CAN COVID QUALIFY FOR DISABILITY PAY?
- The Forsythe Firm
- Apr 20, 2021
- 2 min read
Updated: Apr 22, 2021
In certain circumstances, COVID may be considered a "Medically Determinable Impairment" (MDI) and it could qualify for Social Security Disability benefits.
The major considerations for COVID are:
(1) the duration requirement; the illness must prevent the ability to perform substantial gainful activity for at least 12 months or more, OR to end in death. If COVID ends in death, it meets the duration requirement. If COVID complications lead to the inability to work for at least 12 consecutive months, the duration requirement is met.
(2) The severity of the disease. The COVID infection and/or complications must be so severe that an individual is unable to perform substantial gainful activity for 12 consecutive months.
Social Security will not consider severa lunrelated illnesses to meet the 12 month duration requirement. However, if COVID infection results in severe complications to the heart, kidneys, brain or lungs, for example, Social Security considers these complications to be related--and they can count toward the duration requirement.
Some people may have symptoms associated with COVID-19 that last for months or even longer after recovery from acute illness. In these cases, COVID-19 may meet the duration requirement when a person develops:
· Long-term effects of COVID-19,
· One or more new MDIs caused by COVID-19, or
· Any existing MDI(s) have worsened because of COVID-19.
What Establishes a Diagnosis of COVID-19?
Social Security needs objective medical evidence from an acceptable medical source (AMS) to establish the existence of an Medically Determinable Impairment (MDI) for COVID-19, including long-term effects of COVID-19, which means signs, laboratory findings, or both (DI 24501.020A). They establish an MDI for COVID-19 when evidence from an AMS indicates:
A report of a positive viral test for SARS-CoV-2,
A diagnostic test with findings consistent with COVID-19 (e.g., chest x-ray with lung abnormalities, etc.), or
A diagnosis of COVID-19 with signs consistent with COVID-19 (e.g., fever, cough, etc.).
IN SHORT: Social Security may provide a benefit for COVID-19 when there is a definite diagnosis of COVID-19, COVID or complications of COVID will last for at least 12 consecutive months or end in death; and the illness is severe enough to prevent substantial gainful activity for 12 straight months.
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Need help with a Social Security disability claim or appeal? Call the Forsythe Firm for a free case evaluation. We never charge a fee until you win and collect past due benefits. (256) 799-0297.
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