Picture this. A lingering, unidentified illness has left you unable to work. Maybe you
have tried repeatedly to return to work, but a host of symptoms is making it impossible
for you to continue in your job. Yet, despite multiple doctor’s visits explaining the
symptoms – and perhaps even medical tests proving various conditions- you do not
have a precise diagnosis for the underlying cause of the disability. In other words, you
have many symptoms, but they seem to be incapable of a single diagnosis.
This can be a real barrier to collecting a long-term disability (LTD) benefit from your
employer-sponsored disability plan. Take, for example, the challenges faced by those
suffering from the condition known as Chronic Fatigue Syndrome. “CFS” is a multi-
symptom condition that is not recognized as a diagnosis but often prevents people from
holding a job. Another example is a condition caused by a Covid-19 infection. Lingering
complications are now identified as “Long COVID,” which often present as a variety of
debilitating symptoms like fatigue, brain fog, dizziness, a racing heart, and mobility
issues. As a matter of fact, a definition (but not a diagnosis) of Long COVID was
introduced in June 2024 and encompasses more than 200 symptoms. Without an
official Long COVID diagnosis that has been accepted by medical associations and
health insurers, though, long-term disability insurers have followed suit, fighting tooth
and nail to deny claims from employer-sponsored plans.
At J.J. Conway Law, we have been successful with many clients in overriding the
challenges to Long COVID (and CFS) LTD claims. While approval of LTD claims in
general can be frustratingly drawn out, having a recognized diagnosis can help facilitate
the benefit review process and determination. However, don’t lose heart if your
symptoms remain undiagnosed. Our track record in getting wrongfully denied LTD
claims overturned – or winning on a benefits appeal – means your case is in good
hands.
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