Markey, Kaine, Duckworth Press Social Security Administration to Help Those With Long COVID Overcome Barriers to Disability Benefits

Washington (August 5, 2024) - Today, Senator Ed Markey (D-Mass.), and Senator Tim Kaine (D-VA) members of the Senate Health, Education, Labor and Pensions (HELP) Committee, alongside Senator Tammy Duckworth (D-IL), led their colleagues in sending a letter to push the Social Security Administration (SSA) to address the barriers those with Long COVID face when applying for disability benefits with the Social Security Administration.

"According to recent estimates from the Centers for Disease Control and Prevention (CDC), 18.4 percent of U.S. adults have experienced Long COVID and over 25 percent of people with Long COVID say they experience significant limitations due to their condition," the senators wrote to SSA Commissioner Martin O'Malley. "…In some situations, these symptoms can be debilitating and prevent an individual from being able to work, take care of their family, manage their household, or participate in social activities."

"SSA should address the barriers those living with Long COVID face in accessing the benefits they have earned. There are straightforward steps SSA can take to make the disability application process easier and more transparent," the senators continued.

Specifically, the senators call on the SSA to:

1. Track and publish data on applications that may be related to Long COVID by tracking applications that submit documentation related to COVID, Long COVID, and common Long COVID diagnoses. Data published should include the number of applications received, number of applications approved, number of applications denied, including the reason for denial, and number of applications appealed.
2. Thoroughly review the conclusions of a report published by the National Academies of Sciences, Engineering, and Medicine and, if appropriate, create a new Long COVID ruling or expand the Listing of Impairments to include health effects identified in the report. Such ruling or listing should include guidance for evaluating claims involving common Long COVID diagnoses and be developed with input from Long COVID patient groups and attorneys specializing in these cases to establish criteria for evaluating claims related to Long COVID.
3. Allow appointed representatives to see all exhibits at the initial and reconsideration disability claim stages. This would allow claimants' advocates to explain the basis for SSA's denials and possibly fix issues with the application.
4. Restore the "treating physician rule" so a claimant's primary care physician or Long COVID specialist can have their medical opinion given the weight it deserves.

The letter was cosigned by Senators Angus King (I-MN), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), and Tina Smith (D-MN).

Full text of the letter is available here

In April 2024, Senators Markey, Duckworth, and Kaine led their colleagues in writing to the Senate Appropriations Committee urging the committee to fund over $1 billion in Long COVID research. In March 2024, Senator Markey celebrated $13.5 million in appropriations to support Long COVID Centers of Excellence, Long COVID surveillance, and community outreach. In January 2024, Senator Markey advocated for coordinated research at the National Institutes of Health for infection-associated chronic conditions and illnesses, including Long COVID. Last year, Senator Markey. In 2023, Senators Markey, Kaine and Duckworth re-introduced the Comprehensive Access to Resources and Education (CARE) for Long COVID Act, legislation to help Long COVID patients access vital resources and to improve research. In 2022, Senators Markey, Duckworth and Kaine introduced the Targeting Resources for Equitable Access to Treatment for Long COVID (TREAT Long COVID Act), legislation to fund the expansion of Long COVID clinics.

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