Tag: Disability

L.B. Asked: Does Workers’ Compensation Cover Long COVID?

“I was exposed to COVID-19 at work several months ago. Because I only experienced mild symptoms, I didn’t file a workers’ compensation claim. I have recently started experiencing symptoms of long COVID, including chronic fatigue and cognitive impairment, and I am not unable to work. Can I file a workers’ compensation claim?”

Continue Reading...

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?”

Continue Reading...
Pandemic Patients main logo.

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.

Continue Reading...
Pandemic Patients main logo.

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.

Continue Reading...