How long Covid intersects with disability policy

Delivered every Monday by 10 a.m., Weekly Shift examines the latest news in employment, labor and immigration politics and policy.

Nov 21, 2022 View in browser   By Nick Niedzwiadek QUICK FIX LONG-TERM TROUBLES: The world is only a few weeks away from the third anniversary of the emergence of a mysterious disease that would soon come to be known as Covid-19 and spread across the globe. There is now a sizable population of people — many of whom are working age — dealing with so-called long Covid symptoms that affect their lives in ways big and small. Last year the Department of Health and Human Services declared that long Covid can be classified as a disability under federal law, opening up a host of protections and accommodations that extend into the workplace. But attorneys, disability rights advocates and other specialists say there has long been gaps between what the law requires of employers and the on-the-ground-reality — barriers that those with long Covid are facing as well. "A lot of companies really are inflexible," Cheryl Bates-Harris, a senior disability advocacy specialist at the National Disability Rights Network, told Shift. "Many employers are just adamant that you have to be here at eight o'clock every morning and you have to stay until five o'clock, and if you can't do that then go find yourself another job." That rigidity might even increase moving forward as the economic picture dims, employers around the country are pulling back on pandemic-era remote work or flexible schedule policies, and major layoffs are hitting tech and other sectors. Those factors could push some Covid long-haulers out of the workforce and toward programs like Social Security Disability Insurance, which present its own complications. These payments, if approved, may only be a fraction of what a disabled individual previously earned. Plus disability programs often require extensive medical documentation to show a person meets eligibility criteria, and differing presentations of long Covid means these cases aren't exactly clear cut. "We have no real reference point on Social Security's policy, and there's no reason for delay on that," said David Camp, president of the National Organization of Social Security Claimants' Representatives. The Social Security Administration told POLITICO that roughly 44,000 disability claims have referenced a prior Covid infection, though it is not necessarily the reason for the application. But that number is expected to increase. T.J. Geist of Allsup, a company that helps people file for disability, said in recent months about 4 to 5 percent of the new claims it has handled have been Covid-related. GOOD MORNING. It's Monday, Nov. 21. Welcome back to Morning Shift, your go-to tipsheet on employment and related immigration news. Send feedback, tips, and exclusives to emueller@politico.com and nniedzwiadek@politico.com . Follow us on Twitter at @eleanor_mueller and @nickniedz . PROGRAMMING NOTE: Shift will be off this Friday for Thanksgiving but back to our normal schedule on Monday, Nov. 28.   GO INSIDE THE MILKEN INSTITUTE FUTURE OF HEALTH SUMMIT: POLITICO is featuring a special edition of our "Future Pulse" newsletter at the 2022 Milken Institute Future of Health Summit from Dec. 6 to 8. The newsletter takes readers inside one of the most influential gatherings of health industry leaders and innovators solving the biggest global health issues to ensure a healthier, more resilient future for all. SUBSCRIBE TODAY TO RECEIVE EXCLUSIVE COVERAGE .     Want to receive this newsletter every weekday?  Subscribe to POLITICO Pro . You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. Driving The Day LIVING ON THE EDGE: We're waiting on the results for the two largest labor unions involved in the freight railroad negotiations to announce results sometime today. It is an open question whether members of the SMART Transportation Division and Brotherhood of Locomotive Engineers and Trainmen will ratify their tentative agreements. Multiple other unions have already rejected their proposed contracts, and if one or both of these two follow suit, the risk of a monumental strike would ratchet up significantly. The White House is keeping a close tab on the situation, and Congress ultimately has the power to intervene and impose contract terms on holdout unions — a move fraught with political ramifications — as POLITICO's Tanya Snyder and Alex Daugherty reported this weekend . Eleanor Mueller and Nick Niedzwiadek/POLITICO On the Hill LUCY AND THE FOOTBALL: The Senate HELP Committee continues to experience a series of false starts in its attempt to take up a group of Biden's labor nominees in recent months. Amid the post-midterms merry-go-round for leadership posts last week, it once again abruptly put off a scheduled meeting intended to hold vote on the nominations of Jessica Looman (Wage and Hour Division), Karla Gilbride (Equal Employment Opportunity Commission) and Moshe Marvit (Federal Mine Safety and Health Review Commission). The next date has yet to be announced. A Democratic committee aide said "unforeseen scheduling conflicts" scuttled last Wednesday's meeting. SPEAKING OF HELP: K Street is optimistic about developing a productive working relationship with Sen. Bill Cassidy (R-La.) if he leads Republicans on the HELP committee, our Megan Wilson reports for Pros . "Several people told POLITICO that anyone looking to influence Cassidy needs to make sure they're beefed up on the details, and prepared to potentially get pulled into other