Thursday, September 29, 2022

Can A Person With Copd Get Disability

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What Medical Conditions Qualify For Short

COPD and Disability

To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.

To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.

Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.

Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:

An employee is entitled to payment of a short-term disability benefit if that employee proves that:

  • the employee became totally disabled while covered
  • the total disability has continued beyoned the elimintation period
  • the employee has been following appropriate treatment for the disabling condition

An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.

Gathering Proper Medical Evidence

You will have to undergo a spirometry test in order to prove that you have chronic asthmatic bronchitis and meet the listing requirements for asthma. This kind of test measures how much air you breathe both in and out and the rate at which you breathe. The disability requirements stipulate that you must measure how much air you are able to force out in one second. You will also need to prove to the SSA that you have been experiencing the required symptoms for 12 consecutive months, via medical records showing hospitalizations, treatments you received and testimony from your doctor in regards to your compliance towards treatment for asthma.

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Applying For The Disability Tax Credit

You’ll have to complete a form to apply for the disability tax credit.

A doctor or other medical professional will need to complete part of the form. Who you get to complete the form depends on your disability. For example, a physiotherapist can complete the form if your disability makes it hard to walk.

The medical professional may charge you a fee for filling out the form. You’re responsible for paying the fee. You must send the completed form to CRA for approval.

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What Medical Conditions Qualify For Long

Most medical conditions can qualify for long-term disability. However, some long-term disability plans will exclude certain medical conditions.

Assuming you dont have an excluded condition, then you can qualify for long-term disability benefits if your medical conditions prevents you from doing your regular work. You wont qualify to apply right away. Most long-term disability plans require you to be continuously disabled for a number of weeks before you are eligible to apply. This called the waiting period or elimination period.

The most common length of the waiting period is 17 weeks, but this can be different for each disability plan.

Most long-term disability plans have a two tier requirement for disability. For the first 2 years you can qualify for benefits if your medical condition prevents you from doing your regular work.

However, after 2 years, you can only qualify for long-term disability benefits if your medical conditions prevents you from doing any gainful work .

Following is an example of a long-term disability requirement fround in a group long-term disablity plan. This is only an example and these requirements and wording vary from plan to plan.

An employee is entitled to payment of a long term disability benefit if the employee presents proof of claim acceptable that:

  • the employee became disabled while covered
  • total disability has continued beyond the elimination period
  • the employee has been folloing appropriate treatment for the disability condition

When Is It Possible To Qualify For Disability With Emphysema

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To obtain financial support, you must meet the Social Security Administrations listing requirements for chronic pulmonary insufficiency or you must show why your emphysema would prevent you from working on a regular and continuing basis. As this condition progresses, it is more likely that a person will qualify for SSI or SSDI, since there is no cure for the condition. Qualifications typically fall under the 3.00 Respiratory Disorders Adult listing criteria.

Often, this starts with severe symptoms such as:

· Shortness of breath progressing to extreme shortness of breath

· Respiratory infections

Some people may be approved for SSI with chronic pulmonary insufficiency automatically if they meet the requirements. This will depend on doctors restrictions and a persons ability to work. Most often, automatic approval occurs when a person has chest x-rays or other imaging testing that shows the presence of advanced disease. Even if one does not meet the listing, it may be possible to get approved based on the inability to work on a regular and continuing bases. SSA looks at all your conditions, so if an applicant has other conditions in addition to emphysema, they still may qualify.

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What Is Residual Functional Capacity

Residual functional capacity measures how much your condition hinders your ability to work. The SSA will first look at how your condition hinders your ability to do your current or most recent job. Next, they will look at how your condition affects your ability to do any job. If your condition prevents you from working a job that you might qualify for, you may be approved for benefits.

Why Should I Hire An Attorney

While it is possible to file for and receive Social Security Disability benefits without an attorney, the process can be complex and confusing. The initial stages involve a significant amount of paperwork that can be overwhelming, especially for someone who is suffering from a disabling physical or mental condition. And, as most people are not awarded benefits until the hearing stage, having an attorney experienced with this process can help ensure that all your paperwork is correctly completed, all your medical records are collected and properly submitted and that you are properly prepared for the hearing. An attorney can also ensure that a proper record is made so that you will be able to appeal all unfavorable decisions. In fact, having an experienced attorney will better your chances of winning Social Security Disability benefits. Lastly, it is easy to say the wrong thing or present your claim in a way that may hurt you later. We have the experience and knowledge to present your case for your best advantage. Contact us today for a free consultation. We are happy to answer any questions you may have about this process.

