Long COVID is not going away, and for more than a million Americans who still cannot work because of it, neither is the struggle to get the disability benefits they are owed. These are people with real symptoms, real limitations, and very real financial pressure, yet insurers continue to deny claims, pointing to a so-called lack of “objective” evidence.
We see what insurers are doing, and we are not letting it stand.
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What Happens When the Lab Tests Do Not Tell the Full Story
If you are living with long COVID, you already know how difficult it can be to explain what you are feeling, let alone prove it on paper. Fatigue. Brain fog. Unpredictable crashes. These are not things that show up neatly on an MRI.
Unfortunately, insurers often seize on that gap. If there is no definitive test result, they argue there is no disability. We have been fighting this kind of logic for years in cases involving chronic pain, mental health, and other so-called “invisible” conditions. Long COVID is just the latest excuse for denial.
When Claims Get Denied, the Playing Field Is Not Level
Without strong legal representation, insurers stay in control. We change that.
Over the years, our firm has taken disability cases all the way to the U.S. Courts of Appeals and won rulings that changed the game for people nationwide. A few we are especially proud of include:
- Ladd v. ITT Corp. — We called out the hypocrisy of an insurer using a client’s Social Security win against them. The court agreed.
- Herzberger v. Standard Insurance — We fought for a fairer standard of review and won a ruling that helped level the field for future claimants. The Supreme Court adopted Herzberger’s rationale ten years later in the case of Metropolitan Life Insurance Company v. Glenn.
- Holmstrom v. MetLife — When an insurer dismissed our client’s pain as “just subjective,” we proved that pain deserves to be taken seriously.
- Scanlon v. LINA — We showed that even a highly skilled IT engineer could not work through chronic sleep and pain issues. The evidence was undeniable.
Why We Focus Exclusively on These Cases
At its core, our work is about restoring balance in a process that is stacked against people.
We have built our careers on ERISA, disability, and life/AD&D claims. This is not a side project or an occasional case, it is all we do. We know the insurers, we know the policies, and we know what it takes to push back. Not just with letters and paperwork, but with precedent-setting litigation that makes a difference.
If You Are a Professional Facing an Extended Absence from Work Due to Long Covid, Do not Wait
We worked with countless high-achieving professionals – surgeons, attorneys, finance execs—who never thought they would need to file a disability claim. And when they did, they assumed their claim would be taken seriously.
But insurers do not play fair, especially when your symptoms cannot be captured on a scan.
If you are struggling to work, or if your claim has already been denied, come talk to us. The sooner you act, the better your chance of protecting your income, your career, and your peace of mind.
Let’s Take the Next Step
You paid into your policy. You followed the rules. And now the insurer is saying no.
At DeBofsky Law, we set the precedent and lead the charge in making sure insurers play fair.
Let’s talk.
