September 3, 2021

Federal Government Considers Long Covid a Disability

     

For many people throughout the world, getting Covid was only the start. The condition long Covid has affected hundreds of thousands, though official estimates still vary widely. In addition to physical symptoms, many with long Covid report that the condition hinders their ability to work the way they did before becoming sick. Many report difficulty in paying attention, problems with memory, and “brain fog.” Even children are affected by the condition.

In light of this persistent problem, the federal government has made moves to expand disability coverage to include long Covid sufferers. President Biden made the announcement in July as part of the country’s celebration of the 31st anniversary of the passage of the Americans with Disabilities Act (1990). The Department of Education moved to provide guidance as well for what accommodations schools would be required to provide students with the condition.

The change in disability coverage, however, is not a blanket change, and the determination of whether a person’s long Covid symptoms qualify remains on an individual basis. The Department of Health and Human Services has provided helpful guidance as has the Department of Education.

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The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

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