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Can I Get Disability For My Emphysema

If you suffer from severe emphysema, you may be approved automatically for disability benefits if you either meet the Social Security Administration’s listing requirements for COPD , or if your doctor’s restrictions on what you can do limit you so much that there are no jobs left for you to do.

To determine whether you meet the COPD listing, the SSA will give you a test designed to evaluate your lung function called a spirometry test. Even if your doctor has given you this test before, the SSA requires that you undergo a new exam administered by one of its doctors, at what’s called a consultative exam. The spirometry test monitors how much air is exchanged when you breathe and the rate at which you breathe. The spirometry test required for emphysema suffers will specifically measure how much air you can force out in the first second of an exhalation .

For automatic approval for your emphysema, you’ll also have to provide the SSA with a chest x-ray or other diagnostic imaging test that shows the disease. For more information on the specific listing requirements, see our article on chronic pulmonary insufficiency. This article also discusses how you can get disability benefits for emphysema based on your doctor’s restrictions on what you can do.

Can I Get Disability For Lung Disease Or Breathing Problems

Can I get Disability Benefits if I Suffer from Chronic Lung Disease?

So can you get disease for lung disease or other breathing problems?

The short answer is that yes, you can qualify for disability for lung disease and breathing problems, but the criteria are strict.

An experienced North Carolina disability lawyer can help improve the chances that you are approved for disability for lung disease or breathing problems. In fact, studies show that those represented by an attorney are approved on average 60 percent of the time, while those who represent themselves are only approved roughly 34 percent of the time.

For a FREE consultation with an experienced disability lawyer handling claims in North Carolina, including Raleigh, Durham, Fayetteville, Charlotte, Goldsboro, Greenville, Jacksonville and Wilmington, please call 1-800-525-7111.

You may qualify for disability for lung disease or another breathing problem and we would love to help you if we can.

-Scott Scurfield, attorney and Board-Certified Specialist in Social Security Disability

There is no obligation and you wont pay any attorney fees unless we get you the disability benefits you need and deserve.

Call 1-800-525-7111 today and lets talk.

Our team is led by a Board-Certified Specialist in Social Security Disability. Attorney Scott Scurfield has passed a rigorous exam and met stringent requirements, and the NC State Bar has recognized his experience and expertise in this area of practice.

I would recommend Riddle & Brantley to anyone who needs help with disability.

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Regular Reviews And Monitoring

You’ll have regular contact with your care team to monitor your condition.

These appointments may involve:

  • talking about your symptoms such as whether they’re affecting your normal activities or are getting worse
  • talking about your medicine including whether you think you might be experiencing any side effects
  • tests to monitor your health

It’s also a good opportunity to ask any questions you have or raise any other issues you’d like to discuss with your care team.

Contact your GP or care team if your symptoms get suddenly worse or you develop new symptoms between checkups.

Disability Benefits For Veterans

You may be eligible for disability benefits if youre on disability from your service in the Canadian Armed Forces or Merchant Navy.

You may get social assistance payments from:

  • your province or territory
  • your First Nation

These payments will depend on your household income, savings and investments.

You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:

  • medications

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Money And Financial Support

People with COPD often have to give up work because their breathlessness stops them doing what they need to do for their job.

If you’re unable to work, there are several benefits you may be eligible for:

You may be eligible for other benefits if you have children living at home or if you have a low household income.

Meeting A Blue Book Listing

How and Why You Should Apply for Disability Benefits With COPD

You may also qualify for disability benefits by meeting a listing in the Blue Book, which is the SSA catalog of disabling impairments. COPD is evaluated under Listing 3.02- Chronic Pulmonary Insufficiency.

You will generally meet the listing if a pulmonary function test shows that your FEV1, which is the amount of air you exhale in a single second, is equal to or less than a certain amount determined by your height.

For example, if you are over six feet tall and your FEV1 is 1.65 liters or less, you will meet the listing. If you are less than five feet tall and your FEV1 is 1.05 or less, you will also be found disabled.

Meeting the Blue Book’s eligibility criteria is a great way to qualify, even if you’re over age 50. Here’s a little more information on how to qualify with COPD.

