Long COVID and Disability Insurance Claims
Part II

Our previous post looked at the symptoms and diagnosis of long COVID, which may lead to the need to file a disability insurance claim.  While long COVID can now be considered a disability under the Americans with Disability Act (ADA), your disability insurer may not recognize long COVID as a disabling condition (in fact, some newer policies are being issued with a “post-viral syndrome” limitation).

Part of the reason insurers have been successful in avoiding paying out claims based on long COVID is that there are no tests to diagnose post-COVID conditions.  According to the CDC[1], post COVID’s symptoms could be attributable to other health problems.  Further, results from blood tests, chest x-rays, and electrocardiograms may be normal. For example, many symptoms reported by long-haulers can mimic those of chronic fatigue syndrome, another condition that is notoriously hard to prove up, and one which may be subject to a subjective conditions limitation found in some disability insurance policies.

When filing a disability insurance claim for long COVID, it is important to have a supportive physician(s) who can document both symptoms and a diagnosis in medical records.  Your physician(s) will also likely need to submit ongoing paperwork to your insurer, to continue to document your condition, throughout the duration of your claim.  It may also be necessary to submit additional evidence backing up your claim.  This could include a functional capacity examination (FCE) or neuropsychological exam—both of which can be used to demonstrate any limitation you may be experiencing that prevents you from working in your profession.

If you are suffering from long COVID and feel that you might need to file a claim, please feel free to reach out to one of our attorneys directly.

These posts are for informative purposes only and should not be used as a substitute for consultation with and diagnosis by a medical professional. If you are experiencing any of the symptoms described above and have yet to consult with a doctor, do not use this resource to self-diagnose. Please contact your doctor immediately and schedule an appointment to be evaluated for your symptoms.

[1] Long COVID or Post-COVID Conditions, Center for Disease Control and Prevention, updated June 17, 2022

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