An Experienced Pennsylvania Spinal Injury Attorney Optimizes Disability Insurance Claims
The human backbone is the metaphorical symbol for foundational strength. Broadly speaking, a “backbone” is a core framework that holds a system together. It is such a powerful and effective metaphor because we know how essential the backbone is to our lives.
So when the bones, nerves, or other tissues associated with your spine are injured, it affects every facet of your life. Spinal injuries have a devastating impact on your ability to work in any type of job. However, disability insurance companies often act as if professionals with intellectual training and experience are perfectly competent to continue working despite their physical disabilities.
At Seltzer & Associates, we know how wrong that is—and we know how to prove that spinal injuries qualify claimants for benefits under the terms of their disability policies. When you allow a knowledgeable Pennsylvania spinal injury attorney to assist with filing a claim, maintaining a claim, or appealing a denial, you can reduce your stress and avoid the delays and headaches that so often become part of the claims process.
How Spinal Injuries Frequently Occur
Spinal injuries can be caused by a sudden, traumatic event or by systemic deterioration that occurs slowly over time. Car accidents often result in damage to the spine, spinal cord, or both. Falls are the most common cause of spinal injury in adults nearing or at retirement age. Recreational accidents, including sports injuries, frequently damage the spine.
Conditions that weaken bones or nerves make the spinal cord vulnerable to damage with or without an external traumatic event such as a fall. Osteoporosis, spinal stenosis, infections, tumors, and osteoarthritis are examples of some medical conditions that slowly cause damage to the spine and make the spinal cord susceptible to injury.
For the purposes of a disability insurance claim, the cause of the injury is less important than its effect. There is no need to demonstrate that the injury was caused by work conditions or that another person’s negligence caused an accident that led to injuries. What is important is demonstrating how the injury prevents you from performing key aspects of your profession.
Types of Spinal Injuries
It is helpful to think of spinal injuries in two primary categories: those that damage the spinal cord and those that affect the bones, discs, and ligaments of the spine itself.
Spinal Cord Injuries
The spinal cord is a bundle of nerves that relay signals between the brain and various parts of the body. When the spinal cord is injured, signals below the point of injury are interrupted. An injury low on the spine might only impact an individual’s lower body. Injuries that occur higher up on the spinal cord interfere with arm function as well as core functions such as breathing and swallowing.
When a spinal cord injury is classified as “complete,” it means that the damage is so severe that it causes a total loss of control and sensation below the injury site. It represents complete paralysis. By contrast, if an injury is classified as “incomplete,” then the person affected retains some ability to control or feel sensations below the site of the injury.
Vertebral Injuries
Damage to the spinal column itself, often referred to as vertebral injuries, generally leads to pain and instability even if the spinal cord itself is not impacted. The individual vertebrae that make up the spine may crack or break, sometimes due to compression. Vertebrae can also be dislocated or partially misaligned. When the cushioning tissue between vertebrae squeezes out through a crack, nerves can be compressed by the herniated disc. These injuries are extremely difficult to treat and often grow more painful and debilitating over time.
How Spinal Injuries Impact Professional Abilities
Spinal injuries obviously impact the ability to move, so it would seem obvious that medical professionals who are on their feet treating patients would have extreme difficulty practicing their profession when their movement is impacted by a spinal injury. However, insurance companies don’t necessarily accept the obvious. Instead, they often claim that physicians, dentists, and other professionals are still capable of performing some job duties such as examining X-rays or writing summaries of patients’ conditions. They will argue that the ability to continue with these tasks indicates that a professional is not suffering from a disability that qualifies them for benefits under their policy.
However, an experienced Pennsylvania spinal injury attorney can build arguments and present evidence to show that it is not possible to continue working in a capacity sufficient to practice with the competence required by the profession. The pain and limitations caused by spinal injuries can prevent professionals in all fields from working, and the team at Seltzer & Associates understands how to demonstrate eligibility for benefits under disability insurance policies.
FAQs About Spinal Injuries in Disability Insurance Claims
How does my “Own-Occupation” clause affect my spinal injury claim?
Depending on how the clause is worded, it should make it easier to demonstrate that you qualify for benefits under the policy. However, the insurance company is likely to try to insist that there are still aspects of your own occupation that remain within your abilities, so it will be necessary to submit substantial and persuasive evidence to recover benefits.
My spinal injury is “incomplete”—can I still qualify for benefits?
If your incomplete injury prevents you from performing key aspects of your profession, a Pennsylvania spinal injury attorney can help you demonstrate eligibility for benefits.
Can I receive benefits if I can still work part-time or in a limited capacity?
When your disability insurance policy includes coverage for residual disabilities, then you should be eligible to receive benefits to make up for the difference in income caused by your reduced earning capacity.
Seltzer & Associates Fights for Maximum Benefits for Professionals Suffering from Spinal Injuries
The companies that provide disability insurance are very good at making promises and collecting premiums, but their performance falters when it comes time to pay claims. They can be creative at finding reasons to deny or undervalue claims. We understand their tactics because we have been working to overcome them for decades.
At Seltzer & Associates, we work to demonstrate the impact spinal injuries have had on your earning capacity and show why you qualify for benefits under the terms of your policy. We take the worry off your shoulders so that you can focus on healing and rebuilding your life. For a free consultation to learn about the assistance a dedicated Pennsylvania spinal injury attorney could provide in your situation, call us at 888-699-4222 or contact us online today.