Over 50 Years of Combined Experience Against Insurer Denial

Migraine Disability Lawyer Calgary

The attacks are unpredictable. The insurer’s denial strategy is not.

  • Living with chronic migraines or headache disorders that prevent you from returning to work?
  • Submitted a long-term disability claim and received a denial letter?
  • Benefits were approved, then terminated once the insurer re-evaluated your file?

Because migraines lack objective findings on scans, insurers often dispute their severity and frequency. We use our decades of experience on both sides to identify exactly where the defense’s interpretation of your capacity falls short.

Same-day response on business day inquiries.

Ludwar Law - Migraine Disability Lawyer Calgary Alberta

Migraines don’t look disabling on good days. That’s where claims unravel.

James brings 30 years of experience building disability claims, while Mark offers nearly 20 years of insight from his time defending them for a major Canadian insurer. This combined perspective allows us to identify procedural errors and medical oversights that others might miss.

50+ years combined experience
97% success rate*
1,000+ Disability
Claim Files
Same-day response

*Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances.

LTD for Chronic Migraines

Chronic migraines and severe headache disorders are recognized as disabling conditions under most Canadian disability insurance policies. Migraine disability Canada claims require more than a diagnosis since a diagnosis alone does not establish a claim. The file must connect the frequency and severity of attacks to a specific inability to sustain employment.

What you need to know:

Migraine Symptoms Relevant to a Disability Claim

The Documentation Gap

Keeping a detailed record of migraine frequency, severity, migraine triggers, and the functional impact of each attack is one of the most important things a claimant can do. Insurers deny headache disability claims not because the condition is illegitimate but because the file does not connect the pattern of migraine attacks to a specific inability to sustain employment. That documentation problem is the one our file review process is built to address.

Two Points Where Migraine Disability Claims Are Denied or Cut Off

Denied at the Point
of Application

Insurers often deny migraine claims by citing a lack of objective imaging. Because chronic headaches are variable, with functional days followed by total incapacity, insurers frequently use those good days as evidence of work capacity rather than acknowledging the cumulative impact of the condition.

 

We begin with the denial letter to identify precisely where the insurer’s process failed:

 

  • How they interpreted the frequency and duration of your attacks.
  • Addressing claims of insufficient treatment or severity.
  • Challenging the use of variability as proof of fitness for work.

Terminated at the Two-Year Definition Change

At the two-year mark, the policy definition of disability typically shifts to Any Occupation. Insurers use this milestone to conduct new assessments, often relying on independent medical exams and vocational reports, to justify a termination of benefits.

 

This stage accounts for roughly 80% of our cases because it is where insurer errors accumulate most consistently. We investigate:

 

  • Whether the identified comparable roles are realistic for a migraine sufferer.
  • How the insurer failed to account for unpredictable triggers.
  • Addressing the inability to meet the reliability standards any reasonable employer would require.

Same-day response on business days.

From Denial Letter to Resolution

01

Initial Consultation

Your denial letter, policy, and medical history are reviewed to determine whether there is a viable case worth pursuing. We respond the same business day.

02

Document Collection

Your complete claim file is requested from the insurer, including internal decision records and the medical assessments they relied on.

03

File Review

We identify errors and improper assessments in how the insurer handled your claim. Insurers make mistakes: relying on assessments from non-physicians, misapplying policy provisions, disregarding your treating doctor’s findings. These errors can mean additional damages beyond reinstated benefits.

04

Statement of Claim

If the case proceeds, a lawsuit is filed to recover benefits and pursue additional damages for improper claims handling.

05

Discovery

Both sides exchange documents and conduct questioning. Independent medical examinations that contradict your treating physician are challenged at this stage.

06

Mediation

Most cases settle here. Approximately 80 percent resolve within 18 to 24 months. Settlement amounts depend on policy terms, benefit calculations, and insurer conduct.

07

Trial

If settlement is not reached, the case proceeds to trial. Outcomes depend on the specific facts, medical evidence, and policy language in your case.

We know how they think.

A migraine diagnosis starts a headache disability claim, but its outcome depends on precisely linking the migraine’s frequency and severity to an inability to sustain employment, and the procedural soundness of the insurer’s assessment. Our review addresses both.

Plaintiff Advocacy Meets Defence Intelligence

  • Insight into how insurers assess chronic migraine disability risk
  • Recognition of procedural errors other counsel may not identify
  • Assessment of grounds for aggravated, mental distress, and punitive damages

In-Person Throughout Your Case

  • Face-to-face meetings available at any stage of the file
  • Same-day response to calls and emails on business days
  • Serving Calgary, Alberta, and Saskatchewan

We Fight for the Full Value of Your Claim

  • Review for aggravated, mental distress, and punitive damage grounds
  • Prepared to proceed to trial if reinstatement of benefits requires it
  • Your decision on resolution, made with complete information

Migraine Disability Claim FAQs

Is migraine a disability in Canada?

Yes. Migraines and headache disorders are recognized as disabilities in Canada when they prevent a person from performing their job duties under most disability insurance policies. Is chronic migraine a disability under your specific policy? That depends on the contract language and the medical evidence on file, which is where any review begins.

It can, provided the medical evidence documents how the frequency and severity of migraine attacks prevents sustained employment and connects that impairment to the policy definition of disability. Headache disability claims are frequently denied initially despite valid symptoms and treating physician support. That denial is a position, not a final determination.

The most consistent reasons are insufficient objective medical evidence, treatment gaps, independent medical examinations that downplay the frequency and severity of migraine attacks, and arguments that the claimant can perform alternate work on days when migraines are not active. Each of these grounds can be challenged in litigation.

Keeping a detailed migraine journal recording the frequency, duration, severity, and migraine triggers of each attack, as well as the functional impact on daily activities and work, is one of the most useful steps a claimant can take. The file also needs clear documentation from treating physicians explaining how migraines affect the ability to meet occupational demands consistently.

Many policies change from own occupation to any occupation disability after 24 months. Insurers use this definition change to terminate benefits, arguing the claimant can perform alternate work. For chronic migraine sufferers, this assessment frequently fails to account for the unpredictable nature of migraine attacks and the attendance demands of any reasonable employment.

Most cases settle within 18 to 24 months through mediation. Complex cases or those requiring trial take longer. Reinstatement of ongoing benefits typically requires trial preparation rather than a negotiated lump sum.

Call Ludwar Law at (403) 670-0055. We will review your denial letter, your policy, and the basis for the insurer’s decision. We serve clients in Calgary, across Alberta, and in Saskatchewan. We respond the same business day.

Migraines are unpredictable. Our review process is not.

Because migraines lack findings on scans, insurers often use days of high function to dispute the overall severity of a claim. We use our 50 years of combined, dual-perspective experience to audit these denials and challenge the medical conclusions used to justify a cutoff.

Calgary-based
Serving Alberta and Saskatchewan
Same-day response on business days

Person consulting with a disability lawyer at Ludwar Law in Calgary

Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances. This page is for informational purposes only and does not constitute legal advice.