For the millions of Americans navigating the aftermath of a SARS-CoV-2 infection, the term “recovery” has become a painful misnomer. Long COVID, medically known as Post-Acute Sequelae of SARS-CoV-2 (PASC), has transformed from a poorly understood post-viral syndrome into a leading cause of long-term disability (LTD) among working professionals.
However, despite the growing body of medical research, the insurance industry continues to treat Long COVID with skepticism. If you are a high-level professional, an executive, or a dedicated employee whose cognitive and physical capacities have been decimated by this “invisible” illness, you may find yourself in a second battle: a fight against your own insurance provider.
Attorney Jonathan M. Feigenbaum has spent over three decades at the forefront of ERISA and disability insurance law. He understands that winning a Long COVID claim requires more than just a diagnosis: it requires a sophisticated legal strategy that marries cutting-edge medical evidence with aggressive advocacy.
The central conflict in Long COVID disability claims is the disparity between what the patient experiences and what the insurer “recognizes.” Insurance companies like Unum, Hartford, and MetLife rely on antiquated “objective evidence” standards designed for broken bones or visible tumors.
Side Effects of Long Covid
Recent medical research (as of 2025-2026) has identified several biological drivers of Long COVID that go beyond “fatigue.” These include:
- Microclots and Endothelial Dysfunction: Tiny blood clots that impair oxygen delivery to tissues, explaining why many patients feel “suffocated” even with clear lung scans.
- Mitochondrial Dysfunction: The “power plants” of the cells fail to produce energy correctly, leading to the bone-deep exhaustion characteristic of the condition.
- Neuroinflammation: Persistent inflammation in the brain that disrupts the blood-brain barrier, resulting in significant cognitive impairments or “brain fog.”
- Postural Orthostatic Tachycardia Syndrome (POTS): A dysfunction of the autonomic nervous system where standing causes a racing heart, dizziness, and fainting.
Why Insurers Ignore These Findings
Insurers often dismiss these symptoms as “subjective” or “self-reported.” These companies may argue that because a standard CBC blood panel or a routine MRI is “normal,” there is no “objective” proof of disability. This is where the expertise of a seasoned attorney like Jonathan Feigenbaum becomes indispensable.
Overcoming Objective Evidence
To win a Long COVID claim, you must “objectify” the subjective. Mr. Feigenbaum utilizes a multi-disciplinary approach to build a record that insurance companies and federal judges cannot ignore.
Neuropsychological Testing for Long Covid
For a lawyer or a CEO, “brain fog” isn’t just forgetfulness; it’s the inability to process complex data, sustain focus, or make high-stakes decisions. Mr. Feigenbaum works with top-tier neuropsychologists to perform extensive, multi-day testing. These tests provide concrete data on:
- Processing speed and executive function.
- Short-term and working memory.
- Sustained attention and cognitive endurance.
When a 15-page report shows a client has dropped from the 95th percentile to the 40th percentile in cognitive processing, the insurer’s “subjective” argument begins to crumble.
2-Day CPET: Proving Post-Exertional Malaise (PEM)
Post-Exertional Malaise is the hallmark of Long COVID. It is a “crash” that occurs after minor physical or mental effort. A standard exercise stress test won’t catch this. Mr. Feigenbaum often recommends a 2-day Cardiopulmonary Exercise Test (CPET).
- Day 1 establishes a baseline.
- Day 2 reveals the body’s inability to recover or repeat the performance.
This provides a “physiologic fingerprint” of disability that is nearly impossible for insurance doctors to rebut.
Why You Can’t Do This Alone
If your disability policy is provided by your employer, it is almost certainly governed by ERISA (the Employee Retirement Income Security Act). ERISA is a federal law that, ironically, provides more protection to insurance companies than to employees.
The Administrative Record Trap
Under ERISA, if your claim is denied, you must file an internal appeal with the insurance company. This is the most critical stage of your case.
The Legal Reality: If you lose your appeal and have to file suit under ERISA in the federal court, the judge typically looks at only the evidence submitted during the appeal. You cannot add new doctor notes or test results later.
Jonathan Feigenbaum ensures that the administrative record is “loaded” with every piece of favorable evidence, expert reports, vocational testimonies, and personal affidavits before the window closes.
