A Knowledgeable Pennsylvania Neck Injury Attorney Works to Secure Disability Insurance Benefits for Injured Professionals
The human neck is a vital part of the body, but we often don’t notice it until a problem arises. Then suddenly, every task can become exhausting or excruciating—if not absolutely impossible.
The neck supports the considerable weight of the head and houses the spinal cord that transmits information from the brain throughout the body. Damage to the neck often results in pain that affects the entire body. However, the effects of a neck injury can result not only in pain but also in impairment of sensation and control of body parts.
Neck injuries can interfere with life in a wide variety of ways. While some neck injuries will heal with time and rest, others never heal, leading to permanent disabilities. Despite the intense impact of neck injuries, they often leave no visible signs. This allows insurance companies to claim that someone suffering from a pinched nerve, herniated disc, whiplash, or other neck injuries is exaggerating the effect on their ability to work.
A Pennsylvania neck injury attorney at Seltzer & Associates knows how to present evidence to show why policyholders suffering from these types of injuries qualify for benefits under the terms of their disability insurance policies.
Understanding Neck Injuries
Neck injuries can be divided into three main categories: damage to parts of the cervical spine, damage to the spinal cord, and damage to the tendons, muscles, and ligaments. Injuries to the vertebrae and discs in the spine frequently cause additional damage to the spinal cord or other nerves.
The damage can occur due to a sudden traumatic event such as a fall or collision, but it may also occur due to a degenerative condition that develops over time. For instance, cervical spondylosis is a common form of arthritis that develops from wear and tear on the bones and disks of the neck. This condition in turn often leads to spinal stenosis, where the spinal canal becomes increasingly narrow, putting intense pressure on the spinal cord and other nerves.
Some of the most frequently diagnosed neck injuries include:
- Herniated disc
- Cervical radiculopathy
- Cervical stenosis
- Soft tissue injuries such as whiplash
- Cervical fractures
- Damage to nerves connected to the brachial plexus nerves
Unfortunately, many neck injuries are difficult or impossible to cure with surgery or other treatment. Instead, physicians can only prescribe rest with neutral spinal alignment in the hopes that the body will heal itself. A busy professional suffering from a neck injury often has no choice but to stop practicing, at least temporarily.
How Neck Injuries Affect a Professional’s Ability to Work and Function
Neck injuries can negatively impact the abilities of professionals across all fields. If neck damage limits your ability to turn your head, it is hard to do even sedentary tasks, such as looking at multiple computer monitors. When damage to a cervical disc or vertebra pinches a nerve, it can lead to numbness and weakness in the shoulders, arms, and hands, making it difficult to perform tasks that require fine motor skills, such as typing. A professional who requires precise dexterity, such as a dentist or surgeon, may be completely unable to perform the routine procedures that make up the bulk of their professional practice.
Any type of neck injury frequently leads to chronic pain and fatigue that disrupt sleep and interfere with concentration. Stamina is greatly reduced, even for activities such as reading and writing. All professionals need to be able to focus to apply their knowledge to the tasks they are expected to perform. When a neck injury interrupts this ability to focus, they cannot perform at the level required for professional competency. Executives, accountants, attorneys, and all professionals in the medical field simply cannot practice their professions when they are unable to concentrate and reason clearly due to pain and fatigue.
FAQs About Neck Injuries and Disability Insurance Claims
Can I claim disability for the “cognitive” effects of a neck injury?
It is quite possible to obtain disability benefits for the cognitive effects of a neck injury, but these types of claims can be notoriously hard to demonstrate, so approval rates are comparatively low. This is one reason it is so helpful to work with a Pennsylvania neck injury attorney who understands how to obtain and present the documentation necessary to demonstrate how the neck injury has resulted in cognitive impairment.
How does Pennsylvania law treat “high-earner” disability claims?
Professionals with a history of high earnings are usually much more successful in recovering full benefits for a neck injury when they have a disability insurance policy that provides “own-occupation” coverage rather than “any occupation” coverage. Many high-earners practice in specialized fields such as oral or ocular surgery where a disability caused by a neck injury makes it impossible to continue practicing. These professionals can best protect themselves by purchasing a specialty-specific rider so that the definition of disability is directly tied to the inability to perform the skills of their profession. Regardless of the definitions, however, insurance companies will frequently insist that a claimant does not meet the eligibility standards, and it often requires concerted legal effort to get the insurer to honor obligations under the policy.
The insurance company says my MRI is “age-appropriate.” What now?
Many times, disability insurance providers will deny benefits because they have concluded that an MRI submitted as evidence of a disability shows only minor wear and tear that is “normal” for the age of the claimant. And in many cases, that assessment may be correct. However, the disability is based not on what the MRI shows but what the claimant feels. It is the symptoms of the neck injury rather than the visible injury itself that makes the condition disabling.
This is so obvious to most professionals that they don’t even think to point it out, let alone see the need to prove it. Professionals who have devoted so much time and energy to building their careers are not anxious to let go—they only do so when forced to by the effects of their injuries. If an MRI or other imaging does not provide conclusive proof of a disabling condition that prevents a professional from working, an experienced Pennsylvania neck injury attorney at Seltzer & Associates will work to gather and present evidence from medical and vocational experts to show how the symptoms of the injury prevent the claimant from performing essential functions of their job.
Disability Insurance Claims are Much More Challenging Than Expected, But Seltzer & Associates is Ready to Assist
When you are suffering from a neck injury or other disabling condition that prevents you from working, it is easy to feel like your life is falling apart. The team at Seltzer & Associates cannot erase the pain or restore your health, but we can take some of the worry away by managing your benefits claim under your disability insurance policy.
Whether you are just starting the claims process or you are facing a denial or termination of benefits, our experienced team is ready to assist. To schedule a free consultation to learn more about the help we can provide, call us at 888-699-4222 or contact us online today.