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Long Covid, ME/CFS, And Disability Benefits

Published by GLmanage

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Just over 1% of the US population has been diagnosed with Myalgic Encephalomyelitis (ME) and Chronic Fatigue Syndrome (CFS). Some cases of ME/CFS are so severe that a person might be completely bed-bound and unable to work.

There has also been a connection between ME/CFS, Long Covid, and increased disability.

If this sounds like you or a loved one, then you should apply for Social Security disability benefits. Our attorney with the Law Office of Gerard Lynch can help you achieve the financial relief you deserve.

Schedule your free consultation with The Law Office of Gerard Lynch and see if your condition qualifies.

unhappy female with a fever, needing health care.

What Is ME/CFS?

Myalgic Encephalomyelitis (ME) and Chronic Fatigue Syndrome (CFS) are disabling conditions characterized by profound fatigue and a variety of other symptoms. The exact cause of ME/CFS is unknown, but research has emerged linking viral conditions such as Covid-19, to the development of ME/CFS. This condition can affect individuals of all ages and backgrounds.

Common Symptoms of ME/CFS:

  • Severe, chronic fatigue not improved by rest
  • Post-exertional malaise (extreme exhaustion after physical or mental activity)
  • Sleep disturbances (unrefreshing sleep, insomnia)
  • Cognitive difficulties (memory problems, trouble concentrating)
  • Muscle and joint pain
  • Headaches
  • Sore throat
  • Swollen lymph nodes
  • Sensitivity to light, sound, and temperature

Levels of Severity in ME/CFS

Some people can adjust their lives successfully with ME/CFS, while others are barely able to make it out of bed. Knowing the different levels of severity of this condition can help you construct your disability application.

  • Mild: Able to care for themselves and may be able to work or attend school with difficulty.
  • Moderate: Reduced ability to carry out daily activities, often needing rest periods.
  • Severe: Mostly housebound and unable to perform daily tasks without assistance.
  • Very Severe: Bedbound and completely reliant on others for care.

Connecting ME/CFS, Long Covid and Disability

Just a few weeks into the Covid-19 pandemic we began hearing the phrase Long Covid, expressed across healthcare settings. Ongoing research shows a link between these two conditions, but Long Covid doesn’t always involve ME/CFS.

What Is Long Covid?

Long Covid refers to a range of persistent symptoms that some individuals experience following a COVID-19 infection. Research has shown that ME/CFS is one of many conditions connected to Long Covid. While not all cases of Long Covid involve ME/CFS, there is a significant overlap in symptoms and experiences.

Long Covid can manifest in various ways, including:

  • Respiratory issues:
    • Shortness of breath
    • Persistent cough
    • Lung damage
  • Cardiovascular problems:
    • Heart palpitations
    • Chest pain
    • Blood clots
  • Neurological symptoms:
    • Brain fog
    • Headaches
    • Loss of smell or taste
    • Dizziness
  • Fatigue and energy-related issues:
    • Severe, chronic fatigue
    • Post-exertional malaise
  • Musculoskeletal concerns:
    • Joint pain
    • Muscle weakness
  • Gastrointestinal problems:
    • Stomach pain
    • Nausea
    • Diarrhea
  • Mental health issues:
    • Anxiety
    • Depression
    • Sleep disturbances

It’s important to note that Long Covid symptoms can vary widely between individuals. They may also fluctuate in severity over time. Sometimes symptoms persist for weeks or months following an infection, while others last for years. It’s also possible for symptoms to start weeks, months, or years after an initial infection of Covid-19.

Potential Causes and Predisposing Factors for ME/CFS:

  • Viral infections:
    • Epstein-Barr virus
    • Human Herpesvirus 6
    • Influenza
    • COVID-19
  • Other health conditions:
    • Lyme disease
    • Fibromyalgia
    • Multiple chemical sensitivities
  • Predisposing factors:
    • Genetics
    • Stress
    • Physical trauma

How Does ME/CFS Qualify For Disability Benefits?

