Winning Social Security Disability Benefits For Asthma By Meeting A Listing
To determine whether you are disabled at Step 3 of the Sequential Evaluation Process, the Social Security Administration will consider whether your asthma is severe enough to meet or equal the asthma listing. The Social Security Administration has developed rules called Listing of Impairments for most common impairments. The listing for a particular impairment describes a degree of severity that the Social Security Administration presumes would prevent a person from performing substantial work. If your asthma is severe enough to meet or equal the asthma listing, you will be considered disabled.
The listing for asthma is 3.03, which has two parts: A and B. You will be eligible for Social Security disability benefits if you meet either part.
Meeting Social Security Administration Listing 3.03A for Asthma
According to this listing, if you are diagnosed with chronic asthmatic bronchitis, you will be evaluated under the criteria for chronic obstructive pulmonary disease in listing 3.02A , which provides that a claimant is disabled if he or she has:
Meeting Social Security Administration Listing 3.03B for Asthma
A Social Security disability claimant with asthma meets listing 3.03 and is disabled if he or she has:
Attacks of asthma are defined as:
Does The Ada Apply To People With Asthma And Allergies
Yes. In both the ADA and Section 504, a person with a disability is someone who has a physical or mental impairment that seriously limits one or more major life activities, or who is regarded as having such impairments. Asthma and allergies are usually considered disabilities under the ADA.
Major life activities include:
- Going to school
In 2008, the ADA was changed to include more people in the definition of disabled. Conditions that only show symptoms at certain times are now included. Asthma and allergies fit this definition. The ADA protects people with asthma and allergies even if reactions or attacks happen only when triggered. The ADA can help to create an environment where patients can avoid their triggers.
Also, use of medical aids or devices can no longer exclude them from ADA coverage. For example, it used to be that people with asthma who got relief from an inhaler were not covered by the ADA. The inhaler was thought to have removed the disability. With the 2008 changes, the ADA covers people with asthma and allergies even if medication controls their symptoms.
Pennsylvania Disability Attorneys Offering Free Consultations
If your claim has been denied or if you havent even submitted one yet the seasoned Pennsylvania disability attorneys of Young, Marr & Associates are here to help. Our firm is armed with more than 25 years of experience, and we have handled thousands of cases. No matter which stage of the application process youve reached, we have decades of experience and practical knowledge to help get you approved.
If you or someone you love is unable to work due to asthma in Pennsylvania, you could qualify for assistance. To get started exploring your options, call Young, Marr & Associates at 701-6519 in Pennsylvania, or contact us online. Your first consultation is free, so call now.
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When Your Asthma Makes It Impossible To Work
If your asthma doesnt meet a listing, you will have to prove that you:
- Cant return to the lightest job you held in the 15 years before you became disabled , and
- There isnt any other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity .
SSA or, ultimately an Administrative Law Judge, will answer those questions by determining your residual functional capacity. Your RFC is what you can do despite your asthma.
Can I Request A Reasonable Accommodation For Asthma
Sam* has lived with asthma most of her life. Her asthma was well-controlled, but she learned that strong cleaning agents used in her old office could trigger intense asthma symptoms.
There have been a couple of occasions where the carpets in the building I was located in were shampooed. We werent given notice, so when I showed up to work I would walk into a cloud of chemical smell that would often persist for several days.
Sams story isnt entirely unique. According to the American Lung Association, 1 of every 12 adults live with asthma, and nearly 22 percent of those adults say that their symptoms get worse from exposure to triggers at work.
If youre part of that 22 percent or you want to potentially avoid joining their ranks you may want to talk to your employer about reasonable accommodations for asthma under the Americans with Disabilities Act .
The ADA is a federal law passed by Congress in 1990, and is designed to protect against discrimination on the basis of disability in most areas of public life, including workplaces, schools, and public and private places that are open to the general public. Many states and cities have similarly enacted laws aimed at protecting individuals with disabilities from discrimination.
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Va Disability Rating For Asthma Explained
In this post, we will be exploring how to get a VA disability rating for asthma.
Ill also reveal 3 new insider tips to increase your VA rating for asthma, even if youve already filed or been denied.
In 2022, a veterans VA Rating for Asthma can be rated at 10%, 30%, 60%, or 100%.
Brian Reese THE VA INSIDER
So, lets take a minute to explore the law regarding the symptoms and impairment required to warrant a VA rating for asthma.
Many veterans suffer from various heart and lung conditions, to include Asthma.
In addition, numerous research studies have shown a link between bronchial asthma and obstructive sleep apnea there is a bidirectional relationship where each disorder adversely influences the other one.
A veterans final rating for asthma depends upon the frequency and severity of their symptoms, meaning, the more severe your symptoms, the higher rating.
