The Department of Health and Human Services (DHHS) has once again extended the declaration of public health emergency due to Covid-19. The earliest this could be ended is October 13, 2022.
So, how is this Social Security News? The Musculoskeletal Listings, an important part of disability determination at Social Security, contain a provision (1.00.C.7.a.) making it slightly less difficult to be determined disabled during the declared public health emergency. The Listings are still harsh. This just makes them slightly less harsh.
In my opinion, we should never go back to the pre-Covid standard.
2 comments:
Does anyone know if this impacts the DOL's Disaster Relelif Notice that affects ERISA claims?
@12:36 - Secretary of Labor has to grant that extension. Secretary can do it solely based on HHS' extension. This does not automatically extend it under ERISA section 518. The 3rd paragraph of the EBSA Disaster Relief Notice 2021-01 specifies that when HHS extends the public health emergency, the Secretary of Labor must also extend the relief. This has to be done separately or else it raises constitutional issues with the executive branch conflating authority/responsibility granted by Congress.
As far as the post, only Musculoskeletal Listings seem to have this provision. COVID survivors will still need to meet the long-term requirements for now. I could not find any other listing which has this provision and EM-21032 seems to be firm on longitudinal evidence for it.
Just seems odd for this listing since many other listings would seem to benefit more from not having to endure possible exposure to treatment in an environment where they risk exposure to COVID. That, or the administration greatly exaggerates the need for longitudinal evidence for this listing.
Post a Comment