Kim Gale  |  September 24, 2020

Category: Legal News

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Woman holds her glasses in one hand and holds her forehead with other hand as if she has a headache
The ongoing COVID-19 pandemic has raised serious questions for countless Americans, not least of which is concerns about COVID-19 disability insurance.

Millions of people across the United States have tested positive for the novel coronavirus, and there are tens of thousands of new cases each day. According to NPR, nearly 150,000 Americans have died from COVID-19 so far. Navigating disability insurance is complicated and stressful enough, and adding a deadly global pandemic may make it seem overwhelming.

We’ve broken down some of the major questions about COVID-19 disability insurance. If you’re considering filing a disability claim, hiring an experienced disability insurance attorney may help simplify the process and ensure that your claim is as effective as possible.

Can I Get COVID-19 Disability Benefits?

The novel coronavirus is deadly, but even for those who survive, recovery may not be a simple path. Indeed, as time goes by, it becomes increasingly clear that many of those diagnosed with COVID-19 — and who have since “recovered” — continue to suffer serious, ongoing side effects, some of which may be long-term or even permanent in nature. These issues may include brain problems, lung scarring, stroke, blood clotting, heart damage, and more.

Shortly after the coronavirus came to the U.S., it was widely believed that young people were not at risk of getting COVID-19, but this has since been proven untrue, with young COVID-19 patients suffering serious complications that have necessitated surgery or even lung transplants.

Patients who spend extended periods of time on a ventilator for COVID-19 treatment may experience what is known as post-intensive care syndrome (PICS), defined by Cleveland Clinic as “a collection of physical, mental and emotional symptoms that continue to persist after a patient leaves the intensive care unit (ICU).”

In the midst of these concerns, many people may wonder if they would be able to receive COVID-19 disability benefits if they suffer long-term complications after recovering from the virus.

In many cases, coronavirus survivors will first be eligible for short-term disability benefits because of the illness itself. However, short-term benefits last only a few months and would not cover more long-term problems.

Long-term disability policies generally require workers to prove that the disability prevents them from working. Coronavirus survivors suffering some of the serious long-term side effects of the virus are likely to meet the requirements for many long-term disability policies.

What If I Have a Health Condition That Makes Me High Risk For Contracting COVID-19?

Unfortunately, people who already have existing health issues that put them at high-risk for contracting COVID-19 are also more likely to develop major long-lasting complications after recovering from the virus, including coronavirus-related heart problems. Some of these patients may even go into cardiac arrest.

This is a similar phenomenon to what’s seen in survivors of severe pneumonia, who carry an increased risk of heart disease for about 10 years after their recovery.

Experts suggest that COVID-19 patients with pre-existing conditions may face many serious health issues for many years after their recovery.

If I Am Already Receiving Long Term Disability Benefits Will They be Disrupted by COVID-19?

For those already receiving long-term disability benefits, COVID-19 may pose an issue. People on LTD benefits are required to update their insurer with information about the disability, often including things like claimant forms, attending physician statements, and updated medical records.

In the turmoil caused by the pandemic, some insurance companies may be choosing not to conduct updates at the moment. However, some insurance companies may still be requiring these updates, so it’s important to continue doing your best to send in the required updates to maintain benefits.

Can a Mild Case Cause COVID-19 Disability?

So far, any patient who has not been hospitalized for COVID-19 is lumped together with other cases that are all considered ‘mild.’

Nisreen A. Alwan, a medical writer for Nature.com and herself a survivor of COVID-19, said in an article published Aug. 11, 2020, “Ill health in those classed as ‘recovered’ is going largely unmeasured.”

She said people who have never previously experienced health issues tend to notice new problems that won’t go away. Fatigue, a feeling of a heaviness in the chest, feeling out of breath easily, fighting random muscle pain, and frequent heart palpitations are among the issues that find these ‘long-haulers’ feeling too sick to return to work full time. Others aren’t able to complete physical tasks or resume caregiving responsibilities that were part of their routines before getting ill with COVID-19.

Alwan suggests that a person who can’t function at 100 percent after many weeks of illness should not be considered to have a ‘mild’ case. When cases are divided up only as ending in death or as being mild, there’s no focus at all on the people who are continuously battling symptoms for weeks on end and how the lingering issue affects their overall health and productivity, she said.

In her own case, she was ill in March with gastrointestinal issues, chest pain, a cough and fever, but was not tested because during that time, anyone who was not in the hospital was not getting tested. At the time she wrote her article in August, she said she was continuing to experience bad days with some health problems, but then some days where she felt well enough to go for a stroll. She said she would almost always regret taking that stroll because the next day, she would be overwhelmingly exhausted.

These are the types of up-and-down symptoms that could hinder proving a long term disability claim even if one is rightly deserved.

How Do I Make a Long Term Disability Appeal During COVID-19?

Man coughing into his closed fistIn the midst of the COVID-19 pandemic, the last thing you want is to have your disability claim denied. For many, disability benefits are what keep them financially afloat. Long-term disability benefits typically provide about 60 percent of your gross monthly salary.

Even if your initial disability claim was denied, all hope is not lost. You still have the right to appeal the insurance company’s denial.

Make sure to act quickly, however, as there is typically a relatively tight deadline, and formulating an appeal and gathering evidence takes time.

The first and perhaps most important step is to thoroughly read your denial letter to determine exactly why your benefits were denied so that you are better prepared to provide the evidence the insurance company needs. You can also request that your insurer send you a copy of your claim file, which may provide insight into the company’s decision.

Then, gather your medical records and reports from your treating physicians that will directly respond to the insurance company’s denial by explaining why you are disabled. This step is extremely important, as this administrative appeal is the last chance you have to bring more evidence to your case prior to turning to litigation. Because of this, it is important to stack the administrative record with as much medical evidence supporting your disability claim as you possibly.

Should I Hire a LTD Attorney?

One of the most important parts of making an effective disability claim is medical evidence—and the coronavirus is a brand-new disease that leaves many questions up in the air. Some insurance companies may try to deny coronavirus-related LTD claims.

Filing for disability benefits can be a daunting prospect, especially in the midst of a global pandemic and wave of mass unemployment, but hiring an experienced long term disability insurance attorney may help you more effectively navigate the waters of COVID-19 disability insurance and ensure you have the best shot at being approved for disability benefits, either during the initial claim or the appeals process.

Get Help With Your Long Term Disability Insurance Appeal

If you filed a claim for long term disability insurance benefits and your claim was denied or terminated, the attorneys working with Top Class Actions can help you file for an appeal against the insurance company, which will help increase your chances of a successful appeal. 

You may also qualify for help if you are just beginning the application process or if you have already filed your appeal and haven’t received a denial letter.

Fill out the free form on this page for more information. 

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