Is Asthma Classified As A Disability Under The Ada
Whether asthma is classified as a disability under the ADA depends on the severity of the medical condition, the lawyers advocacy, the judge, and perhaps even the jury.
Judges have classified asthma as a disability in some cases and decided not to in others.
With cases that go to court, its never clear what will happen.
In court cases, judges sometimes decide lawsuits by just reading papers that lawyers present to the court.
These papers, known as briefs, contain the lawyers legal arguments on behalf of their clients.
The judge, after reading the briefs, can decide a case based on nothing more than papers that lawyers write no jury, no trial, just legal documents.
After the judge decides the case, the judge will issue whats called an opinion.
The opinion will state the relevant facts and give the reason why the court decided the way it did.
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What Are Burn Pits
Open-air burn pits are large areas of land that were used as a means of waste disposal on American bases in Iraq, Afghanistan, and Djibouti after September 11, 2001. The practice was effective in reducing large quantities of waste, but the pits emitted plumes of toxic smoke. The following materials have been linked to military burn pits:
- Human waste
As these materials were burned, harmful chemicals and toxic fumes were released into the atmosphere. As such, many veterans of Operation Enduring Freedom and Operation Iraqi Freedom have developed health conditions from hazardous exposures caused by the burn pits.
Sleep Apnea Secondary To Asthma
By law, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. See 38 CFR § 3.310.
Establishing service connection on a secondary basis requires evidence sufficient to show Medical diagnosis of Obstructive Sleep Apnea that the Sleep Apnea was either proximately caused by or proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 .
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 USCA § 5107 38 CFR § 3.102 see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 .
To service connect Sleep Apnea secondary to Asthma, youll need to get an Independent Medical Opinion Medical Nexus Letter to support the connection between Sleep Apnea and Asthma.
Recent medical research discusses the bidirectional relationship between sleep apnea and asthma and several studies support the finding of asthma worsening sleep apnea and vice versa.
There are direct mechanical effects of asthma worsening sleep apnea beyond its natural progression.
Heres a recent BVA case decision where a veteran got service connected for obstructive sleep apnea secondary to asthma.
Do I Have To Disclose My Asthma At Work
In order to receive accommodations, you do have to let your human resources department know about your condition.
Because her asthma was mostly under control, Sam initially chose not to disclose her condition to her boss. When cleaning agents started making her symptoms flare, though, she explained the situation to her supervisor and supplied documentation from her healthcare provider as well.
Your healthcare provider can help you figure out what information you need to share as it relates to your request for accommodation.
Disclosure can be tough for people with chronic conditions and disabilities who fear discrimination in the workplace. Even though Sam had medical documentation, her employer at the time didnt believe that her condition warranted a special accommodation. For safety reasons, Sam started using her sick leave when her symptoms flared, leading to more tension with her boss.
No one should be subjected to unlawful discrimination in the workplace . If youre concerned about potential discrimination on the basis of your condition, you may want to speak to your HR representative or other high-ranking manager to discuss the issue. If you believe the issue was not resolved and you were subjected to unlawful disability discrimination, you may also consider contacting the Equal Employment Opportunity Commission , the federal agency that enforces the ADA , to file a formal complaint.
How To Apply For Social Security Benefits If You Have Severe Asthma
My dad is one of the 24 million Americans who grew up with asthma. He is also allergic to pollen – which made working as a groundskeeper on a golf course pretty challenging. In May, hed sometimes be unable to work for a full week at a time.
My dad was able to manage his asthma and allergies with medication and a quick-relief asthma inhaler. He was never hospitalized due to an attack. Yet if his asthma was worse, he may have not been able to work at all.
If you or a loved one has severe asthma not controlled with medication, you may be too ill to earn a living. Fortunately, there are resources available if you qualify. The Social Security Administration offers help for people who are unable to work because of severe asthma.
How Can I Medically Qualify for Benefits?
When the SSA receives your application for disability benefits, it will compare your illness to its medical guide, known as the Blue Book. The Blue Book lists hundreds of disabilities that potentially qualify for benefits. The Blue Book also notes the required test results and/or symptoms needed for approval.
Asthma is listed in Section 3.00Respiratory. There are two ways to qualify:
Medically Qualifying Without the Blue Book
Older Americans have a better chance of approval. They are less likely to be retrained for a new position. If you havent gone to college, you will also have an easier time qualifying.
How Can I Start the Application Process?
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A Long Term Disability Attorney Can Help
Getting approved for long term disability for asthma can be challenging. Your insurance company may be skeptical of the severity of your symptoms, or not understand the ways your symptoms impair you from working.
