produce all records from any of those types of doctors, whether they be a primary or a specialist.
The next thing that you’re going to want to produce is opinion evidence from your physicians about what your restrictions are. This is extremely important in a migraine headache case because as you know, having the condition, a migraine headache disorder is not something that you can take a picture of and show that the person’s experiencing a headache. In fact, it’s largely based on subjective complaints, although, it may be supported by some objective medical findings.
Most specifically in a migraine headache case, you might have an EEG that’s been performed, and the results show some abnormal brain wave activity, or maybe you’ve had an MRI of the brain. A brain MRI might show, for example, the existence of white matter in the brain. And the white matter is causing displacement that’s ultimately causing a migraine headache to occur. So those are some additional objective findings to support your subjective complaints, but let’s get back to the opinion evidence from the physician.
What the physician might state in a form or letter is that due to your migraine headache disorder, you’re gonna have a lot of deficits. Specifically, they might go over the frequency of your headache disorder, the duration, what your restrictions are while you’re having a headache. So for example, if you need to avoid light, if you need to avoid noise. And then if they can go over the duration that might indicate that if you’re gonna be in your room, in a dark room, under the covers, unable to communicate with anyone, or hear anything, or be exposed to any noise, there’s not a whole lot of jobs that you can do if you frequently have headaches and you’re out of pocket.
Another very important component to a migraine headache case is the cognitive deficits, or the thinking deficits. So when you’re experiencing a significant migraine headache, it may impair your judgment, it may impair your ability to maintain attention and concentration, and if you are distracted to the point where you can’t even see straight, think straight, focus on what you’re doing, then that would obviously impair your ability to do work activity.
Here at the Ortiz Law Firm, we developed a medical source statement specifically for migraine headache disorders that goes over not only what your restrictions are when you’re having a headache, but also what your cognitive deficits are in terms of your thinking ability. And that has been very effective in proving up a disability case for these insurance companies.
If you’d like to talk to us more about your migraine headache disorder case, then I encourage you to give us a call at 850-898-9904. Or, if you’re simply looking for more written information, I’m giving you an offer of a free book that I wrote called The Top 10 Mistakes That Will Destroy Your Long-Term Disability Claim. If you go to www.freeltdbook.com you can download a free copy today. Thank you, we look forward to hearing from you.