COVID-19 DISABILITY BENEFITS

The Social Security Administration is changing the way it looks at COVID-19 illness.

If you have lingering, long term effects of COVID infection, you are what is known as a COVID "long hauler." Disability benefits may now be available, even if you no longer test positive for COVID-19.

In some individuals, COVID produces severe symptoms. Yet, in others symptoms may be very mild or even non-existent. This doesn't mean that you won't have long-term "long haul" effects of the infection that can interfere with your ability to perform normal activities for months or even years to come.

 

There are many symptoms of "long haul" COVID-19, which may include:

• Persistent tiredness and fatigue
• Body aches
• Joint and muscle pain
• Shortness of Breath
• Long term loss of taste or smell
• Headaches
• Possible involvement of major organs: heart, brain, intestines, liver....etc.

If you've had linger symptoms of COVID-19 infection lasting 30 days or longer, call the Forsythe Firm for a FREE Social Security disability consultation. We can help you file an application, gather medical evidence and walk through the disability process with you, including appeals.

 

Please be sure your Doctor documents your continuing symptoms. 

Consultations are FREE and we will never charge you a fee until after you are Approved and awarded Back Pay.

Reach us at (256) 799-0297.

We can often start the disability process with a phone call.

 

LONG TERM COVID-19 PATIENTS MAY QUALIFY FOR DISABILITY BENEFITS

 

The symptoms of COVID-19 often last about 2 weeks with full recovery. However, some patients can have symptoms that linger for months. It was once believed that about 15 percent of patients would become "long haulers," with effects of COVID that linger on for months after the initial infection. But new studies suggest that up to 33 percent of COVID patients can become long haulers.

In response, the Social Security Administration has made disability benefits available for these long-term COVID effects. It should be noted that these patients may not currently test positive for COVID-19. Yet, symptoms may continue and negatively effect the ability to work and go about normal activities.

Symptoms of long haulers may include some or all of the following:

• Fatigue
• Weakness
• Cough and shortness of breath
• Chest pain, joint pain, muscle pain, and headaches
• “Brain Fog,” dizziness, and difficulty thinking or concentrating
• Ongoing loss of taste or smell
• Insomnia
• Other symptoms that vary person-by-person

The Forsythe Firm is trained to help individuals with "long haul" symptoms after initial COVID infections. There is a complex application procedure that must be followed to document lingering symptoms of COVID. But if adequately documented and presented, the government may pay up to $3,148 per month in long-term disability benefits.

Our firm offers absolutely FREE consultations. Often a brief telephone consultation is enough to get started. And we will NEVER charge you a fee or any out-of-pocket cost unless you receive disability benefits with back pay! There is no risk to you.

Please contact us at (256) 799-0297 and speak to one of our highly trained advocates now.

CALL

The Forsythe Firm

Social Security Disability Specialists

7027 Old Madison Pike - Suite 108

Huntsville, AL 35806

PHONE (256) 799-0297

email: forsythefirm@gmail.com

WHAT IS A "CONTINUING DISABILITY REVIEW" (CDR)?

 

Almost everyone who receives a disability benefit from Social Security will undergo a review to determine if their benefits should stop or continue. Here is what the Social Security Administration says about Continuing Disability Reviews:

Social Security periodically reviews your medical impairment(s) to determine if you continue to have a disabling condition. If we determine that you are no longer disabled or blind, your benefits will stop.

We call this review a continuing disability review (CDR). The law requires us to perform a medical CDR at least once every three years, however, if you have a medical condition that is not expected to improve, we will still review your case, once every five to seven years. We will reach out to you to obtain updated information about your condition using the SSA-454 (Continuing Disability Review Report) or SSA-455 (Disability Update Report) form. Those who are eligible to receive the SSA-455 now have the option to complete the Disability Update Report (SSA-455) form online.

ADVICE FROM THE FORSYTHE FIRM ON CDRs

Many people don't think about a CDR until they receive notice that their case is under review, then they panic for fear their benefits are going to be discontinued (a real possibility). You should think about a Continuing Disability Review BEFORE it happens. Here is the best way to protect yourself and keep your benefits.

1 KEEP SEEING YOUR DOCTOR(S) AND FOLLOW MEDICAL ADVICE. Persons who rarely or never see their doctor after they begin getting disability benefits are in the most danger during a CDR. Just like you needed medical evidence to GET your disabiity benefit, you will also need medical evidence to KEEP your disability benefit. See your doctors regularly and be sure they make an adequate record to document your continuing disability.

2 Respond promptly to every notice from Social Security. Failure to respond to a Continuing Disability review will NOT make it go away. In fact, it will get your benefit stopped pretty quickly.

3. Try to get your doctor (the one you see the most) to write a letter detailing that you have had no significant medical improvement, that you are compliant with medical treatment, and state your prognosis.

4. If you are eventually notified that your benefit is being terminated, APPEAL in writing within 10 days. By filing this immediate appeal, you may request to continue receiving benefits pending the appeal. (You must request In this case, your benefits will continue while Social Security considers your appeal. (If you eventually lose the appeal, you must repay the benefits that were paid during the appeal period). If you miss then 10 day deadline, you may still appeal within 60 days; however, you will not continue to be paid during the appeal.

5. Consider legal counsel. In this situation, you are responsible for paying attorney's fees out-of-pocket. Your lawyer will put your fee payments in escrow pending the outcome of the appeal. But consider how much money is at stake for you. Let's say your SSDI benefit is $1,500 per month. That's $18,000 per year in lost benefits. If you are 20 years away from retirement age, your potential loss is around $360,000, not to mention the loss of Medicare and the future cost of medical treatment. It's well worth considering an attorney to help you with the CDR. He/she certainly won't cost you anywhere close to $360,000.

WHAT CONDITIONS WILL SOCIAL SECRITY PAY BENEFITS FOR?

 

If you are an insured worker, Social Security will potentially pay for almost any disabling condition which meets these reqirements:

1.  Your condition is medically determined by a physician

2.  The condition is expected to last at least 12 straight months or end in death

3.  You are unable to work because of the condition for 12 straight months. (You DO NOT have to wait 12 months to file a claim--but the condition must not be expected to resolve within 12 months).

The exact definition of what Social Security will accept as "disability" varies by age.  The most difficult definition of "disability" is for younger individuals, under the age of 50.  The easiest definition is for persons of "advanced age," who are 55 and older.

What you need to know when you file for SSDI benefits:

• Up to 80 percent of new claims are denied at the state level (application level)

• Most claims get approved at the APPEAL level.  Expect to be denied once or twice 

  • Take your case all the way up to the hearing level for the best chance.
    

  • Get a free consultation from an attorney before you start the appeal process.
   

The Forsythe Firm in Huntsville has represented claimants before the Social Security Administration and in hearings for 2 decades. The Firm has a high success rate and will never charge a fee until the case is won and back pay has been collected.

Call the Forsythe Firm    (256) 799-0297   Free Consult 

👀  What is an "insured worker?"  It is someone who has worked and paid Social Security (FICA) tax at least 5 years out of the most recent 10 year period.  The requirement is different for young workers who haven't had time to accumulate these years of work.