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A COVID-19 Update From Bill

Disability Insurance Claims for Headaches

Put Decades of Experience in Your Corner

Anyone suffering from chronic headaches and migraines knows how debilitating these conditions can be. If your headaches are interfering with your ability to work, you may be eligible for long term disability benefits. However, the process for seeking these benefits can be long and difficult. Insurance companies seem to only have their own financial interests in mind when determining whether to approve your long term claim. In fact, many first-time long term disability claims are denied.

At this point, you may wish to talk to a San Francisco headache attorney about your legal options. At Delfino Green & Green, we can help you determine whether seeking an appeal of your denied long term disability claim is your best option. We have significant experience helping people navigate the disability claims process, involving both ERISA and non-ERISA policies. We will explore every option to help you get the disability benefits you need and deserve, whether through the appeals process or litigation. We handle most long term disability ERISA claim cases on a contingency basis. This means that we only get paid when you get paid.

Contact us online or call us today at (415) 466-8544 to schedule a free consultation with one of our knowledgeable headache lawyers in San Francisco.

What Is a Migraine Headache?

A migraine is a severe headache typically characterized by throbbing pain on the side of the head that may last anywhere from four hours to three days. Migraines are typically accompanied by symptoms such as vomiting, nausea, and extreme sensitivity to light and sound. Roughly one-third of migraine sufferers experience "migraine with aura," formerly known as a classic migraine. This aura is a warning sign that occurs roughly 15 minutes before a migraine begins, characterized by a visual disturbance such as flashing lights, blurred vision, or flashing colors. Since many migraine symptoms worsen with physical activity, individuals are often unable to work while they are suffering from a migraine.

Can You Receive Disability for Chronic Headaches?

Yes, you may receive disability benefits if you suffer from chronic headaches or migraines which are severe enough to cause you to miss work. With that being said, claims of this type can be difficult to prove due to the lack of a medical standard or tests that prove that a headache is a migraine or so severe that it is disabling. In many cases, a physical examination will not be able to uncover anything wrong with a person who suffers from migraines.

As such, the Social Security Administration (SSA) will instead rely on your doctor's reports, your medical documentation, and your statements regarding the severity of your headaches when evaluating your disability claim. Unfortunately, the SSA does not include headaches or even severe migraines on its list of conditions considered an official impairment warranting immediate award of Social Security benefits. In order to be approved for disability benefits, you generally must be able to provide the following documentation:

  • Reports from the doctor who treats your condition, such as a pain management specialist, neurologist, or physician specializing in treating chronic headaches
  • Documentation of the frequency, duration, location, and intensity of your migraines as well as their effects on your daily activities
  • Documentation of known triggers to your migraines
  • Documentation of medications, the types of treatments you have tried, and their effects

Disability Benefits for Headaches & Chronic Migraines

The law firm of Delfino Green & Green represents clients who are seeking long term disability benefits for all types of conditions, including chronic headaches and migraines. If your long term disability claim has been denied, contact us to discuss your concerns with an experienced San Francisco headache attorney. We can help you determine your legal options and help you seek the most favorable resolution possible.

With disability insurance benefits, you could help pay for:

  • Lost wages
  • Medical fees
  • Rehabilitation costs
  • On-going care expenses
Call us today at (415) 466-8544 to speak with one of our skilled attorneys!

Verdicts & Settlements
We've Recovered Millions for Our Clients

  • $10,000,000 Bad Faith Insurance Claim
    Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.
  • $2,400,000 Disability Claim
    Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.
  • $2,000,000 Traumatic Brain Injury
    Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.
  • $1,800,000 Heart Condition Disability
    Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.
  • $1,700,000 Builder’s Risk/Collapse

    A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.

  • $1,000,000 Heart Condition Disability
    Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death. Based on thi
  • $1,000,000 Traumatic Brain Injury

    Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.

  • $985,000 Traumatic Hand Injury

    Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.

  • $975,000 Aviation Death Settlement
    A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.
  • $700,000 Forklift Accident
    A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.

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