Landmark Rulings Recognize Long Covid and ME/CFS as Physical Illnesses — Not Psychological Disorders
German Courts Open Path to Disability Rights for Post-Viral Patients Following Breakthrough Legal Decisions
Two German social courts have ruled that Long Covid and ME/CFS (Myalgic Encephalomyelitis/Chronic Fatigue Syndrome) are not psychological disorders — a significant legal milestone for those affected by post-viral illnesses. These rulings challenge previous classifications and could pave the way for broader recognition of disability rights for thousands.
One of the key cases was won by 34-year-old Pia Lingen (name changed) from Teltow, who developed ME/CFS following a COVID-19 infection in late 2021. Despite a complex array of symptoms — including exhaustion, cognitive impairment, sleep issues, asthma, and circulatory problems — the local social welfare office had only recognized a degree of disability (GdB) of 40, insufficient for full legal protections.
However, the Social Court of Potsdam overturned that decision and granted her a GdB of 50, officially recognizing her as severely disabled. This qualifies her for vital support, including additional leave, tax benefits, early retirement, and stronger protection from dismissal — especially important given her fluctuating condition.
The court emphasized that ME/CFS is not a mental illness, directly opposing the classification previously used by the social welfare authority. Instead, it should be assessed under the category for multisystem diseases, which rely on individual functional impairment rather than rigid diagnostic tables.
Attorney Friedrich Alexander Barthel, who represented Lingen, called the decision a “breakthrough” with potential precedent-setting impact. He noted the court’s insistence on a “holistic assessment” of medical records — including those from treating physicians — rather than relying solely on brief evaluations by state-appointed medical experts, which often miss the fluctuating nature of these illnesses.
These rulings may lead to broader legal recognition of post-viral conditions in Germany and signal a shift in how disability rights are granted to people with complex, often misunderstood diseases like ME/CFS and Long Covid.
