Tag: Disability

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J.B. Asked: Can I Appeal a Disability Insurer’s Medical Review?

“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?”

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Long COVID Patients Bring ERISA Lawsuits to Secure Disability Benefits

American employers have experienced troubling economic consequences of the coronavirus pandemic as many of their employees have become newly disabled by long COVID. In turn, some employees with long COVID have relied on the Employee Retirement Income Security Act of 1974 (ERISA) to obtain the benefits they are entitled to under their employers’ benefit plans.

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Federal Courts Uphold Reasonable Accommodations for COVID-19

Federal guidance jointly issued by the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ), along with guidance issued by the Equal Employment Opportunity Commission (EEOC), clarify when COVID-19 may be considered a disability under the ADA. For example, COVID-19 may substantially limit a major life activity for an individual when virus-related effects last or are expected to last several months.

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P.M. Asked: Can I Negotiate Remote Work as a Condition of Employment if I am Immunocompromised?

“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?”

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EEOC Issues New COVID-19 Guidance, Protecting Workers from Discrimination

On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) amended guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” In the amended guidance, the EEOC clarifies that workers with COVID-19 can be protected from discrimination under the Americans with Disabilities Act (ADA). This document expands on guidance issued by the U.S. Department of Health and Human Services (HHS) in September 2021, which included several examples of how long COVID can meet the definition of disability under federal law.

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