What’s Considered a Disability When It Comes to Long COVID, and Do You Qualify?

What’s Considered a Disability When It Comes to Long COVID, and Do You Qualify?

For most people catching COVID-19, the virus is a short-term ordeal — although a miserable one. But for others, symptoms can linger for weeks or months after the initial infection. This condition has come to be known as “long COVID,” causing severe effects on both the people suffering from it and their families.

While we do not yet know why some people come down with long COVID and others do not, help is available to those suffering from the long-term effects of the disease. The federal government has held that long COVID can be classified as a disability under the Americans with Disabilities Act (ADA). This may allow you to claim disability benefits for your illness.

To learn more about long COVID, potential disability benefits, and how an Oklahoma disability lawyer can help you claim these benefits, contact the Social Security disability lawyers at Ryan Bisher Ryan & Simons today.

Symptoms of a Long COVID Disability

Some of the common symptoms of long COVID include the following:

  • Chronic fatigue or tiredness
  • Difficulty focusing or concentrating, known as “brain fog”
  • Chronic shortness of breath or trouble breathing
  • Consistent headaches
  • Feelings of dizziness or vertigo when standing
  • Rapid heartbeat, also known as heart palpitations
  • Chest pain
  • Persistent cough
  • Muscle or joint pain
  • Depression or anxiety
  • Fevers
  • Loss of sense of smell or taste

Some symptoms of long COVID are less common but extremely dangerous. For instance, some people with long COVID suffer damage to their organs or circulatory system. Many require the ongoing use of oxygen. If you believe you are experiencing long COVID symptoms, talk to a doctor right away.

Factors that May Increase Your Chances of Developing Long COVID

Scientists are still working to determine what factors increase the risk of developing long COVID after the initial illness. Based on information from the National Institutes of Health, the New York Times, the scientific journal Nature, and The BMJ, some apparent risk factors for long COVID include:

  • Age, particularly those older than 30
  • Gender, as women seem to be more likely to develop long COVID than men
  • Having a prior disability before being infected with COVID-19
  • Certain pre-existing medical conditions, such as mental health disorders, heart disease, respiratory conditions, Type 2 diabetes, and high blood pressure
  • The presence of autoantibodies that attack the body’s own tissues instead of foreign matter
  • Having reactivated Epstein-Barr virus after a prior infection
  • The amount of COVID-19 virus RNA in a patient’s blood during the early infection period

Consequences of Suffering from Long COVID

The effects of long COVID vary, but they can cause the following:

  • Lung damage – Damage to the lungs can impact a patient’s respiratory functions for the rest of their life and limit their ability to work and care for themselves.
  • Heart damage – Long COVID can cause heart inflammation and other harmful effects. This damage can lead to serious medical conditions such as blood clots, abnormal heart rhythms, fluid build-up around the heart, and even heart failure.
  • Kidney damage – The kidneys are crucial to filtering waste and toxins out of the body. Damage to the kidneys disrupts these functions and may require dialysis treatments.
  • Brain damage – Long COVID can cause permanent cognitive and behavioral changes.
  • Circulatory problems – The circulatory system is responsible for pumping blood and oxygen through the body. Any damage to this system can have serious health implications.
  • Mental health disorders – Long COVID can cause certain patients to develop mental health conditions such as anxiety and depression, either because of their severe symptoms or as a direct consequence of the infection itself.

Long COVID Is Now Considered a Disability Under the Americans with Disabilities Act

Social Security disability benefits are meant to help people with terminal illnesses and disabilities that have lasted or are expected to last at least 12 months. While most COVID-19 cases do not meet this definition of disability, long COVID cases can. To be considered a disability, your long COVID or its symptoms must significantly limit one or more major life activities.

The Biden Administration is moving to extend SSD coverage to those suffering from disabilities after COVID. However, you still need to meet the Social Security Administration’s definition of disability to qualify and go through the standard disability application process. The process is complicated, and any error can impact your claim. You should seek help from an experienced Social Security attorney and apply for long COVID disability benefits as soon as possible.

What Rights Are People Suffering from Long COVID Entitled To?

According to the Department of Health and Human Services, those deemed disabled due to long COVID have several rights under the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Affordable Care Act. These rights include:

  • The chance to apply for and receive Social Security disability benefits, provided you meet the Social Security Administration’s definition of being disabled
  • The right to certain accommodations if you are a student, such as receiving additional test time if you have trouble concentrating
  • The right to certain accommodations at businesses, such as the right to sit down without losing your place in line if you are too tired, help at gas stations if you cannot pump your own gas due to muscle or joint pain, and a service animal to maintain your balance if you experience dizziness when standing

Depending on your specific symptoms and the extent of your disability, you may be entitled to additional protections or accommodations at work or businesses. An attorney can explain your rights if you qualify as disabled due to long COVID.

Contact an Oklahoma Social Security Disability Lawyer to File Your Long COVID Disability Claim

Applying for Social Security disability benefits for long COVID is a long, complicated process. People who do not work with an attorney may be denied receiving the benefits they need. Contact Ryan Bisher Ryan & Simons today to learn how our Social Security disability lawyers can help you apply for long COVID disability benefits.

We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.