Author: Jason A. Newfield, Esq.
Chronic migraine is far more than just a bad headache—it is a debilitating neurological disease that severely disrupts a person’s quality of life, their ability to work, and their overall well-being. For the 39 million Americans who suffer from migraines—many of whom deal with chronic, recurrent, and intractable attacks—the impact is profound. These individuals are often left fighting not only the unrelenting pain but also long-term disability insurance companies that seek to minimize or deny their long-term disability (LTD) claims.
At Newfield Law Group, we have represented countless individuals with migraine conditions in their pursuit of LTD benefits. We understand the unique challenges faced by migraine sufferers—both in navigating daily life and in trying to demonstrate the disabling nature of their condition to disability insurers. If you are struggling with chronic migraines and your ability to work has been impaired, we invite you to schedule a free consultation to discuss how we can help.
Understanding Chronic Migraine as a Disabling Condition
Chronic migraine is defined as experiencing migraine headaches on 15 or more days per month, with at least eight of those attacks meeting the criteria for migraine. These are not “just headaches.” They are full-body assaults that can last from four to 72 hours and are often accompanied by nausea, vomiting, sensitivity to light and sound, visual disturbances (auras), and sensory impairments such as numbness or tingling.
Many of our clients experience the so-called prodrome or “pre-headache” phase—an ominous warning sign that a migraine is imminent. This may involve difficulty concentrating, mood changes, neck stiffness, or visual disturbances, such as flashes of light or blind spots. These symptoms can render even the most basic work tasks impossible.
Adding to the challenge, chronic migraine is unpredictable. The sufferer may appear “fine” one day and be completely incapacitated the next. This fluctuation in functional ability makes it particularly difficult to maintain consistent employment, especially in jobs that demand focus, communication, or tolerance of environmental triggers such as bright lights, noise, or heat.
Even with recent medications that may help with either acute treatment and with prevention, workers still are becoming impaired, unable to continue working with the condition, and needing to file LTD claims.
Why Disability Claims for Migraines Are Often Denied
Despite being recognized as a legitimate neurological condition by the World Health Organization and the American Medical Association, many LTD insurers treat migraine claims with suspicion.
Here’s why migraine disability insurance claims are challenged:
Lack of Objective Evidence
Migraines do not appear on X-rays, MRIs, or blood tests. As a result, insurance companies often challenge the severity and frequency of the condition, even when well-documented by a treating physician.
Misclassification as a Mental/Nervous Condition
We frequently encounter claims adjusters who attempt to limit benefits for migraine sufferers by misclassifying the condition under the “mental/nervous” limitation clauses. These clauses typically cap benefits at 12 or 24 months. Migraines, however, are neurological in nature—not psychiatric—and this classification can be legally challenged.
Underestimation of Functional Impairment
Insurers often underestimate the real-world impact of chronic migraines. They may suggest that if a person can do sedentary work “most days,” they are not disabled. This oversimplifies the condition and ignores the unpredictability and cumulative impact of frequent, severe attacks.
Where one’s ability to work predictably is impacted, courts have supported impairment in functionality.
Insufficient Medical Support
Some claimants do not have comprehensive documentation of their condition. Without a robust medical record that includes treatment history, migraine diaries, and functional assessments, the insurer may reject the claim outright. We advise you to go to a doctor who focuses their practice on migraine headaches, develop a treatment plan, and attend all appointments, in addition to going for any diagnostic tests recommended by your doctor. This is especially important in a migraine claim.
Real-Life Challenges of Working with Migraines
At Newfield Law Group, we have seen firsthand the lengths to which migraine sufferers go to try to remain employed. Many of our clients describe finding dark, quiet rooms at work in an effort to endure attacks without drawing attention. Others attempt to time their medication precisely, hoping to preempt the worst of an oncoming episode. Even when treatment is available, its effectiveness is limited. In fact, a treatment is considered successful if it simply reduces the number of migraines by half.
Moreover, some treatments carry their own functional burdens. Medications commonly prescribed—such as triptans, NSAIDs, or even preventive drugs—can induce fatigue, cognitive dulling, or rebound headaches from overuse. Patients are advised not to take common painkillers for any other condition if they are already using them for migraines, further restricting their options for managing other medical issues. Side effects of medications must be properly considered by insurance companies.
Building a Strong Migraine Disability Claim
Success in a migraine-related disability claim depends on more than just a diagnosis. It requires a compelling, well-documented case that demonstrates how the condition interferes with the ability to engage in work.
Here’s what we focus on when developing our claim support for disability insurance claims:
Detailed Medical Records
Medical documentation should include clinical notes from treating neurologists, migraine specialists, or headache clinics. These notes must clearly outline the frequency, severity, and symptoms of migraine attacks, as well as their impact on daily functioning.
Migraine Diaries or Logs
A headache diary is an essential tool for tracking the frequency, duration, and triggers of migraines. This contemporaneous record can be powerful evidence in showing how debilitating and persistent the condition truly is, and we can’t emphasize its importance.
Expert Medical Opinion
We work with physicians who are experienced in preparing detailed reports that align with the legal standards required for LTD claims. These reports can rebut insurer tactics that attempt to minimize the neurological nature of the condition.
Legal Strategy and Advocacy
Having litigated migraine disability claims across the country, we are familiar with the tactics insurers use. Whether it’s arguing for the correct classification of the condition or demonstrating the totality of the disability, we tailor a legal strategy to support each client’s unique circumstances.
Don’t Let the Insurance Company Diminish Your Claim
The pain of migraines is real. So is the fatigue, the disorientation, the loss of time, and the impact on every area of your life. What’s also real is the need for legal protection and guidance when dealing with insurance companies that see chronic migraine as an excuse rather than a legitimate medical issue.
At Newfield Law Group, we’ve been fighting for migraine sufferers for over two decades. We’ve helped clients secure long-term disability benefits after initial denials, and we’ve successfully overturned wrongful terminations of benefits. Our experience allows us to anticipate insurer tactics and develop the evidence and strategy necessary to push back.
Schedule Your Free Consultation Today
If chronic migraines have disrupted your ability to work, you do not have to face the disability claim process alone. Whether you are preparing to file a claim, appealing a denial, or facing termination of benefits, our firm is here to support you every step of the way.
LTD Attorney Jason Newfield and the team at Newfield Law Group are committed to helping people living with chronic migraine secure the benefits they deserve. Your condition is real. Your suffering is valid. And we are here to help you fight for your financial security and peace of mind. Leverage his two-decades of working with disabled insureds with migraines to successfully navigate your claim.
Learn more about migraines and disability claims here: https://newfieldlawgroup.com/condition/migraine-headaches/
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Each disability claim is unique, and results may vary depending on your individual situation.