discussions." "If you come in for a meeting with him – he's well prepared, and he's going to raise very technical issues with you. He's not just going to wave away, and say 'Oh, that makes sense,'" a former Cassidy staffer said. — Amanda Lincoln is set to be the staff director for HELP Committee Republicans next congress, our Ben Leonard reports for Pros . She is health policy director for Sen. Susan Collins (R-Maine). Around the Agencies DOL REWRITING INVESTMENT SELF-CORRECTIONS: The Labor Department on Friday proposed making it less cumbersome for retirement plans to address late contributions and other errors. The Employee Benefits Security Administration released a proposed rule that would enact a self-correction mechanism to the Voluntary Fiduciary Correction Program for certain mistakes, rather than having to go through the formal DOL process. The proposal would require corrections within a 180-day window and lost earnings must be below $1,000 to qualify, among other requirements. EBSA head Lisa Gomez told reporters Friday the agency is hopeful the change would streamline the process somewhat and free up resources for other priorities. It's also one of her first significant public actions since she was confirmed at the end of September. NLRB FEELS THE HEAT: The National Labor Relations Board "will likely be forced to pursue furloughs" if its funding isn't boosted in the next congressional spending deal, the agency's top officials warned Friday. "At this point, the Agency has exhausted its ability to absorb cost increases through staff attrition and operational efficiencies," board Chair Lauren McFerran and General Counsel Jennifer Abruzzo said in a letter to key congressional appropriators. McFerran and Abruzzo's appeal makes public what the NLRB had been signaling behind-the-scenes in communications with the unions who represent agency staff, as Shift detailed last week . Unions JUDGE ISSUES SPLIT JFK8 RULING: A federal judge on Friday ordered Amazon to not retaliate against employees who engage in workplace activism, while stopping short of fully embracing arguments made by NLRB attorneys. Judge Diane Gujarati ruled that there is "reasonable cause to believe" the company violated the National Labor Relations Act when it fired an employee, Gerald Bryson, at its Staten Island JFK8 facility amid a protest campaign in the early parts of the Covid-19 pandemic. (Bryson has since become a leader in the Amazon unionization push, though the company claims he was fired for demeaning a female co-worker.) She also ordered Amazon to circulate her order to other JFK8 employees, but rejected the NLRB's request that Bryson be reinstated. An interesting wrinkle: Gujarati is a Trump appointee, but she was first nominated to the bench by former President Barack Obama — with the blessing of New York's two Democratic senators.   IN THE STATES BUFFA-LOTTA SNOW: A union vote at an upstate New York video game company was thrown off by a Buffalo-area blizzard that dumped enough snow to literally tower over a full-grown adult . As the storm was hitting Thursday, the NLRB, which has one of its regional offices in the city, announced it would schedule the vote count for another time. Ironically enough, the game studio involved is named Blizzard Albany, following a rebranding earlier this year . Separately the parent company, which opposes unionization, had also asked the NLRB to impound ballots while it challenges the validity of the prospective bargaining unit. Immigration ADVOCATES PRESS DHS ON WORKERS RIGHTS: More than 330 immigration groups and other rights organizations signed onto a letter calling on Homeland Security Secretary Alejandro Mayorkas to release promised guidance bolstering protections for migrant workers combating workplace abuses. "We have long seen how workers' vulnerability to deportation impedes their ability to speak out about labor violations and build power on the job, which in turn drives down wages and working conditions and undermines the enforcement of our country's core labor standards to the detriment of all workers," states the letter, led by the National Immigration Law Center . Signatories asked DHS to issue guidance that would clarify the types of circumstances in which a worker could be shielded from immigration proceedings if they witness or experience labor exploitation. More immigration news: " Democrats confront bleak odds for immigration deal before 2023 ," from POLITICO Pro. What We're Reading — " For 'hardcore' workers, sleeping at the office makes a comeback ," from The Washington Post. — " Billionaires like Elon Musk want to save civilization by having tons of genetically superior kids. Inside the movement to take 'control of human evolution.' " from Business Insider. — " An iPhone Factory Needs Workers. The Chinese Government Wants to Help ," from The New York Times. — " California recovers pandemic job losses amid economic woes ," from The Associated Press.   POLITICO APP USERS: UPGRADE YOUR APP BY DECEMBER 19! We recently upgraded the POLITICO app with a fresh look and improved features for easier access to POLITICO's scoops and groundbreaking reporting. Starting December 19, users will no longer have access to the previous version of the app. Update your app today to stay on top of essential political news, insights, and analysis from the best journalists in the business. UPDATE iOS APP – UPDATE ANDROID APP .     THAT'S ALL FOR SHIFT!   Follow us on Twitter Eleanor Mueller @eleanor_mueller Nick Niedzwiadek @nickniedz   Follow us

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