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On July 26, 2021, the Departments of Justice and Health and Human Services issued new guidance categorizing long COVID as a qualifying disability under the Americans with Disabilities Act (“ADA”).
Below, we discuss the impact this guidance will have on long term disability benefits for COVID long haulers.
Cardiopulmonary exercise testing (known as “CPET”) can be useful for substantiating long term disability insurance claims. The CPET is particularly recommended for conditions that cause fatigue as a major symptom.
Fatigue is commonly self-reported by claimants rather than objectively tested by their doctors. Consequently, your insurance company may consider your reported fatigue as “subjective”. Disability claims with subjective symptoms are more highly scrutinized and at higher risk of denial.
The CPET can provide evidence of your exertional limitations. These objective results can help prove your disability to your insurance company.
Read below to learn more about the CPET and how it may help your disability claim.
Riemer Hess LLC, is a firm of ERISA and long term disability attorneys headquartered in New York City. For over 25 years, we have built a thriving practice and national reputation based on our unwavering commitment to protecting and fighting for people with disabilities. We have obtained hundreds of millions of dollars in benefits, settlements, and judgments.
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