A recent study published in the prestigious Journal of the American Medical Association (JAMA) revealed that remote cognitive behavioral therapy (CBT) can be helpful for severe pain management. The study also reported that of the 2,331 participants, those who received therapy via phone or video calls achieved a measurable improvement from their pain severity in three months compared with usual care. Those benefits lasted at least a year, and the 3 month program outcome was better when there was a coach, as opposed to when the therapy was done online without a coach’s involvement.
The conclusion is that CBT teletherapy can work for people with high impact chronic pain, even better than traditional care. The study was conducted to inform the treatment community of the value of remote treatment. Despite the benefits of CBT skills training interventions first before turning to medication treatment, they are not widely available.
What does this mean for sufferers of chronic pain with long term disability claims?
An insurance company seeking a reason to deny or delay a claim could use it to require the chronic pain sufferer to enroll an on-line cognitive behavioral therapy program before deeming them disabled to satisfy the care and treatment provisions in the policy. The challenge will be to locate a source for the therapy program, as the study also found there are not a lot of resources for this kind of therapy.
While telehealth has made life easier for many people, pain management is a highly individualized medical problem. Something that works for one person may not work at all for another. Telehealth is not the same as being in the same room and seeing the entire person’s body response to pain management modalities. While CBT may work in some instances, in-person care may yield more benefits for a claimant than remote.
Another concern about this study is the possibility that a claimant whose pain management is best treated with medication shouldn’t have to wait until they undergo remote CBT to have their pain alleviated. Living with chronic pain, regardless of the source, is debilitating and causes people to be unable to work and to enjoy a fulfilling life.
Chronic pain is one of the most difficult long term disability claims to obtain. LTD companies consider pain to be a subjective disability and not all pain can be measured objectively. The long term disability insurance company will first push back on pain claims and require more than the usual level of medical records, diagnostic tests and treatments.
Newfield Law Group has seen insurance companies deny claims when the amount of medical evidence was detailed, extensive and supported by many tests—yet the very use of the word “pain” in the claim application was enough to flag the claim for a denial.
Long term disability insurance companies also like to change claim categories to their benefit. Living with chronic pain definitely has a mental health component. Claimants often require talk therapy or medication for depression or anxiety occurring as a direct result of living with intense and unrelenting pain.
LTD insurance companies are known to attempt to use the doctor’s notes indicating the person has become depressed or anxious. The initial condition is not depression or anxiety, it is chronic pain. But this is a long-standing strategy by the LTD insurance company to minimize its exposure.
How can you protect your claim?
If your diagnosis is chronic pain and you are considering filing a long term disability claim, be prepared for the insurance company to request a considerable amount of documentation. There will be questions about treatment, diagnostic tests and objective evidence of pain.
Expect questions about medical treatment. If you have been suffering with the pain, for instance, and not going to regular doctor’s appointments, a lack of ongoing treatment can be used as proof that you’re not in as much pain as you claim. Even if all your doctor is doing is monitoring your chronic pain, you want to go to each and every appointment.
An experienced long term disability insurance attorney is crucial because of the challenges of proving the presence of severe pain and the potential issues that arise. You are invited to contact Jason Newfield for a free consultation. Getting approved for long term disability benefits can be challenging and the stakes are high. Learn more about your claim, your insurance company and what you can expect through a free phone call.
