We do not handle social security disability claims
Over $200 Million Recovered for Our Clients

Covid-19 survivors are reporting changes to their cognitive skills that are changing their lives, making it difficult or even impossible for them to work or manage basic tasks. Memory failures, like not being able to recognize their own car or completely forgetting a significant recent vacation, are just two of a constellation of post-Covid symptoms that are only now beginning to emerge.

Referred to as “Covid brain fog,” the troubling cognitive symptoms include memory loss, confusion, difficulty focusing and dizziness. The same people who were so glad to have survived this deadly pandemic are now living in a changed world.

The science on Covid-19 brain fog is new, so doctors are not yet sure what’s behind it. Some think it is a result to the body’s immune response to the virus, or from inflammation to the blood vessels that lead to the brain.

Patients who were hospitalized during their Covid-19 illnesses experienced confusion, delirium and other altered mental states, known as encephalopathy, as reported in the article “’I Feel Like I Have Dementia’: Brain Flog Plagues Covid Survivors” from The New York Times. A study from the Annals of Clinical and Translational Neurology, “Frequent neurologic manifestations and encephalopathy-associated morbidity in Covid-19 patients” reported that most hospitalized Covid-19 patients experienced these symptoms, and they are associated with increased morbidity and mortality. Covid-19 is unique in that it causes multi-organ disease in patients, with involvement of both the central and peripheral nervous system in some individuals. Evidence of the severity of these problems is increasing.

A group of 3,930 people who have connected to discuss their lives post-Covid-19, Survivor Corps, say that half of their members have trouble concentrating.

Covid-19 Brain Fog and Long-Term Disability Insurance Claims

Our experience with long-term disability claims for “brain fog,” which is also a symptom of Lyme Disease, Fibromyalgia, Epstein-Barr, Chronic Fatigue Syndrome Myalgic Encephalomyelitis (CFS/ME), post-cancer treatment and other illnesses, has us concerned about how Covid-19 brain fog patients are going to be treated when they file a disability claim.

Denying a claim for a relatively new illness is a likely scenario for these claimants. While there is a growing body of medical research on Covid-19 in general and more specifically on brain fog and other neurological disorders that result from Covid-19, the newness of the illness may give insurance companies a plausible reason for denying a claim.

If it seems like a cruel thing to do to a person whose life has been altered by a new disease, it is. This is the experience that many people have had when filing for disability, and Covid-19 patients will not likely get any kind of special treatment from the disability insurance companies.

Filing a disability claim for an illness that cannot be measured in radiology studies or bloodwork is always challenging. Claimants who suffer from chronic pain or fatigue are often denied because their claim is considered subjective. Unless physical damage can be seen in a brain scan, the disability insurance company’s doctors will say that the patient’s claim of “brain fog” cannot be substantiated. And the claimant’s statement that they are not able to perform the material tasks and duties of their occupation will be challenged without physical evidence.  Having the diagnosis does not equate to impairment necessarily.

Our recommendation for anyone who is facing this difficult situation is to call our office at 877-583-2524 with a family member or a trusted friend on the phone or on a video conference to discuss the challenges and options for your disability insurance claim. These are uncharted waters for so many people, and their condition will make it harder to fight back against these large uncaring insurance companies. We have represented many individuals with neurological disabilities and we understand the special challenges that need to be overcome. Call us today to learn how we can help.

Written By Jason Newfield

Attorney

Jason Newfield is a founding partner of the disability insurance law firm Frankel & Newfield. He has spent the majority of his legal career advocating for the rights of disabled workers. He has lectured other professionals, worked on a Federal Advisory committee, and published many articles in the field of disability insurance claims and litigation.


Client Testimonials

5.0 Average on Martindale & AVVO
  • We know how important our work is to the people we represent, and we’re pleased to share this recent note from a client. Dear Justin and Christina, I wanted to take a moment to express my sincere g…
  • Our 60-year-old client worked for the world’s largest out-of-home advertising company as a Senior Buyer and outdoor furniture supplier, doing everything necessary to manage a contract for twenty ye…
  • Successful ERISA Appeal of Cigna Denial for High-Ranking Aviation Executive from Florida A 61-year old woman with a prestigious role at a leading aviation company never imagined she would stop work…
  • ERISA Case Headed to Trial in Federal Court – Barber v. Sun Life & Health A Federal Judge in Connecticut has scheduled a trial with live witnesses in an ERISA case, to be decided under the arbi…
  • F&N Resolves a Four Year Delay in UNUM Lump Sum Settlement Matter We were contacted by a 56 year-old man from Maryland who had been trying to negotiate a lump sum settlement of his private disa…
  • Our client, a successful New York dentist, was on claim for a number of years with Trustmark Insurance, due to severe orthopedic issues, which did not permit him to safely and effectively practice …
  • “OK, now that I have had a chance to calmly review the documents, I just wanted to thank you for all of your help. I am certain that if I would have tried to do this myself, I would not have had th…
  • Frankel & Newfield Navigates Complex Issues, From Claim Preparation to Lifetime Management, for Chiropractor A New York chiropractor in his mid-50s was concerned about complex issues associated…
DOWNLOAD OUR FREE EBOOK

Filing a Disability Insurance Claim

Secrets the Disability Insurance Companies Don't Want You to Know!