Covid Disability Insurance Litigation Is Coming

Litigation against insurance companies for failing to pay disability benefits to people who can no longer work after having Covid-19 is on the way, attorneys say, the cases just take time to gain momentum.

Deadline extensions from the Labor Department, difficulty getting medical records from doctors reeling from the public health emergency, and many people still working from home has drawn out an already lengthy internal appeals process beneficiaries must go through with an insurer before they can take their case to court.

While the delay has stalled litigation for now, disability insurance lawyers expect to see more cases filed in the future, as people return to their offices after periods of telework and learn how Covid might affect their ability to work in the long term.

‘You’re getting these long haul Covid type cases now and the symptoms are just really unknown, and whenever I’ve seen cases where it’s hard to match symptoms to a specific etiology of a disease, I’ll notice claims like that getting denied,’ said Chris Roy, owner of Roy Law Group in Portland, Ore., who represents claimants.

‘There will be cases filed and they will be litigated, and there will be case law that will help flesh it out, but it’s just too early in the process.’

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