Covid-19 has affected everyone, but there are certain patients who have survived Covid-19 who are still suffering drastic and debilitating health issues, even after the initial phase of Covid should have run it’s course. These individuals are suffering from consistent breathing problems, “brain fog”, fatigue, and nausea. The symptoms that these individuals are suffering from are real, but the long-term effect that these symptoms will have on a patient are largely unknown. The main reason for this is that the disease, Covid-19, is relatively new. To apply and receive a favorable social security disability decision, you must have a condition which has lasted, or is expected to last one year or more. With Long Covid, most individuals still have not had the virus for a one year period. Does this mean that they can not use the condition to apply for Social Security Disability benefits? No, they can still apply, but the arguments for a favorable need to be sound in light of the novel nature of the disease.

The key to a favorable Social Security Disability case is providing the proper evidence, getting the right functional capacity statements, and articulating the symptoms impact on your day to day life. More than ever, Long Covid patients need to have a strong case to get a favorable decision. As with any case, new medical conditions are less likely to be approved for disability benefits because the medical evidence is not a settled level of prognosis on the longer lasting effects of the individuals. One symptom that should be explored is in relation to the frequent comparison to the medical condition myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS). This condition is similar to those suffering from Lyme disease or Mononucleosis. Those suffering a experiencing a severe fatigue that makes the patient unable to physically exert themselves to perform the work needed at all levels of exertion. This is especially true for light levels of work and above. When the fatigue is coupled with “brain fog”, this makes skilled positions untenable for those suffering from long covid.

What should you do if you can’t work and are suffering from Long Covid? If you feel comfortable applying on your own for disability, you should contact you local Social Security Disability Office and file a disability claim. If you have been working for a period of time prior to becoming disabled, you should apply for Title 2 disability, if you haven’t worked prior to becoming disabled, then apply for a Title 16 claim. If you are unsure if you qualify for one or the other, apply for both. If you are denied, find an experienced Social Security Disability attorney to appeal you case for you and ensure that you are presenting the best case possible for a new type of case. Please contact us at the Law Office of Jonathan W. Cole to assist you with your Social Security Disability Claim. (708) 529-7794

Jonathan Cole

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