Social Security has issued an Emergency Message telling its staff to start flagging disability claims where Covid-19 is alleged as an impairment. They're not giving any instructions on how to adjudicate the cases. For now, they just want to track them.
We'll see how common disability claims as a result of Covid-19 will be. Thus far in my practice, I have clients who have had Covid-19 but none who have suffered long term consequences as a result of the infection. I've not taken on any new clients alleging Covid-19 as an impairment. I haven't heard from other attorneys who have. It's still early, though. There may be cases coming but those affected are still hoping they'll get better. Remember, there's a 12 month duration requirement in the definition of disability that Social Security must use. You can be very, very sick but still recover in less than 12 months.
5 comments:
I guesstimate I've signed up about 8 - 10 clients so far with covid residuals as significant impairments. Most had underlying respiratory issues before that were made worse by covid. A couple had heart damage. I've had numerous clients who left work due to covid, recovered, and did not return to work due to lack of employment opportunities and other underlying health issues. I think that's the more common scenario we'll see as the months go forward. I practice in MI that was hit pretty hard early in the pandemic so I probably see more potential clients that have been affected by covid. I bet those practicing in NY or NJ can attest to the same.
@10:30
While I haven't signed anyone up specifically due to COVID issues, back when the Swine Flu (H1N1 Flu) hit hard a few years ago, I did have a few cases where underlying respiratory issues were significantly, and permanently, exacerbated even after they were "cured" of the flu. So that makes complete sense what you are saying.
https://nypost.com/2020/12/09/health-worker-discharged-after-9-months-in-hospital-with-covid-19/
Likely not the only one. Key issue is how underlying conditions plus covid escalate health issues.
Many SSD claims overlap w/ private short or long term or individual disability plans, policies. May I suggest that you explain what "comorbidities" means to your clients as SSA's forms leave more space for thorough answers than insurance claim forms do. (My private claim clients attach statements; they do not restrict themselves to little boxes.)
If you use medications schedule and side effects for SSDI claims, suggest your client submit same to insurer. Likewise with 3rd party statements, "other" medical (eg regarding COVID even though claim was for back, for back even though claim was for COVID...), vocational history, MMS's, etc.
The claims are not mutually exclusive. If claimant has a 6 month elimination on short term claim, that is about when he may come to us to file T2. Insurer may consider RTW scenarios and not transition him to long term claim. The support of co-morbidities may thwart this effort, as well as the support of a solid T2 app filed timely.
If you know claimant has medical records to support T2 or LTD, ensure they are submitted; don't rely on the insurer or SSA to obtain them. The outcome is more likely to be in your clients' favor if you know, even generally, what each has obtained or been sent.
Happy holidays. Stay safe!
I have taken on a client who is hearing impaired, and was able to work until people began wearing masks. Of course this may not be permanent, but it will probable last 12 months.
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