Can I Obtain Disability Benefits for a Respiratory System Disorder?

Posted on behalf of Dayes Law Firm PC on Apr 09, 2020 in Qualifying Conditions

disability benefits for respiratory disordersIndividuals with respiratory disorders suffer from breathing problems that often prevent them from being able to work and even struggle to complete simple daily tasks. Applicants who apply for disability due to severe breathing issues may be more likely to be approved for benefits as long as certain requirements are met.

Our licensed Phoenix Social Security Disability lawyers at Dayes Law Firm are available to review your situation in a free legal consultation. We are prepared to help guide you through the claims process.

Qualifying for Social Security Disability Benefits

According to the Social Security Administration (SSA), a person’s disabling condition must be serious enough to prevent him or her from working and be expected to last at least 12 months or result in death. Applicants must also meet the requirements of a disability listing in Social Security’s Blue Book.

Although respiratory disorders are listed amongst other medical impairments, it can be difficult to meet the SSA’s requirements in order to obtain disability benefits. This is why you need a lawyer by your side.

To make a determination on claims based on respiratory conditions, the SSA will factor in the following:

  • How long the applicant has had the condition
  • How long the condition is expected to last
  • Forms of treatment that have been done or could be done
  • How the applicant has responded to treatment

To have a chance at qualifying for disability benefits, it is important that you continue to receive medical care and follow all prescribed treatments during the claims process.  

Types of Respiratory System Disorders

Some respiratory system disorders that may generally qualify for Social Security Disability include:

  • Acute Respiratory Disease
  • Asthma
  • Chronic Obstructive Pulmonary Disease (COPD)
  • Cystic Fibrosis
  • Emphysema
  • Lung cancer
  • Pulmonary embolism

If you suffer from asthma, you must be able to show how it affects your day-to-day activities and your ability to perform work. The SSA may consider you completely disabled if you are undergoing treatment for asthma and still continue to have serious asthma attacks that require hospitalization at least once every two months or have six or more asthma attacks every year.

Even for applications with emphysema, which causes damage to the lung tissue and is often accompanied by a chronic cough, you would need to show that you are following doctor’s orders, including participating in any treatment plan and taking prescribed medications.

Medical Evidence Needed to Support Your Claim

Filing a claim for disability benefits requires that you submit medical evidence of your respiratory condition so that the SSA can determine if you qualify.

This evidence should include a medical report from your treating doctor that details your diagnosis, as well as lab tests, imaging scan results, and results from required surgeries that support your diagnosis.

Be sure to also provide your treatment plan, a list of medications you are currently taking and provide details if you have experienced certain side effects since following treatment. The more information you provide will allow the SSA to better understand your condition and how it impacts your ability to work.

Medical-Vocational Allowances for Respiratory Conditions

In the event that your respiratory condition does not meet the listing requirements for disability benefits, you may still be able to qualify under medical-vocational allowance.  

A medical-vocational allowance will consider an applicant’s age, education, work experience, and residual function capacity (RFC) to decide whether he or she can perform full-time work. Your RFC is an account of the capabilities, both physical and mental, that you have despite your limitations.

Our Disability Lawyers Are Ready to Help

If you have a respiratory issue and need help applying for disability benefits, you should consider contacting a disability lawyer from our firm today. We are prepared to help you gather all of your medical records to strengthen your claim or file an appeal on your behalf if your claim is denied.

Your initial consultation is free. There are no upfront fees and we only bill you when we help you obtain the benefits you need.

We are available anytime to take your call. 1-800-503-2000.

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