7/26/2023 0 Comments Brain fog covid symptomThe definition also covers individuals with a “record of” a substantially limiting impairment or those “regarded as” having a physical impairment (whether substantially limiting or not). This guidance addresses the “actual disability” part of the disability definition. 10Ī person with long COVID has a disability if the person’s condition or any of its symptoms is a “physical or mental” impairment that “substantially limits” one or more major life activities. These laws and their related rules define a person with a disability as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual (“actual disability”) a person with a record of such an impairment (“record of”) or a person who is regarded as having such an impairment (“regarded as”). Yes, long COVID can be a disability under the ADA, Section 504, and Section 1557 if it substantially limits one or more major life activities. Can long COVID be a disability under the ADA, Section 504, and Section 1557? Some people also experience damage to multiple organs including the heart, lungs, kidneys, skin, and brain.Ģ. Fast-beating or pounding heart (known as heart palpitations).Shortness of breath or difficulty breathing.Difficulty thinking or concentrating (sometimes called “brain fog”).8Įxamples of common symptoms of long COVID include: What is long COVID and what are its symptoms?Īccording to the Centers for Disease Control and Prevention (CDC), people with long COVID have a range of new or ongoing symptoms that can last weeks or months after they are infected with the virus that causes COVID-19 and that can worsen with physical or mental activity. The civil rights protections and responsibilities of these federal laws apply even during emergencies. This document focuses solely on long COVID, and does not address when COVID-19 may meet the legal definition of disability. This guidance also provides resources for additional information and best practices. 5Įach of these federal laws protects people with disabilities from discrimination. Section 504 of the Rehabilitation Act of 1973 (Section 504), 4Īnd Section 1557 of the Patient Protection and Affordable Care Act (Section 1557). This guidance explains that long COVID can be a disability under Titles II (state and local government) and III (public accommodations) of the Americans with Disabilities Act (ADA), 3 In light of the rise of long COVID as a persistent and significant health issue, the Office for Civil Rights of the Department of Health and Human Services and the Civil Rights Division of the Department of Justice have joined together to provide this guidance. People with this condition are sometimes called “long-haulers.” This condition is known as “long COVID.” 2 This can happen to anyone who has had COVID-19, even if the initial illness was mild. Although many people with COVID-19 get better within weeks, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time.
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