Markham & Toronto LTD Lawyers Advising on Long COVID Claims

Post-COVID, Long COVID, Long-Haul COVID. It doesn’t matter what it’s called, and it doesn’t matter if you ever tested positive.

Post-COVID conditions (PCC) may be new to medical professionals, but the skills and strategies for proving LTD claims based on PCC are not new to the team at Mulqueen Disability Law.

Diagnosing long COVID / post-COVID conditions

Doctors may struggle to diagnose the condition and then to find effective treatment to manage symptoms and conditions, and ultimately, to help you regain your functioning.

To diagnose post-COVID conditions, doctors usually conduct a thorough medical evaluation, which may include:

  • Medical history: A review of your symptoms, medical records, and any previous health conditions.
  • Physical examination: A comprehensive physical examination to assess your vital signs, organ function, and neurological status.
  • Diagnostic tests: Depending on your symptoms, your doctor may recommend multiple tests such as bloodwork, imaging, lung function tests, or cardiac testing.
  • Specialist referrals: Your doctor may refer you to specialists, such as pulmonologists, neurologists, cardiologists, rehabilitation specialists etc., for further evaluation and treatment.

If you are experiencing persistent symptoms after recovering from COVID-19, it is important for your health but also for your LTD claim to discuss them with your healthcare provider, who can keep an ongoing record and also guide you in determining appropriate treatment.

Common reasons for denial of LTD claims for Post-COVID Conditions

Disability claims for post-COVID conditions may be denied for many of the same reasons that other invisible conditions are denied – no “objective” evidence. One more reason is that these conditions are relatively new and there is still a lot that is unknown about them. This can make it difficult to establish a clear diagnosis and demonstrate the extent of the disability, which can lead to denials of claims.

Additionally, some post-COVID conditions may be difficult to blame solely on the virus, as many people who have been infected with COVID-19 have other health issues or have pre-existing conditions that may contribute to their symptoms. PCC claims may also be denied because the symptoms of post-COVID conditions can be varied and may not fit into a clear category or diagnostic criteria. This can make it challenging to demonstrate the extent of the disability and its impact on your ability to work.

Finally, insurance companies may be motivated by financial considerations, as paying out disability claims can be expensive. Insurers may use a variety of tactics to deny claims, such as requiring extensive documentation, questioning the validity of the diagnosis, requiring “objective” evidence (like positive test results) or requiring multiple appeals.

Proving disability due to Post-COVID Conditions is difficult, but not impossible.

Clients are often relieved to know that even without a positive COVID test, you can successfully claim long-term disability and other disability benefits. Proving claims for post-COVID conditions is much the same as proving claims for other invisible disabilities.

Some tips for proving disability claims based on post-COVID conditions include:

To prove a long-term disability (LTD) claim based on long COVID, you need medical evidence that demonstrates that you are suffering from symptoms that are severe enough to prevent you from working. This documentation can come from a healthcare provider who has been treating your condition and should include information about the nature of the symptoms, the severity level, and how long they expect the symptoms to last. Often the progress is “unknown” when it comes to post-COVID conditions.

In addition to medical documentation, it may be helpful to keep careful records of your condition and how it affects your ability to work and to do your daily activities. This could include details about missed workdays, difficulties performing job duties, any accommodations, difficulties at home performing housekeeping and personal care tasks.

To be eligible for LTD benefits, you must demonstrate that you are “totally disabled,” meaning you are unable to perform your occupation and possibly any gainful occupation. This can be a high bar to meet, and so it is important to be thorough in documenting all symptoms and limitations.

It is highly recommended that when you are considering filing an LTD claim for PCC that you speak with a lawyer who specializes in disability law and knows how to prove invisible disabilities. We can assist with navigating the process of filing the claim, gathering necessary documentation, and helping you with an appeal or litigation if your claim is denied.

Ultimately, every LTD claim is unique, and the process of proving a claim for long COVID will depend on the specific circumstances of each case. By carefully documenting symptoms, seeking out medical support, and working with a knowledgeable lawyer, you may be able to successfully pursue disability benefits for post-COVID conditions.

Providing comprehensive support for LTD claimants with Post-COVID Conditions

It is important for individuals who have been denied disability claims for post-COVID conditions to work with an experienced disability lawyer. At Mulqueen Disability Law, we can help you with your LTD claim for post-COVID conditions, and if your claim has been denied, we can help you navigate the appeals process and ensure your rights are protected.

We provide the following services to help you with your LTD claim for post-COVID conditions:

  • Consultation prior to applying for LTD;
  • Review of LTD claims forms;
  • Telephone interview preparation;
  • Consultation during claims adjudication with respect to Authorizations, Requests for Records, and delays in decisions;
  • Review of denial and termination letters to determine how to proceed;
  • Consultations regarding appeals and appeal package preparation;
  • Litigation and negotiation of LTD claims denials and terminations; and
  • Other services and consultations as needed.

At Mulqueen Disability Law, initial consultations are free and provide valuable practical information, insights and suggestions. Contact us to schedule a time to go through your claim and concerns together. If we accept your case, we offer a variety of flexible fee arrangements that reflect our commitment to access to justice, while taking into account our own value. If we are not able to take your case, we will point you in the right direction to ensure that you are able to get the help you need.

Mulqueen Disability Law: providing trusted LTD advice to claimants suffering from Long COVID/Post-COVID Conditions in Markham & Toronto

The symptoms of post-COVID conditions (PCC) can vary from person to person and may be similar to many other serious medical conditions, including invisible conditions. The disability law team at Mulqueen Disability Law has decades of experience working with clients to prove their disability claims for invisible conditions. We know how to prove disability due to PCC.

Mulqueen Disability Law is an extremely experienced boutique law firm that focuses on providing individualized (certified trauma-informed) client service and highly skilled legal representation. We are selective in the cases we take on to ensure that we are able to maintain our high standard of service for our clients. To schedule a free, confidential initial consultation, please contact us online or by phone at 416-900-0368 (or toll-free at 833-363-3LAW [3529]).