Is Cervical or Lumbar Radiculopathy a Disability?
Common Reasons Why Cervical and Lumbar Radiculopathy Disability Claims Are Denied
The biggest challenge for claimants seeking cervical or lumbar radiculopathy work disability benefits is proving how the condition impairs their ability to work.
Unlike paralysis or amputation, symptoms of radiculopathy can fluctuate over time. An individual may only experience symptoms when they’ve been sitting or standing for a prolonged period and otherwise appear “normal” at a doctor’s visit.
That can make proving the extent of your disability to insurance companies difficult.
At Fields Law, we’ve seen insurance companies reject lumbar or cervical radiculopathy insurance claims for reasons like MRIs that don’t show enough severity, insufficient objective evidence, or physical exams that show normal strength.
Insurance companies may also deny radiculopathy claims because they believe the claimant can still perform sedentary work or that their treatment has been too conservative.
These denials often stem from disputes over the severity of the claimant’s functional limitations, rather than the diagnosis itself.
To prove disability to your insurance company, you must be able to show evidence that the condition prevents you from performing your occupation’s duties, and in the case of some policies, any occupation.
Fields Law helps individuals pursue disability benefits by building strong medical and vocational evidence documenting work limitations and appealing wrongful claim denials.
How a Cervical and Lumbar Radiculopathy Disability Attorney Can Help Your Insurance Claim
Because radiculopathy symptoms fluctuate over time, it is difficult to prove how the disability prevents a claimant from working. The key is to gather enough evidence to show that the condition makes it extremely difficult for you to perform your job duties.
Fields Law can help you do that.
We help our clients document their condition by gathering medical records and documenting flare-ups, treatments, therapies, and medications used.
We also work with vocational experts to document your work limitations and absences related to your condition.
Our team documents any side effects from your medications that can further reduce your ability to concentrate and perform work duties.
Gathering comprehensive documentation of your condition and the impact it has on your ability to perform your work duties can increase the likelihood that your disability claim will be approved.
With sufficient evidence to back your claim, Fields Law’s team of disability attorneys can guide you through the process of filing a claim.
How to Respond to a Cervical or Lumbar Radiculopathy Disability Claim Denial
If you’ve already filed a claim for cervical or lumbar radiculopathy disability benefits and been denied, you’re not out of options.
For most employees in the private sector, the Employee Retirement Income Security Act (ERISA) provides an opportunity to appeal a denial by many employer-sponsored disability plans.
Under ERISA, in many cases, claimants have a limited window of 180 days from the day they receive a denial letter to file an appeal.
Fields Law’s cervical lumbar radiculopathy disability lawyers can help you understand the reasons for your denial and build a strong case for appeal.
We can help you:
- Gather additional medical evidence
- Collect detailed statements from your treating physicians
- Obtain a written statement from your doctors that explains how your specific radiculopathy symptoms restrict your work capacity
- Work with vocational experts to further document how your condition affects your work duties
- File an appeal within ERISA deadlines
Our attorneys can also help you communicate with your insurance company, address the reason for your claim denial, and advocate for the full extent of benefits available under your policy.
Cervical and Lumbar Radiculopathy Long Term Disability vs Social Security Disability Insurance
Clients often ask us about the difference between lumbar cervical radiculopathy Long Term Disability benefits and Social Security Disability Insurance (SSDI).
Both are intended to help claimants receive income when their condition prevents them from working, but they are fundamentally different.
Cervical and lumbar radiculopathy Long Term Disability benefits are offered by private insurance. These policies are most often offered by employers, but they can also be purchased privately. This type of insurance is not so much concerned with whether or not you have been diagnosed with a lumbar or cervical radiculopathy condition, as much as how the condition prevents you from performing your work duties.
On the other side of the spectrum, Social Security Disability Insurance claims are handled by the federal government and are based on a person’s lifetime earnings record and federal disability rules.
Because these are two completely different forms of insurance, claimants should understand how the qualifications differ.
Most Long Term Disability policies have an “own-occupation” clause. This usually means you can qualify if you can no longer perform your own occupation due to your condition. However, sometimes policies may revert to an “any-occupation” form after several years.
SSDI claims generally require claimants to prove that they are unable to engage in “substantial gainful activity” due to their condition. If SSDI determines you can still perform other types of work, your claim may be denied.
While it is possible to receive lumbar or cervical radiculopathy Long Term Disability benefits alongside SSDI benefits, LTD policies may include provisions that reduce or offset payouts based on SSDI payments.
If you’re unsure which program is better for you, contact Fields Law. Our disability attorneys can help you understand your options.
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Need Help With Your Cervical or Lumbar Radiculopathy Disability Insurance Claim? Contact Fields Law
Cervical or lumbar radiculopathy can be extremely debilitating conditions, but qualifying for Long Term Disability requires more than a diagnosis. Claimants must be able to prove to their insurer that the condition significantly interferes with their ability to work consistently.
If you’re looking for cervical or lumbar radiculopathy disability legal help, or if you’ve already had a claim denied, Fields Law can help.
Contact our disability attorneys today to discuss your options. While each case is different, Fields Law helps clients nationwide with disability insurance claims and appeals.
Our initial consultation is always free. If you decide to move forward with us, we do not collect an attorney’s fees unless we recover benefits for you.
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Nationwide Long Term Disability Insurance Claim Attorneys
Steve Fields
Founder | CEO | Attorney
Blake Bauer
Principal | Attorney
Mark Klotzbuecher
Principal | Attorney
F. Cameron Bliss
Attorney
Kendra Bredeson
Attorney
Jon Comuzzi
Attorney
Chase Hedrick
Attorney
Brenna Karrer
Attorney
Pounnaphone Phomtalikhith
Attorney
Joe Scanlon
Attorney
Jeff Schleeter
Attorney
Hannah Strong
Attorney
Annie Surbaugh
Principal | Attorney
Joyce Trudeau
Principal | Attorney