Qualifying for disability benefits with ME/CFS requires thorough documentation and medical evidence. This usually includes:

  • Suffering from ME/CFS for at least 12 months
  • Being unable to work or complete basic tasks needed to live
  • Unsuccessful attempts to treat the ME/CFS
  • Your medical record detailing the diagnosis and treatments for this condition

Strengthening Your Case For Disability Benefits with ME/CFS

While it is possible to gather some of this evidence on your own, doing so can lessen your chance of getting approved. Enlisting the help of a disability lawyer can make a world of difference. Here’s what claimants can expect a disability lawyer to gather to strengthen their case:

  • Medical Diagnosis
    • Obtain a clear diagnosis of ME/CFS from a qualified healthcare provider.
  • Detailed Medical Records
    • Include all relevant medical records, including test results, treatment plans, and documentation of symptoms over time. These should be gathered by an attorney, rather than the claimant. This way, there are no gaps in their disability application.
  • Functional Capacity Evaluation With A Lawyer
    • A disability attorney can help you provide evidence through this evaluation. It can help show how Long Covid or ME/CFS affects your ability to perform daily activities and work. This may include statements from doctors and physical therapists.
  • Symptom Documentation
    • Keep a detailed journal of your symptoms, their severity, and how they impact your daily life.
  • Work History
    • Submit records of your work history and any attempts to return to work. This includes any adjustments made to your work environment and why they were unsuccessful.
  • Personal Statement
    • Write a personal statement detailing your condition, the impact on your life, and why you are unable to work.

 

Strengthening Your Case For Long Covid

Long Covid is not listed in the SSA’s Blue Book due to its new and broad definition. It is still possible for individuals to qualify for disability benefits under this condition.

This is where a disability lawyer can help analyze and strengthen your claim. An attorney will gather information about how sick you are if you can’t work, and any medical proof to help your case.

Here are some criteria that a disability lawyer helps gather for your claim:

  • Severity of symptoms: The symptoms must be severe enough to prevent the individual from engaging in substantial gainful activity.
  • Duration: The condition must have lasted or be expected to last for at least 12 months.
  • Medical evidence: Comprehensive medical documentation is crucial, including diagnoses, test results, and treatment history.
  • Functional limitations: Evidence must show how the symptoms limit the individual’s ability to perform work-related tasks.
  • Residual Functional Capacity (RFC) assessment: This evaluation determines what work-related activities the individual can still perform despite their limitations.
  • A Multi-Organ Condition: Demonstrating the combined effect Long Covid’s impact on multiple organ systems can strengthen a claim.
  • Mental health impact: Long Covid has led to mental health issues. These should also be documented and included in the application.
  • Consistency of symptoms: Medical records should show a consistent pattern of symptoms over time.
  • Failed treatment attempts: Documentation of unsuccessful treatment attempts can support the claim’s validity.
  • Detailed personal statement: A thorough description of how Long Covid symptoms affect daily life and workability is essential.

When applying for disability benefits, it’s crucial to provide as much detailed medical evidence as possible. You and a lawyer must show how Long Covid stops you from working. This can greatly help your chances of getting approved.

Filing For An Appeal

Unfortunately, the medical community as a whole does not universally understand ME/CFS. This is connected to how symptoms vary, develop, and severely persist.

Because of this, it can be difficult to achieve disability benefits for this particular condition. Initial applications for ME/CFS are often denied because there are:

  • A lack of sufficient medical evidence
  • An Incomplete application
  • A failure to demonstrate how ME/CFS or Long Covid limits your ability to work

Get Help From The Law Office of Gerard Lynch

The Law Office of Gerard Lynch will do everything in our power to get your disability claim approved. Our Texas-based attorney can cut through the red tape that most claimants run into on their own.

We have several established relationships with medical systems across Texas and a track record of successful claims. The Law Office of Gerard Lynch is confident in our ability to help you.

