Disability Claims Face Troubled Path

While the open-door policy of the UCLA clinic may be good news for Long Covid and autoimmune disease sufferers, a look into the legal world involving disability claims for patients provides an unfortunately different view.

Although President Biden declared last year that the road had been cleared for Long Covid patients to file federal disability claims, most have found the process difficult. The average case takes two years to adjudicate and only about 54 percent of all disability cases are decided in favor of the person filing the claim.

“Not only that, but there are still judges who don’t believe any of the ‘syndromes’ really exist,” said Judge Henry Koltys, a Santa Barbara-based Administrative Law Judge for the Social Security Administration. “There are judges who rarely rule in favor of anyone with a disease like fibromyalgia.” Judge Koltys, whose son, Drew, committed suicide after suffering for 15 years from depression and extreme fatigue created by an autoimmune disease, was candid about the challenges facing SSA judges.

“We’re not doctors and we have difficulty getting medical specialists, like a rheumatologist, to testify as an expert witness so we can understand some of these diseases,” he said. “The system isn’t working well in this regard. If you have an autoimmune disease like Long Covid, Lupus, or Chronic Fatigue Syndrome, winning a disability claim can be difficult because objective evidence is required.”

As with the medical profession, the judiciary is hesitant to embrace new concepts. Ironically, in these fact-based, highly complex arenas, sometimes it isn’t government officials or highly placed doctors or lawyers who can shed light on a new pathway. It is often a celebrity, campaigning for a cause and catching the imagination of the media and the public, who can help bring about change.

“It’s strange when you think about it, but it’s often true,” said Judge Koltys. “Those who can capture the attention of the public can sometimes get important things accomplished.” As unlikely, and perhaps as unsettling, as it might seem, it may take an A-list actor to melt this iceberg in the judicial system.