Around 4 million people suffer from migraines across Canada, and nearly all have had an instance where they are unable to attend to their employment or school duties, let alone their day to day needs. Unfortunately there is no known cure for migraines, while the triggers for such are commonly recognized. Whether be induced by food, certain smells, motion, lack of sleep, tension, to even hormonal changes, migraines are incredibly debilitating and can prohibit one from being able to manage even their day-to-day needs on their own.
The world health organization (WHO) has ranked migraines as one of the top 20 disability causes, with women suffering three times more than men from this condition. Some sufferers have to deal with the symptoms of migraines for days, and even weeks; it is in these cases that one should consider disability leave to invest in managing their symptoms and seeking to work with a specialist to try and figure out ways to prevent the onset of migraines in the future. If someone does not take the time to identify what triggers their migraines, nor invests in finding a treatment to manage their symptoms, their suffering can be prolonged and their ability to manage their condition can decline with mounting exhaustion and stress.
Identifying a Migraine
Migraines are extremely painful headaches that are accompanied by several different symptoms. Most commonly nausea, sensitivity to noise, smells and light are present, while around 10% of sufferers also experience vision changes such as flashing lights or moving spots. These visual changes are referred to as “auras” and are considered to be neurological disturbances. They often occur fifteen minutes to an hour before the migraine headache begins. The onset of the headache is identified by intense throbbing pain, often on one side of the head, but not always.
Other symptoms that accompany headaches or auras include:
- Stiffness (often in the neck and shoulders)
- Decrease in ability to communicate (problems with articulation)
- Blurred Vision
- Decrease in attention and concentration
- Confusion
- Tingling and numbness
- Problems with hand-eye coordination
- Vomiting
- Diarrhea
- Paralysis
- Loss of consciousness
These symptoms are intensely experienced by migraine sufferers and are considered to be severe by medical professionals.
What Causes Migraines
Statistics show that 1 in 4 households in Canada have someone effected by migraine headaches. While a person may inherit a predisposition for developing migraines, factors such as stress, one’s environment, diet, hormonal changes and even atmospheric pressure may contribute to the onset of a migraine. With all this being noted, the exact cause of migraines is still unknown to scientists and doctors. It is recognized that triggers for one migraine attack may not be the culprit for the next, which makes it difficult for sufferers to project when a migraine may take place, and how to avoid such. Many experts believe that the primary reason for migraines is a chemical imbalance (such as hormones) in the brain, but there is no real way of monitoring such. Unfortunately, a treatment for migraines has yet to be identified, and one can only seek ways to managing their symptoms in an efficient and timely manner.
Canadian Disability & Migraines
Those who suffer form chronic migraines have a huge decrease in the quality of life, for both them and their families. When a migraine begins, it forces one to have to abandon whatever they are doing to try and mange the intense pain and other debilitating symptoms. Many adults who suffer from migraines have to take leave from work, often suddenly, and without a sense of how long of a leave is needed. This often means that most people who suffer from migraines also have to live in a state of fear and anxiety, for they do not know when the next migraine will strike, nor how they will manage such. A migraine sufferer often endures an increase in everyday stress, as well as a possibility for social avoidance due to an effort to evade possible triggers of migraines.
Recognizing migraine pains as a disability helps provide comfort to sufferers, acknowledging their experience and its legitimacy. The economic and emotional burden that accompanies migraines, whether be through the cost of treatment or the need for leave from work, grants one to claim disability benefits, seek disability leave, as well as apply for a disability tax credit in Canada.
Type of Disability
Being diagnosed with migraines allows one to apply for an illness disability claim through their insurance provided by an employer, through their personal insurance, or through a government funded insurance such as the Ontario Disability Support Program (ODSP). Suffering from chronic migraines leads to severe episodes of pain and sensory sensitives that completely render someone from being able to work. Furthermore, some forms of treatments such as pain killers require an individual to avoid doing certain activities such as driving or using large machinery, and can also have some adverse effects that can contribute to ones inability to carry out work related duties. Given the economic, social and emotional harm that migraines have on an individual and their family, it is considered a disability and should not be ignored or discredited as such.
To support a claim for long-term disability, one must provide all medical records regarding their migraine diagnosis and struggle with symptoms of such. Upon submission for a long-term disability claim, an insurer may require further checks into one’s medical background, or ask for a medical examination by one of their own appointed doctors. Most eligible claims require a longer period of suffering, with a record of such, and without inaccuracies or contradictions that may provided a basis for a denied disability claim.
When To Contact A Lawyer
The biggest battle for migraine sufferers, besides dealing with he debilitating symptomatic factors of a migraine, is being taken seriously by both their employer and/or insurance company. The added on stress that can come from being faced with a denied disability claim, whether be for a leave from work, or for short-term disability or long-term disability, can be stressful and further antagonize the already painful situation. Unfortunately, most insurance companies unfairly deny disability claims for migraines on the grounds that there is “no objective medical evidence” for the disease or illness. That being said, when someone is faced with a denied disability claim from an insurance company, this does not mean that the insurance company is correct, or legally able to deny their claim.
A lot of the times, insurance companies deny disability claims in hopes that the claimant feels discouraged and does not pursue the coverage and benefits they are actually legally entitled to. It is very important to speak to a denied claims lawyer / disability insurance lawyer as soon as you receive a denied disability claim. An attorney will be able to help you navigate the convoluted process of a denied disability claim and speak with with your insurance company on your behalf. When dealing with migraines, you do not need to put up with any further stress or face triggers that can make your condition worst.
Despite the number of sufferers throughout the country, many employer also ignore the legitimacy of migraines and identifying such as a disabling illness. Regardless of what an employer says, migraines cost the Canadian workforce close to seven million workdays each year, and are noted by neurologists and pain specialists as a widely misunderstood and misdiagnosed disease. If your employer is discrediting your diagnosis of migraines, is not granting you the proper leave from work to manage your symptoms, it is important that you contact a disability lawyer as soon as possible. By having an attorney represent you, you will have a legal aid and alternative party be able to speak with your employer and help validate the legitimacy of your claim. If your employer or your employer’s insurance provider is acting in bad faith, a disability attorney will be able to fight for your claim, benefits and even seek compensation for damages.
TSF Law has represented many individuals who have been faced with denied disability claims and who have found themselves in disputes with their employers over a migraine diagnosis. Our team of lawyers are familiar with the debilitating effects of migraines and how it can effect one’s ability to work; we are sensitive to the matter and will assert our legal knowledge on your behalf in order to get you access to the disability benefits and leave you are entitled to. Our firm offers free consultations in person or over the phone, and are ready to alleviate the financial and emotional burden that accompanies a migraine disability. Call us today; TSF Law makes it their mandate to always be there for you and provide a shoulder to lean on when dealing with a denied migraine disability claim.