Our attorney has also helped claimants across all application stages. Whether you’ve been preparing to file, are in the process of filing, or have been rejected, our firm has your back.

Schedule Your Consultation With Us

If you or a loved one is struggling with ME/CFS or Long Covid, the Law Office of Gerard Lynch is here to help. If you need help with a disability application or appeal, our attorney can review your case.

Let’s guide you through every step of the process and get you the benefits you deserve.

Schedule your free consultation with us today. Take the first step toward the financial relief you deserve. Call us at (713) 225-1817.

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This case was my first time hiring a lawyer but I am glad that the attorney I chose worked diligently with me to help me get the results I was looking for. I am confident in letting the law offices of Gerard Lynch handle my business when needed, and I will be contacting this office when or is there is another matter that I need handled. I, Alexander Foster, am very satisfied with the outcome of my case. The Law Office of Gerard Lynch and I worked together and we achieved the goal that we were striving for. I am so thankful.

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Frequently Asked Questions

Do I have to be disabled permanently to receive Social Security Disability (SSD)?

A claimant needs to be disabled for at least 12 months or have a medical condition that is terminal or expected to lead to death. Sometimes a claimant is not disabled permanently. In a certain time frame, when they are disabled from working, they could qualify for disability benefits.

It is possible, but rare to receive benefits without any medical evidence to back up your claim. If you do not have recent medical records, it is much harder to win a case. There is a possibility, though not common, that your case might be approved simply by going to a consultative exam by the SSA, where a doctor gives you a physical or mental examination.

One benefit of working with our office is that we will look carefully at your case. If you do not have enough current medical evidence for your claim, we can often give you information about low-income or indigent health services that can help establish a medical record for a low cost or free.

No fees, unless we win your claim! Our law firm, the Law Office of Gerard Lynch, only charges our clients if we win their SSD or Supplemental Security Income (SSI) benefits. We charge on a contingency basis, 25% of the back pay awarded to a claimant when we win the case. As of Summer 2024, our fee is capped at $7,200. The fee cap is set by the Social Security Administration (SSA) for all representatives, and is periodically adjusted for inflation just like monthly SSD and SSI benefits. Social Security pays us directly so our claimants don’t have to write a check. If we do not win a case, we do not charge anything no matter how much work we have done. Once a client wins and their monthly checks begin, they will keep 100% of their checks.

Social Security Disability (SSD) comes from FICA taxes that are deducted from paychecks during the work history of a person. Every month that a person works and reports income to the government, taxes are deducted which are paid into social security. When FICA taxes are taken out of paychecks, most of it goes into the general Social Security retirement fund. However, a smaller portion goes into the general Social Security disability fund.

Contrary to popular belief, no one has an account set up with the SSA by default, even though all Americans are required to pay taxes into social security. People who become disabled over their lifetime and are not yet eligible to get their full-age retirement benefits can get benefits from the disability fund. They’ll need to apply for these benefits and get approved to receive them.

Supplemental Security Income (SSI) is a different program for disabled people and it is like a form of welfare. More specifically, it is for people who are either too young to have paid enough into the system or have not worked recently enough to receive Social Security Disability (SSD). To receive Supplemental Security Income (SSI), a claimant has to be equally disabled as a person who receives Social Security Disability (SSD) – the standard for determining disability is the same. One of the main differences in deciding which claimant receives Social Security Disability (SSD) or Supplemental Security Income (SSI) comes from the amount of money paid into the Social Security system over one’s lifetime.

It should also be noted that SSI carries much stricter income and resource qualifications for someone to get approved and maintain these benefits.

If you have any additional questions that we did not answer above, please get in touch with our team at The Law Office of Gerard Lynch. Unlike the larger Social Security disability lawyers of Houston, our office will make sure you’re treated as more than just a claim. Let our attorney review your disability claim and help you seek the peace you deserve.