The problems of getting Social Security Disability with Long Haul Covid
The Social Security Administration has not given much guidance with regard to Long Covid or Long Hauler cases. In fact, they have not released any new guidance in over a year. They still require a positive test for Covid to be considered for Long Covid. Many people never took tests at a pharamcy or a doctor or hospital or clinic because there was a lack of testing available. Many people just take a home test and do not report it anywhere. Does that mean Social Security should not look at Long Haulers for these people. I hope not, that would be a travesty. The Social Security Administration, as usual, has not done enough to give guidance with Long Haul Cases. It is time they give the people working for the Social Security Administration updated guidance based on the facts today.
Social Security has released an emergency message giving its employees some guidance on how to handle applications that allege "post-COVID conditions." This message is not a medical "listing" or ruling, and doesn't discuss in depth how the agency will determine whether someone unable to work due to post-COVID syndrome is eligible for benefits. For the most part, the agency says it will use its current listings and rules to analyze the condition, but it did comment on a few issues.
Before it will consider long COVID as a disabling impairment, Social Security must be able to establish it as a "medically determinable impairment," or MDI. An MDI must be established by "medical signs" and laboratory findings rather than a patient's subjective complaints alone. To find an MDI, Social Security needs to see one of the following:
1. a positive viral test for SAR-CoV-2 (not an antibody test)
2. a diagnostic test consistent with COVID (for example, a chest x-ray), or
3. a diagnosis of COVID with signs consistent with COVID (for example, fever and cough).
If the evidence indicated a false positive viral test, Social Security won't count it.
The COVID-related impairment must prevent the claimant from working for 12 months, but Social Security will consider more than just long COVID symptoms in considering the duration. If COVID causes a new MDI, such as kidney disease, or makes an existing MDI worse, such as COPD, that would help meet the 12-month requirement. If it's unclear whether or when the long COVID symptoms will resolve, Social Security could defer a decision on a claim for several months.
Physical symptoms. For post-COVID syndrome, there are various listings that the agency could look at, depending on the claimant's symptoms. Many long COVID sufferers have physical symptoms that fall into five categories:
-fatigue and endurance issues, very similar to what happens in myalgic encephalomyelitis (ME) more commonly known as chronic fatigue syndrome (CFS). ME/CFS can be triggered by viral infections. Many people with post-COVID symptoms also report having insomnia, which can lead to fatigue.
-malfunctioning of the autonomic nervous system, as in postural orthostatic tachycardia syndrome (POTS). POTS can cause fainting and dizziness after standing or sitting up as well as tachycardia, a fast heartbeat.
-long-term respiratory difficulties, similar to those with scar tissue from pneumonia or acute respiratory distress syndrome (ARDS).
-cardiovascular problems from lasting damage to the heart muscle (cardiomyopathy), potentially causing congestive heart failure (CHF), or myocarditis leading to arrhythmias or chronic pulmonary hypertension.
-musculoskeletal aches and pains, such as muscle or joint pain caused by myositis (muscle inflammation), myofascial pain (pain and tenderness in muscle fascia), or "reactive" arthritis.
Cognitive and mental symptoms. The majority of COVID long-haulers report problems with memory and brain fog—difficulty thinking and concentrating—sometimes in addition to headaches or loss of the sense of smell or taste. Doctors think at least some of these cases are caused by encephalitis (inflammation of the brain due to viral infection). The cognitive problems people experience are similar to those that people have reported after encephalitis stemming from Lyme disease, another illness with a post-viral syndrome.
Social Security could use the listing for neurocognitive disorders (12.02) to evaluate long-COVID sufferers who are experiencing cognitive difficulties. Those who have both physical and mental problems could try to "equal" the listing for traumatic brain injuries.
Long-haulers who were ventilated or hospitalized with severe COVID may suffer from what's known as post-intensive care syndrome (PICS). Patients with PICS often suffer from long-term muscle weakness, fatigue, cognitive deficits, and/or mental health issues like anxiety or depression. Sometimes these conditions are severe enough to qualify for disability.
Keep going to your doctor or specialists to document your symptoms and how your limitations keep you from leading a normal life or being able to work. Get a diagnosis, not just of post-COVID syndrome, but of the underlying mechanisms that are making you sick. For instance, if you're having respiratory issues, get referred to a pulmonologist who can give you lung function tests. If you're fainting after prolonged sitting or standing, or you have chest pain, get a referral to a cardiologist. If you are exhausted after the least bit of activity (known as "post-exertional malaise"), you should probably see a rheumatologist. If you're having cognitive issues, be sure to get a neurological evaluation before applying for disability benefits.
If you need help applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 22 year's experience with Social Security Disability cases. I handle cases all over the United States.
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