DEAR COLLEAGUE: Long COVID Resource for Social Security Disability Claims

July 27, 2023

In a Dear Colleague letter, the SSA has issued a guidance document for Health Professionals who are providing medical evidence for disability claimants suffering from long-term health effects of COVID-19. The guidance provided is consistent with the agency’s current treatment of COVID-19 as a medically determinable impairment (“MDI”) that can be established by (1) a positive viral test for SARS-CoV-2, (2) a diagnostic test with findings consistent with COVID-19 (e.g., chest x-ray with lung abnormalities, etc.), or (3) a diagnosis of COVID-19 with signs consistent with COVID-19 (e.g., fever, cough, etc.). See Emergency Message EM-21032 REV for further discussion of how claimants with Long COVID are reviewed. Additionally, the agency continues to flag COVID-19 claims solely to identify, track, and collect COVID data. See Emergency Message EM-20060.

While the new guidance does not inform health professionals that an MDI cannot be established by a patient’s subjective complaints alone, it highlights the importance for health professionals to submit all objective evidence and findings related to their patient’s condition. The guidance also solicits medical professionals to provide their opinions of a claimant’s ability to perform daily activities or work-related physical and mental activities. However, reviewing ALJs will likely give little weight to favorable medical opinions that are not substantially supported by the record. See 20 C.F.R. § 404.1520c; HALLEX I-5-3-30.