Having an experienced long term disability attorney can go a long way in getting your benefits approved. A long term disability attorney will know how best to substantiate your asthma disability claim with the evidence your insurance company seeks.
Avoid fatal mistakes and get it right the first time by calling Riemer Hess LLC, Attorneys at Law, to arrange a consultation: 212-297-0700.
Listing 302 For Chronic Respiratory Disorders
COPD is evaluated under Listing 3.02 for chronic respiratory disorders. You’ll meet the listing if a spirometry test has shown that your FEV1 is equal or less then a given amount depending on your height. Table I-B in the listing states, for example, that an adult woman who is 5’5″ meets the listing with an FEV1 of 1.35 or below.
Those with chronic restrictive ventilatory disease, which is marked by decreased lung volume, can also meet this listing based on the results of a spirometry test. If your FVC , the amount of air you can exhale after taking your deepest breath, is less than or equal to the amounts in Table II of the listing, you will meet the requirements of the listing.
The third part of listing 3.02 is for claimants whose lungs cannot properly oxygenate their blood. The important test results here are the DLCO , the PO2 , and the PCO2 .
Alternatively, if you have been hospitalized for at least two days three times within a year due to your breathing problems , you will be automatically approved for disability benefits.
Because the tables of lung function results in listing 3.02 are technical, you may wish to ask your doctor, preferably your pulmonary specialist, whether you meet the listing.
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Doctors Classify Asthma According To Frequency And Severity Of Attacks:
- Mild intermittent mild symptoms up to 2 days per weeks and 2 nights per month.
- Mild persistent symptoms 2 times per week and no more than once per day.
- Moderate persistent symptoms once per day and one night per week.
- Severe persistent symptoms throughout the day most days and frequently during the night.
New Proposed Burn Pit Legislation 2021
As of 2021, there are several major bills currently pending in Congress that deal with the toxic exposure caused by burn pits. These bills include:
- Conceding Our Veterans Exposure Now and Necessitating Training Act
- Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021
- Veterans Burn Pit Exposure Recognition Act
- Toxic Exposure in the American Military Act
Any of these bills, if passed, would offer much needed relief to veterans suffering the toxic effects of burn pit exposure. Specifically, the COVENANT Act would create several presumptive conditions, including asthma, that developed after service due to toxic exposure.
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Social Security’s Listing For Childhood Asthma
Social Security’s childhood listing for asthma requires that your child has had three “exacerbations” or complications requiring hospitalization in the previous one-year period. The hospitalizations must have lasted at least 48 hours each and must have occurred at least 30 days apart.
For claims that were filed before October 7, 2016, the old listing applies. It required that a child have asthma attacks that were serious enough to require medical attention at least once every two months, or six times a year, despite taking asthma medications. The old listing also included other ways your child could qualify under the listing. For instance, your child could qualify if, due to asthma, he or she had abnormal growth relative to other children of the same age. Also, a child could qualify using results from a spirometer, if the child had the same level of forced expiatory volume as required to get disability for childhood COPD. The new asthma listing does not discuss forced expiatory volume, but a child can still qualify under the COPD listing for chronic asthmatic bronchitis if he or she has a low FEV1.
How Our Pennsylvania Disability Lawyers Can Help
While the SSA approves a small portion of the claims it receives, the hard truth is that the majority of claims will be denied and turned away on the first pass. Some of these rejections are rooted in technical faults , but many are based on medical reasoning. The SSA may determine that your condition is not severe enough to prevent you from working, or that you do not meet the 12-month minimum time requirement.
Listing 303 For Asthma
An petitioner can also qualify for disability due to an asthma condition when the asthma is persistent and causes attack episodes that require hospitalization at least three times in a year. This requirement changed last year when Social Security revised their medical criteria. The old medical listing used to require six hospitalizations in a 12-month period. It must be noted that the asthma attacks must occur, despite following prescribed treatment, at least 30 days apart and must last at least 48 hours each.
When Your Asthma Meets A Listing
Adult asthma is included in the SSAs Listing of Impairments. If you meet or have the equivalent of a Listing, your Social Security disability benefits will be awarded at Step 3 of the Five-Step Sequential Evaluation.
Your medical records must establish that you meet every element of the Listing for your asthma to be considered disabling. SSA will review your medical records and look for the following:
- Severe asthma attacks that last one day or longer and require medical treatment, such as intravenous antibiotics, intravenous bronchodilator or prolonged inhalation treatments at a hospital or emergency room, and
- Severe asthma attacks at least every other month, or six times per year.
Alternatively, if you have chronic bronchitis and asthma, you may be able to meet a listing based on the results of lung function/breathing test results.
If you dont meet or equal a listing, SSA then will determine your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5.
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