Will Long Covid Result in an Increase in Disability Claims?

Those afflicted with long Covid (SARS=CoV-2) often experience its effects for months or even years after the initial Covid-19 infection. With over 200 symptoms and no diagnostic test or cure, long Covid has the potential to wreak havoc on the body in numerous ways, including impairment and disability.

What is long Covid?

According to a study published in June 2024 by the National Academies of Sciences, Engineering and Medicine (NASEM), long Covid is “an infection-associated chronic condition” that occurs after SARS-CoV-2 infection and is present for at least 3 months as a continuous, relapsing and remitting, or progressive disease state that affects one of more organ systems.” Although there are hundreds of symptoms attributed to the condition, long Covid frequently manifests in the following ways:

• Bloating
• Constipation
• Cough
• Difficulty concentrating
• Increased heart rate
• Issues with taste or smell
• Lightheadedness
• Memory problems
• Persistent fatigue
• Recurring headaches
• Sleep disturbances
• Shortness of breath

Long Covid can occur in those who have had an asymptomatic, mild, or severe Covid-19 infection, and can afflict those who were unaware they even had Covid. It can appear weeks or months after full recovery from an acute infection, and affect children and adults regardless of age, gender, health status, race, ethnicity, or geographic location. It may make pre-existing health problems worse or present as entirely new conditions. Long Covid can be mild, severe, or something in between, and can take months or years to resolve.

Can serious health conditions result from long Covid?

Yes, long Covid can lead to numerous serious conditions, such as:

• Anxiety
• Autoimmune disorders like lupus and rheumatoid arthritis
• Blood clots
• Cardiovascular disease and arrhythmias
• Chronic fatigue syndrome
• Chronic kidney disease
• Cognitive impairment
• Connective tissue disease
• Diabetes
• Fibromyalgia
• Hypoxemia
• Interstitial lung disease
• Migraine headaches
• Mood disorders
• Stroke

Do some people with long Covid end up disabled?

According to the NASEM study, some people with Long Covid are severely impacted and can have various activity limitations that can strongly affect their lives as well as the lives of their caregivers. The researchers documented a range of mild to severe functional impairments, activity limitations, and quality of life impacts in individuals with Long Covid.

These limitations could increase application and eligibility for Social Security disability benefits (SSDI). Here are some of the reasons why:

• Awareness and advocacy: Greater awareness and advocacy for long Covid sufferers could lead to more claims as individuals become more informed about their eligibility for benefits.
• Economic impact: As more people experience these debilitating symptoms, there may be a greater number needing financial support due to reduced work capacity or inability to work.
• Strain on the healthcare system: Increased cases of long Covid could strain healthcare systems, potentially leading to delayed diagnoses and treatments for other conditions, which in turn may contribute to disability.
• Persistent symptoms: Many individuals with long Covid experience ongoing health issues such as fatigue, brain fog, joint pain, and breathing difficulties, which can impair their ability to work or perform daily activities.
• Policy adjustments: Recognition of long Covid as a condition that impacts functional ability might lead governments and insurance companies to adjust policies to include long Covid under conditions eligible for disability benefits.

The statistics regarding long-Covid and disability are discouraging:

• According to the U.S. Department of Health and Human Services, as many as 30 percent (23 million) Americans who had Covid-19 developed long Covid symptoms.
• In 2022, the HHS declared long Covid a disability under the Americans with Disabilities Act (ADA).
• As of January 2023, the Social Security Administration had identified approximately 44,000 disability claims that mentioned Covid-19, although it was not always the main reason for the application.
• Recent research from the Brookings Institution found that long Covid has pushed an estimated two to four million Americans between 18 and 65 out of the workforce, accounting for over $170 billion per year in lost wages.

Unfortunately, many long COVID claims may be rejected because SSDI is intended for disabilities that have lasted for 12 months or longer, and many claimants have not been experiencing symptoms for long enough. In addition, there is no standard procedure for diagnosing long COVID, and the SSA has yet to issue direction on how government officials should assess COVID claims.

How can I increase my changes of getting disability benefits for long Covid?

Securing disability benefits for Long Covid can be challenging due to its variable and sometimes poorly understood nature. However, several strategies can help strengthen your case:

• Clear description of job duties: Provide a clear description of your job duties and how your symptoms prevent you from performing these duties or any other jobs, considering your skills and education.
• Compliance with treatment: Demonstrate compliance with your treatment plan to show you are taking steps to manage your condition and provide a record of what has or hasn’t worked in alleviating your symptoms.
• Comprehensive medical documentation: Regularly visit healthcare providers to ensure all symptoms and treatments are well-documented. Include records from specialists if you have seen any, such as pulmonologists, neurologists, or cardiologists, who can provide expert insights into your condition.
• Detailed symptom diary: Keep a detailed diary of your daily symptoms, how they affect your activities, and any treatments or medications you are using. This can help demonstrate the chronic nature of your symptoms and their impact on your daily life.
• Expert testimony: Consider obtaining a detailed statement from your primary healthcare provider or a specialist treating you for Long Covid. This statement should describe your diagnosis, treatment, response to treatment, and prognosis, emphasizing how your symptoms limit your ability to work.
• Legal advice: Consult with an attorney who specializes in disability claims. They can offer guidance specific to your case and help navigate the complex application process. They can also represent you in appeals if your initial claim is denied.
• Objective evidence: Include any available objective evidence such as lab tests, imaging results, and pulmonary function tests that can substantiate your claims of disability.
• Support groups and advocacy organizations: Connecting with support groups or advocacy organizations can provide additional resources and advice on applying for disability benefits.

These steps can help present a strong case that reflects the severity of your condition and the extent to which it affects your ability to work.

Long Covid can be difficult to diagnose, and without a firm diagnosis, it will be extremely challenging to obtain SSDI benefits. Failure to diagnose a medical condition or illness can also be a form of medical malpractice. If you believe you might have been the victim of delayed or improper diagnosis of long Covid, we want to help.

Call Paulson & Nace, PLLC or fill out our contact form to arrange your free initial consultation with a Washington, D.C. medical malpractice attorney today.