Long COVID Can Be a Disability, Biden Administration Says | Healthiest Communities Health News

Some people with long COVID may qualify as disabled and need accommodations, the Biden administration said Monday, releasing guidance clarifying how the condition can be categorized as a disability under federal law.

The announcement, coming on the 31st anniversary of the Americans with Disabilities Act, paves the way for people suffering from the long-term effects of COVID-19 to receive accommodations from businesses, schools or employers.

“Many Americans who seemingly recovered from the virus still face lingering challenges, like breathing problems, brain fog, chronic pain and fatigue,” President Joe Biden said at a White House event commemorating the ADA. “These conditions can sometimes, sometimes rise to the level of disability.”

Long COVID is a condition in which patients who contracted COVID-19 experience persistent or new symptoms of illness weeks or months after their initial infection. It is often characterized by symptoms such as fatigue, malaise, shortness of breath or a rapid heart rate.

In line with the administration’s announcement, the Department of Health and Human Services, Department of Justice and Department of Labor all have released resources regarding disability and long COVID. Guidance from the Department of Education on accommodating students in schools was also expected.

New guidance from HHS and DOJ explains that long COVID can be a disability under the ADA, Affordable Care Act and Rehabilitation Act “if it substantially limits one or more major life activities.” These limits may be due to physical or mental impairments, the guidance notes.

It says, however, that not all people with long COVID may qualify as having a disability.

“An individualized assessment is necessary to determine whether a person’s long COVID condition or any of its symptoms substantially limits a major life activity. The CDC and health experts are working to better understand long COVID,” the guidance reads. The Centers for Disease Control and Prevention has released its own guidance for providers on diagnosing and treating people with long COVID.

Those who do qualify, the new guidance says, are protected from discrimination. That means businesses and other entities will at times need to provide reasonable accommodations or modifications that provide someone with a long COVID disability “full and equal opportunities to participate in and enjoy all aspects of civic and commercial life.”

For example, individuals whose joint pain prevents them from pumping gas may need assistance at the pump, the guidance says, or a student with difficulty concentrating may need to be allotted more time to take a test

Employment is “outside the scope” of the guidance from HHS and DOJ, the document says. But the Department of Labor Office of Disability Employment Policy has launched a new webpage that includes resources on requesting and providing workplace accommodations, according to the administration. The page includes a link to information on what people can do if a request for accommodation is denied.

“If you have long COVID-19, you might have difficulty working in the same way you did before and may be entitled to workplace accommodations so you can do your job. What’s important to know is that even if you don’t think of yourself as having a disability, you may meet the Americans with Disabilities Act definition,” a Department of Labor blog post published earlier this month says.

The Administration for Community Living, part of Health and Human Services, additionally has released a guide on navigating community-based resources for long-haulers seeking assistance as they live in their homes and communities and go to work or school.