Posts

Can I Appeal a Disability Insurer’s Medical Review?

August 5, 2022

“I have long COVID and I recently filed a claim for disability insurance benefits through my workplace disability policy. The insurance company relied on a clinician’s review of my medical records to deny my claim. The clinician is employed by the insurance company, they never examined me in-person, and they do not specialize in a field of medicine relevant to my long COVID symptoms. Can I appeal the insurance company’s decision?”

Pandemic Patients Launches COVID-19 Advocacy Center

August 4, 2022

Our COVID-19 Advocacy Center provides opportunities for individuals who want to take an active role in pushing for change among the state legislatures and Congress.

Biden Administration Releases Long COVID Reports to Support Patients and Researchers

August 3, 2022

On August 3, 2022, the Biden Administration announced the release of two reports on long COVID: the first report provided a summary of existing government programs that are available to support long COVID patients and the second report established a framework for future research on long COVID. These reports are the result of an executive order that President Biden issued in April, which required the federal government to undertake an inter-agency effort to address long COVID.

Long COVID Patients Bring ERISA Lawsuits to Secure Disability Benefits

July 14, 2022

Some employees with long COVID have invoked ERISA’s statutory protections to secure their eligibility for short-term and long-term disability insurance benefits after their plan administrator wrongfully denied them.

FMLA Shields Long COVID Patients from Workplace Retaliation

July 11, 2022

For some people, COVID-19 can cause severe illness, which can qualify as a serious health condition under the FMLA. Unfortunately, some employers have not respected the FMLA rights of their employees, which has resulted in several lawsuits being brought on their behalf.

Can My Employment be Terminated While I am on Disability Leave for Long COVID?

July 2, 2022

“I have long COVID and I am currently on disability leave. I just found out that my employer has terminated my employment. Is this disability discrimination?”

Pandemic Patients Submits Testimony in Support of CA AB 2098

June 20, 2022

On June 20, 2022, Pandemic Patients submitted testimony in support of California Assembly Bill 2098 (AB 2098). If enacted, AB 2098 would include the dissemination of misinformation or disinformation about COVID-19 in the definition of unprofessional conduct.

Federal Courts Uphold Reasonable Accommodations for COVID-19

June 7, 2022

COVID-19 may be considered a disability under the ADA when it substantially limits a person’s major life activities. If an employer denies a disabled employee’s request for a reasonable accommodation, it may give rise to a disability discrimination lawsuit.

Federal Courts Confront COVID-19 and Disability Discrimination

June 7, 2022

The coronavirus pandemic has temporarily or permanently disabled millions of Americans, which has resulted in several lawsuits with outcomes that rest upon whether COVID-19 can be considered a disability under the ADA.

Can I Negotiate Remote Work as a Condition of Employment if I am Immunocompromised?

May 20, 2022

“I am immunocompromised and thinking of switching jobs. Because of my compromised immune system, I need to work remotely during the coronavirus pandemic to avoid exposure to COVID-19. My current employer allows me to work remotely as a reasonable accommodation, but I don’t want to move to another job if they will not provide it. How can I negotiate remote work as a reasonable accommodation from a prospective employer as a condition of employment?”