Challenging IE Reviews
Insurers frequently pay “independent” medical examiners to review your file. These doctors never meet you—they simply look at your records and conclude that you can work. Mr. Feigenbaum aggressively cross-examines these reports, pointing out how they ignore the fluctuating nature of Long COVID and the specific demands of your high-level occupation.
The Mental-Nervous Limitation
A common tactic insurers use is to re-classify Long COVID as a psychological condition (depression or anxiety). Why? Because most LTD policies limit benefits for mental-nervous disorders to just 24 months.
Long COVID is a physiological, multi-systemic disease. Mr. Feigenbaum works with neurologists, cardiologists, and immunologists to prove that while a patient may be depressed because they are sick, the underlying disability is biological. He fights to ensure your claim is classified as a physical disability, which typically pays benefits until age 65 or Social Security Normal Retirement Age.
Professional and Vocational Impact
Many LTD policies have an “Own Occupation” definition of disability. For a surgeon, a software engineer, or a trial attorney, the ability to perform “some work” is irrelevant if they cannot perform the specific, high-stress duties of their job.
Jonathan Feigenbaum collaborates with Vocational Experts to create a detailed analysis of your job’s “Material and Substantial Duties.”
- Does your job require 10 hours of screen time?
- Does it require rapid-fire verbal communication?
- Does it involve managing millions of dollars in assets?
By proving that Long COVID makes these specific tasks impossible, Feigenbaum bridges the gap between medical impairment and vocational inability.
Why Hire Jonathan M. Feigenbaum?
Choosing the right legal representation is the single most important decision you will make in your disability journey.
- 30+ Years of Experience: Mr. Feigenbaum has seen every trick in the insurer’s playbook.
- A National Reputation: Based in Boston but representing clients across the U.S., he is a Senior Editor of the leading treatise on employee benefits law (Bloomberg BNA’s Employee Benefits Law).
- Thorough Approach: From analyzing your specific policy language to hiring the right medical experts if your treating physicians are not good enough for you, he handles the heavy lifting so you can focus on recovery.
- Personalized Attention: You aren’t just a case Mr. Feigenbaum understands the emotional toll of having your integrity questioned by an insurance adjuster.
Long COVID LTD Claims – (FAQ)
Q1. I don’t have a positive PCR test from my initial infection. Can I still win?
Yes. During the early waves of the pandemic, testing was not always available. Clinical diagnoses based on symptoms and medical history are valid. Jonathan M. Feigenbaum uses “longitudinal evidence””, the story of your health over time, to prove the onset of your disability.
Q2. The insurance company said I can do “sedentary work.” How do we fight this?
“Sedentary” doesn’t just mean sitting in a chair; it does not meanhaving the cognitive stamina to stay on task for 8 hours. If “brain fog” prevents you from focusing and staying on task minutes, you cannot perform sedentary work, or light duty work or heavy duty work. Few occupations can be fulfilled by someone with a wandering mind.
Q3. What is the “Any Occupation” shift?
Many policies pay benefits for two years if you can’t do your job, but after 24 months, you must prove you can’t do any job. This is a common point for denials. We prepare for this shift years in advance by documenting the severity and permanence of your symptoms.
Q4. Can I work part-time while on LTD?
This depends entirely on your policy’s “Residual Disability” or “Partial Disability” clause. Some policies allow it; others will use it as evidence that you aren’t truly disabled. You should never attempt a “return to work” or part-time schedule without consulting with Mr. Feigenbaum first.
Q5. What does it cost to hire an LTD attorney?
Most of our cases are handled on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we successfully recover benefits for you. This aligns our interests: we fight to win. Other fee agreements are available too.
Secure Your Future Today
Long-term disability benefits are often the only thing standing between a Long COVID patient and financial ruin. Do not let a multi-billion-dollar insurance company bully you into a corner.
If you have received a denial letter or if you are considering filing a claim and want to ensure it is done correctly the first time, reach out to the Law Offices of Jonathan M. Feigenbaum.
Take Action Now: A single phone call can change the trajectory of your case. Let an authoritative voice in ERISA law speak for you. For a complimentary consultation, call 617-357-9700.
