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New York Covid Disability Lawyers

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If you or a family member is experiencing financial hardship and ongoing struggles caused by short or long term Covid-19 disability and have been denied disability benefits by your insurance company, then contact the Brain Injury Law Firm® without delay for a free no obligation consultation.

If we accept your case, we will represent you on a contingency fee You will owe us no legal fee unless we achieve a recovery on your behalf.

What Is Long Covid?

Long Covid, a term used to describe the persistent symptoms many individuals experience following a Covid-19 infection, can cause both short and long-term disability. Many persons may be symptomatic following a Covid infection for months or even years. These persons are often called “long haulers.” Often the constellation of disabilities is described as “brain fog” and impact an individual’s ability to function on a day-to-day basis or return to work. When disability caused by Long Covid occurs, you may receive both short-term and long-term disability benefits.

According to the Centers for Disease Control, approximately 19 percent of those with Covid have long Covid. Many symptoms are disabling and impair or prohibit them from returning to their occupation or profession. The symptoms may vary from individual to individual. The U.S. Census Bureau reports about 16.3 million working age Americans report long-term Covid symptoms which effect their ability to work or perform household functions.

Common Long-Term Symptoms Following Covid-19

Common Long-Term Symptoms Following Covid-19 include:

  • Disabling Fatigue
  • Excessive Sleeping or Inability to Get Out of Bed
  • Memory Problems
  • Brain Fog
  • Cognitive Impairments
  • Chronic Headaches
  • Difficulty focusing, concentrating, or paying attention
  • Dizziness and other vestibular impairments
  • Shortness of Breath and Strength

Individuals who suffered both mild and severe Covid infections can experience these debilitating symptoms, even if they were not hospitalized.  Disability can affect individuals of any age, sex, or race.  Even those who were vaccinated can experience Long Covid.

long covid symptoms
source: https://www.nature.com/articles/s41598-021-95565-8

Why retain De Caro & Kaplen, LLP to represent you in claims for short-term and long-term disability benefits following Long Covid?

shana de caro & michael v. kaplen

The Brain Injury Law Firm® is uniquely qualified to represent you for disability claims against an insurance company because of the effects of “brain fog.” Our attorneys understand the limitations and consequences caused by brain damage. The symptoms of Covid-19 brain fog are like those caused by a traumatic brain injury.  For over 40 years our attorneys have advocated and represented victims of brain injury both in and out of the courtroom.  We are the only law firm in the United States whose partners have both served as chairpersons of the prestigious Traumatic Brain Injury Litigation Group of the American Association of Justice.  We are designated as “preferred attorneys” by the Brain Injury Association of America.

Shana De Caro serves as chairwoman of the Brain Injury Association of America and Michael V. Kaplen served three terms as president of the Brain Injury Association of New York and was twice elected chair of the New York State Traumatic Brain Injury Services Coordinating Council, a council of which he is still a member. 

Many employers provide disability benefits to their employees.  These benefits are known as group short-term disability benefits and group long-term disability insurance benefits.  Additionally, some individuals purchase private disability insurance policies.

Long haulers who continue to experience disabling symptoms affecting their ability to work following their infection are frequently improperly denied disability benefits by their insurance company.  When this occurs, our law firm may assist in obtaining the disability benefits to which you are entitled.

Why you can trust us

Michael is a Professorial Lecturer in Law at the George Washington University Law School, teaching the only course on traumatic brain injury law in the nation.
Michael has served as the chair of the New York State Traumatic Brain Injury Services Coordinating Council, and is a three-term past president of the Brain Injury Association of New York State. He has also served as the Chair of the Traumatic Brain Injury Litigation Group of the Association of Trial Lawyers of America.
Shana De Caro serves as Chairwoman of the board of directors of the Brain Injury Association of America, is Past Chair of the Traumatic Brain Injury Litigation Group of the American Association for Justice, and was elected secretary and board member of the Civil Justice Foundation.
Our New York attorneys co-author the traumatic brain injury column for the distinguished New York Law Journal.

Covid Disability FAQs

What should you do to protect your rights for Covid related disability benefits?

Keep an accurate record of your signs and symptoms. A log of your daily symptoms and activities may be important in supporting your claim.

Save all proof of covid-19 infection.

Report all your signs and symptoms to your doctor and seek professional assistance.

File a disability claim without delay, Delay may impact our ability to be successful, as there are crucial time limits in many insurance policies. It is useful to seek the assistance of a trained attorney in completing claim forms and assembling all necessary documents supporting your claim.

If you have been denied disability benefits, seek legal advice immediately. Your time to appeal or commence a legal action for denial of benefits is extremely short.

Retain copies of all communications with your insurance company and do not speak or respond to any requests or inquiries without first consulting with a qualified attorney.

What do you need to support a Long-Term Covid Disability Claim?

Brain injury and brain damage are often called “invisible injuries” because they cannot be detected by visual observation of the individual. Long haulers may look and sound fine but may suffer long-term cognitive, physical, emotional, and behavioral consequences related to Covid-19 infection. Our attorneys understand this and will collaborate with you to provide the insurance company a detailed explanation of the consequences of your Covid-19 infection, and how it has affected your ability to pursue your occupation or profession. We can refer you to experienced brain injury specialists for a neuropsychological assessment to determine and establish your cognitive impairments. Other professionals may be consulted for vestibular testing or chronic fatigue.

Can neuropsychological testing establish objective proof of long term Covid 19 related disability?

Neuropsychologists are trained professionals who can administer a comprehensive neuropsychological test battery to determine impairments in memory, concentration, comprehension, word finding, ability to multi-task (often called executive functioning) spatial problems, problem solving, organization, and auditory or visual comprehension. Then can also evaluate any emotional or behavioral issues you may experience.

Can I make a claim for disability benefits even if did not receive a vaccination?

Yes, your disability insurance contract has no requirement for prior vaccination to be eligible for  disability benefits.

Call Toll-Free Today at 1 (866) 272-4652

shana de caro & michael v. kaplen
If you or a family member is experiencing financial hardship and ongoing struggles caused by short or long term Covid-19 disability and have been denied disability benefits by your insurance company, then contact the Brain Injury Law Firm® without delay for a free no obligation consultation.

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The Brain Injury Law Firm ®
Toll Free: (866) 272-4652
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help@brainlaw.com 
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De Caro & Kaplen, LLP
228 E. 45th Street, Suite 1100, New York, NY 10017
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