If you have COPD and are thinking of applying for disability benefits, speak with a Social Security attorney or advocate. The application process can be complicated, and support from a trained and qualified professional will improve your chances of a successful application, thereby giving you the best chance of getting the benefits that you need.

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Get Help Securing Your Social Security Disability Benefits For Copd

If your claim for disability benefits for COPD was initially rejected by the SSA, you can appeal their decision. The Social Security disability attorneys at Marc Whitehead & Associates have helped individuals all over the U.S. obtain the SSDI and SSI benefits they need, even after their claim was denied. We know exactly what medical criteria the SSA requires for a particular medical condition and can put together an appeal that fully demonstrates the extent of your disability and how it prevents you from working any type of job.

Dont miss out on the SSI or SSDI benefits you deserve. Contact the law offices of Marc Whitehead & Associates to discuss your case.

About Marc Whitehead

How Respiration Occurs

Red blood cells must be brought as closely as possible to the air we breathe, so that hemoglobin in the cells can give up waste carbon dioxide from cellular metabolism and take on oxygen. To accomplish this, the lungs have millions of tiny air sacs with very thin walls containing microscopic blood vessels . This anatomy of the lungs allows exposure of a large surface area of the blood to the air. Oxygen and carbon dioxide gases diffuse across the one cell thick alveolar membrane in opposite directions with the oxygen entering the blood and the carbon dioxide leaving it. This process is known as gas exchange.

Figure 1: Bronchi and lungs.

The gas exchange part of the lungs is known as the lung parenchyma . Air is delivered to the parenchyma of the lungs through the bronchial tree a repetitively branching tubular system for air conduction. It consists of the trachea, from which arises a right and left main bronchus to the right and left lungs. Smaller bronchi branch from the main bronchus of the right or left lung, then to smaller bronchi to the various lobes of the lungs, then to even smaller bronchi that eventually reach the alveoli.

Figure 2: Mechanism of gas exchange.

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Stage 1 Copd Symptoms

COPD is often the last thing people consider when they have respiratory issues, but it’s important to pay attention to your symptoms and consider any warning signs you might have.

If you are or have been a smoker, have been exposed to lung irritants at home or work, or have had heavy exposure to other chemicals or pollutants, you need to be especially vigilant.

Here are the most common symptoms of Stage 1 COPD:

  • Slight airflow limitations
  • More mucus/sputum production in airways
  • Fatigue
  • FEV1 Value of at least 80% of normal

As you can see, stage 1 COPD symptoms are easy to mistake for a benign condition like allergies, the common cold, or a natural part of aging. COPD can be tricky that way, and that’s why it’s important to take these symptoms seriously and talk to a doctor as soon as possible. Especially if your symptoms are persistent.

How Long Does It Take To Get Disability Benefits For Copd

copd -a few facts

The length of the disability benefits application process can vary from person to person. The typical case will range from 3-6 months to hear the initial decision. If you are missing documentation the process can be extended. After the initial application, the next step is reconsideration. Again this process can vary in time from case to case, but you can expect 3 months to hear a decision.

The last step is an appeal that is heard in front of a judge. This stage has the highest chance of approval, but it can also take 1-2 years for a final decision. Once you have gone through the appeals process, this is the last stage and you will have the ultimate decision on your case.

To ensure that the process is as efficient as it can be, make sure that you have collected all of the evidence that you might need.

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Meeting The Copd Blue Book Listing Requirements For Social Security Disability

The Social Security Administration will evaluate your COPD against the requirements in their Blue Book of medical conditions. COPD requirements are found in Section 3.02 of the Blue Book. If your medical condition matches this section of the blue Book, you will automatically be approved for benefits.

The Blue Book COPD Requirements for Social Security Disability are:

  • a forced expiratory volume one that is equal to or lower to the minimum for your height, between 1.05 for those who are five feet and 1.65 or those who are six feet
  • a gas diffusion capacity of a single breath under 10.5 mil/min/mm Hg or a low amount of oxygen dissolved in the blood either during rest or exercise, as determined a low partial pressure of oxygen and high partial pressure of carbon dioxide .

Why Should You Apply For Social Security Disability Benefits

Why should I apply for Social Security disability benefits if my employer or insurance company is already paying benefits?

Those who do not know the answer to that question are shortchanging themselves. And so are employers who do not realize the lack of Social Security qualification is costing them a larger share of their employees disability benefits than necessary.

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