By Eric Shore, Personal Injury and Disability Attorney | Practicing since 1994 | Serving Pennsylvania, New Jersey, and Florida
Migraine keeping you out of work? Your claim may have more value than you think. Call 1-800-CANT-WORK. Free consultation. You pay nothing unless we win.
Yes. Chronic migraine can qualify for long-term disability benefits. If your migraines are frequent, severe, and well-documented, you may have a real claim — through a private LTD policy, SSDI, or both.
The problem is that migraine is invisible. No X-ray. No scan that shows the pain. Insurance companies call it subjective. They say you can push through it. They look for any reason to deny your claim.
I’ve been handling disability claims for over 30 years. Here’s what you need to know.
Episodic vs. Chronic Migraine
The International Headache Society defines chronic migraine as 15 or more headache days per month, with at least 8 meeting migraine criteria, for at least 3 months. Below that threshold, insurers often argue you can work around the attacks. At or above it, a well-documented claim becomes much harder to dismiss.
Episodic migraine can still qualify — but it takes more work to build the case.
How Insurers Evaluate Migraine Claims
LTD insurers want proof that your condition prevents you from doing your job consistently. For migraine, that means showing:
- Your attacks are frequent enough that you miss too much work to stay employed
- The severity prevents you from performing essential job functions during an episode
- The recovery phase adds additional hours or days of impairment
- Treatment has not adequately controlled the condition
Most LTD policies start with an own occupation standard. After about 24 months, many switch to any occupation. That switch is where a lot of migraine claims run into trouble.
What Documentation Actually Helps
- Headache diary. Track attack dates, duration, severity, symptoms, and how each episode affected your ability to work. Months of consistent data matter.
- Physician statements. Your neurologist needs to explain what you can’t do — not just list the diagnosis. Notes should address your ability to concentrate, tolerate light and noise, and maintain regular attendance.
- Treatment history. Document every preventive medication, acute treatment, Botox injection, and nerve block tried. Insurers are more receptive when the record shows you’ve tried to get better.
- Employment records. Missed workdays, FMLA paperwork, and attendance records help connect your condition to your inability to work.
What About SSDI?
Migraine isn’t on Social Security’s official listing of impairments, but it can still qualify. Social Security looks at your age, education, work history, and functional limitations to determine whether any jobs exist that you can reliably perform. With 15 or more debilitating headache days per month, plus recovery days, the math on full-time employment often doesn’t work — if your medical record reflects it.
Most LTD policies also require you to apply for SSDI. If approved, the insurer may offset your LTD payment by that amount. Understand how the two programs interact before you file.
The Bottom Line
Chronic migraine is a disabling condition. The medical community recognizes it. Courts recognize it. Insurers are in the business of managing costs — not paying claims. Your job, or your lawyer’s job, is to build a record that’s too well-documented to deny.
If you’re dealing with a denial, an appeal deadline, or just figuring out whether you have a claim, my team can help. We handle LTD and disability cases in Pennsylvania, New Jersey, and Florida. No fee unless we win.
Have questions about your chronic migraine disability claim? Call 1-800-CANT-WORK for a free consultation. Visit 1800CANTWORK.com or email contact@ericshore.com
Eric Shore is a personal injury and disability attorney at the Law Offices of Eric A. Shore. He has been representing injured and disabled clients since 1994. The firm has recovered more than $250 million for over 40,000 clients across Pennsylvania, New Jersey, and Florida.
