Much of the world has moved on from the constant worry about COVID-19, but there are still people who must deal with the ramifications of the virus daily.
While many people who develop the virus have mild symptoms that resolve in a few days, there are sufferers -- often called COVID long haulers -- who experience effects for anywhere from weeks to even months after the virus has left their bodies.
They often report severe fatigue, difficulty concentrating or remembering things, loss of taste or smell, or one of many other symptoms. Often, the symptoms can be so debilitating that returning to work can be impossible for them.
Long COVID-19 and disability guidelines
For long haulers who cannot work, electing for help from Social Security or long-term disability benefits seems like a logical way forward, but many are denied.
Because the guidelines are not clear when it comes to COVID-related disabilities, it can be difficult for someone to build a successful case.
Attorney David S. Bary, with Joyce and Bary Law, said a wide range of long COVID symptoms can vary in severity, frequency and duration.
“It can be challenging to establish disability when the primary symptoms are depression, cognitive deficits and chronic fatigue,” he said. “Unfortunately, many of these long-haul symptoms go undocumented by medical providers, making it difficult to prove disability.”
Bary said SSA requires objective medical evidence to establish that long-haul COVID-19 is a medically determinable impairment.
“For example, a disability claimant must provide proof of at least one of the following: a positive viral test for SARS-CoV-2, a diagnostic test (X-ray), or a diagnosis consistent with COVID-19,” he said. “The duration of the long-haul symptoms can also present challenges since a claimant must establish that the disabling condition is expected to last 12 months.”
Bary added that, while you must prove your medical impairments will keep you from working for at least 12 months, you do not have to wait 12 months before you can apply for disability benefits. He said objective medical evidence like diagnostic imaging, lab tests and breathing studies can be more important than a medical opinion. Imaging and testing can be a better predictor of the duration and severity of projected symptoms, which is a critical factor in a disability claim.
Bary said having a supportive medical providers’ opinion strengthens a disability claim, but it is not a must, as most experienced medical providers who treat long haulers are unable to speculate on when and if there will be medical improvement.
“To be clear, you do not need a statement from a medical provider stating you are disabled before filing for disability,” he said. “Sometimes SSA may not consider medical opinions, claiming that they are subjective. Medical opinions must be supported by objective findings. That’s why it’s important for claimants to follow through on any testing or specialty exams ordered by their treating medical provider. Without objective support, medical opinions will not be very helpful.”
When asked if he had words of advice for those suffering from long COVID, Bary said to be mindful of what medical provider you are choosing.
“Medical providers treating long COVID can be challenging to find,” he said. “More prominent medical universities still operate long-haul COVID clinics. If you cannot travel or afford this level of treatment, a long hauler must communicate the full extent and severity of any symptoms they are experiencing.”
Finding assistance
Bary said assisting their clients to find possible long-haul medical providers is just one way Joyce & Bary Law can aid someone seeking to prove disability from long COVID.
“Disabling impairments caused by long COVID can be pulmonary, neurological and psychological,” he said. “Our firm works diligently with our clients to ensure they document their long-haul symptoms, communicate their severity to their medical providers, and that they pursue the appropriate medical treatment.”
Joyce & Bary Law attorneys and their team work to obtain medical evidence, medical opinions and lay evidence proving their client cannot return to gainful employment.
“Our team will work to establish the severity of our client’s impairments through breathing studies, oxygen saturation levels, hospitalizations, X-rays, nerve conduction studies and neuropsychological evaluations,” Bary said. “The JBL team wants our clients to focus on their health and not be forced to spend their valuable time and energy pursuing their disability claim.”
According to Joyce & Bary Law, a substantial percentage of disability claims are denied in the initial application. For Social Security disability, denial rates are nearly 70%, and COVID-19 claims are uncharted territory. Working with a disability attorney can increase the likelihood of your claim being approved, and it costs nothing to find out if Joyce & Bary Law can help.
To speak to a Joyce & Bary attorney about your long COVID experience and eligibility for disability, click or tap here.