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| Courtney Mulqueen |
Just because you don’t hear much, if anything, about COVID-19 anymore doesn’t mean problems don’t remain. This is a disease that is still lingering. For those with long COVID, it can be completely incapacitating, and the prognosis for some is very much unknown.
I deal with many long COVID long-term disability (LTD) claims, and it is heartbreaking to realize what people are going through. Insurance companies are unsure of what to do with them.
People can display symptoms of post COVID-19 even if they weren’t formally tested and diagnosed with the virus or had only mild to moderate symptoms when they had it, according to the Public Health Agency of Canada.
Symptoms can persist for weeks or months from the initial COVID-19 infection, but you can also develop new ones.
According to the Mayo Clinic, conditions linked to long COVID may get better over months or could last years. Common symptoms include:
- Problems with memory, often called brain fog
- Extreme tiredness, especially after activity
- Fast or irregular heartbeat
- Lightheadedness or dizziness
- Problems with taste or smell
- Sleep difficulties
- Shortness of breath
- Cough
- Headache
- Digestion problems, constipation or bloating
Ailments can include heart disease, anxiety, mood disorders, stroke or blood clots, diabetes or fibromyalgia.
Many of my clients struggle just to understand what is happening to them. They may be beyond exhausted and unable to think clearly or concentrate. The cognitive, the physical and the mental fatigue can be overwhelming. So much so that it’s not unusual for me to have to reschedule appointments if they are struggling. I have also found it can be helpful to break meetings into shorter sessions over a few days and follow up with detailed emails they can refer to later. It is important, as a trauma-informed disability law firm, to provide a supportive environment.
The Toronto Star reports that as of June 2023, 19 per cent of all Canadians — or about 3.5 million people — who contracted COVID-19 had developed post-COVID condition (PCC).
My clients are people who had active lives and now suddenly can’t seem to get better. To make matters worse, they are finding fewer places to turn for help.
The problem is the government cut funding to long COVID clinics almost overnight. There remain some places where people can access help, but we really need a multidisciplinary approach.
These clients are also faced with the challenge of proving their LTD claim to their insurance provider. The system, for the most part, is set up for those who have the ability to do all the things it takes to prove an insurance claim. But people with long COVID are so mentally and physically fatigued that they may miss deadlines for filing information needed to support their claim.
As well, recovery timelines cannot be predicted with any real accuracy. What happens is the insurer gets impatient and wants to cut benefits. Some of the advice my clients get is “you should be more active.” However, that can be harmful to someone struggling with long COVID.
People are being pushed to return to their jobs before they are ready and that can have consequences.
My clients are fearful that if they push themselves too hard there is a chance they will not only relapse but potentially suffer permanent impairment and be stuck in a chronic fatigue state.
However, there is reason for optimism. Recent research sheds further light on “brain fog,” a debilitating symptom of long COVID that is characterized by difficulty thinking clearly, forgetfulness and trouble focusing. It is a common complaint among COVID long-haulers.
“Our findings clearly demonstrate that long COVID brain fog should be recognized as a legitimate clinical condition. This could encourage the health care industry to accelerate the development of diagnostic and therapeutic approaches for this disorder,” professor Takuya Takahashi from the Graduate School of Medicine at Yokohama City University stated.
As well, researchers at the University of Alberta last year “pinpointed two proteins that could serve as markers for identifying patients with long COVID — a discovery that may lead to treatments that will bring better quality of life for the millions of people suffering from the debilitating condition.”
But there is still no clear path forward. It is also important to note that even if someone is receiving LTD benefits, at the two-year mark it is not uncommon for an insurer’s definition of disability to change from being unable to perform the duties of their own job to being unable to perform any occupation they are reasonably suited to. That can potentially result in someone losing their benefits if they are unable to return to work.
It can be unrealistic to expect people with long COVID to return to work in any capacity before they are ready. The job they are being sent to do may not be as demanding as the one they had, but for the insurance company to say, “We realize you have some fatigue but you should still be able to work” is disregarding all they are going through.
Even if it is a sedentary job, the reality is this person still must get up every morning, get ready, go into work and perform their duties even as they are struggling. They may be able to function for one day, but it can take them several more to recover.
There must be some level of patience, some expertise that goes not only into the treatment of this condition but in the assessment of long COVID disability claims. These people need specialized treatment that is sensitive to the fact that they cannot overdo it without risking their long-term health. They must be carefully monitored and there needs to be thoughtfully crafted plans to help them get better and ensure they are not being forced back to work before they are ready.
Courtney Mulqueen, of Mulqueen Disability Law, has over 20 years of experience litigating disability claims. Her focus and passion is representing plaintiffs with disabilities who live with complex “invisible conditions,” like mental illness and chronic conditions that are difficult to prove, diagnose and treat.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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