Toronto CRPS/RSD Lawyer
Complex regional pain syndrome (CRPS) is a disorder of the nervous system that causes severe pain in one of your limbs. This condition, also known as reflex sympathetic dystrophy (RSD), typically begins after a traumatic event or injury.
The initial event does not have to be severe, but if the nerves suffer damage they can cause long-term, disabling pain that is uncharacteristically severe compared to the initial injury.
If you suffer from CRPS/RSD, you should consider your right to claim long-term disability benefits in Toronto. A Toronto CRPS long term disability claims lawyer can help you determine your eligibility for benefits and assist you with producing the necessary support for your disability claim.
Most jobs, regardless of industry, require the full use of your limbs. When you develop CRPS in a limb that you use for your daily job duties, you might become unable to continue working at that job.
You might also experience adverse side effects from the medications you use to treat the CRPS. Many narcotics used to manage pain can cause dizziness, fatigue, and cognitive fog.
Elements of Proof
When we work with clients on their long-term disability claims, our CRPS long term disability claims attorneys in Toronto gather evidence to prove the following:
- You have a doctor’s diagnosis of complex regional pain syndrome.
- Your doctor verifies you will suffer from CRPS for at least 12 consecutive months.
- Your CRPS causes you to be unable to work at your current job.
Obtaining a complex regional pain syndrome diagnosis can be difficult, as there is no single diagnostic test to confirm the condition. Make sure you explain all injuries that occurred before your pain began and identify when the pain began. This information can help your doctor rule out other conditions with similar symptoms.
Once you have the diagnosis for CRPS, we collect your medical records and review your doctor’s notes for your prognosis. If your doctor did not mention the duration of your condition, we can request that he evaluate the longevity of your complex regional pain syndrome. When we have proof from your doctor that your condition will last the required period, we move on to proving how the condition limits your ability to work.
There are several sources we can use to prove the effect CRPS has on your ability to work. It helps to create an explanation of your job duties and make notes of how your CRPS makes you feel while performing those tasks. We might also request proof from your employer regarding your job duties and any impact s/he has seen in your ability to work since developing CRPS.
Insurance Claim Challenges
The insurance company’s priority is making money, not helping you. Your long-term disability claim could add up to tens of thousands of dollars, so you can be sure the insurance company will be doing everything they can to disprove your claim.
To do so, they will likely try to show your pain is not consistent enough to affect your work ability. They might ask you to give a recorded statement describing your condition. During this conversation, an insurance adjuster can pressure you into admitting your pain is not as often as you claim, or that you are still able to work.
It is best to avoid giving this statement until you can talk to a Toronto CRPS long term disability lawyer who has worked with a complex regional pain syndrome claim.
Another challenge the insurance company might make is that you can work at other jobs. You will need proof from your medical records and personal notes that your pain continues even during low-activity jobs and causes significant distraction from your work.
The lawyer will gather the evidence to dismiss these charges and develop the facts necessary to support your claim.
If your medical records, employer testimony, and personal notes are not enough to prove the limitations complex regional pain syndrome has on your job, and will file for reconsideration.
During this time, we bring in specialists who understand and can explain exactly how your CRPS affects your ability to work. We use their testimony to convince the insurer to reverse their decision.
What can I do to help my long-term disability claim?
Our Toronto CRPS long term disability claims lawyers handle the work of collecting your medical records and developing the extra evidence for your claim. While we do that, you can also improve your chances of winning your case by doing the following:
- Not skipping any doctor’s appointments or treatments
- Not exaggerating or lying about your health
- Not downplaying your injuries
- Not talking to the insurance company until you talk to us
- Keeping track of days you miss from work due to your CRPS
- Keeping a journal of how the pain occurs during the day and the severity of the pain during certain job duties