Some Of The Most Common Types Of Reasonable Accommodations Include:
- Having a parking space that is close to the work site
- Permission to use a motorized vehicle to access the work site
- Permission to work from home
- Maintaining a dust-free, smoke-free, and chemical-free workplace
- Providing advanced notice to an employee if any construction and cleaning will occur
- Enabling the employee to work a flexible schedule that permits them to take necessary medications and attend required doctors appointments
When an individual faces any issue regarding their employer for any accommodations, they should consider seeking help from a social security disability lawyerin their area who has handled similar cases in the past.
Using Your Copd Disability Rating
Chronic obstructive pulmonary disease is an especially prevalent disease among American military veterans. COPD blocks the airways, which makes it difficult to breathe normally.
The tubes and air sacs within the respiratory system trap some of the oxygen in the lungs. Because of exposure to toxic chemicals both during training and in the field during combat, military veterans represent one of the largest groups of Americans that seek Social Security disability benefits for COPD.
The Veterans Administration provides a rating for each veteran that is treated by the federal government agency. VA criteria used to calculate a rating for veterans differ among the different types of medical conditions.
The VA examination for COPD determines how long it takes you to breathe properly, how much air you can inhale, and how much air you can exhale.
In addition, the VA puts you through a few simple exercises to observe your respiratory performance. The pulmonary function tests conducted by the VA include FEV1, which is called the forced expiratory volume test. You receive a rating for the FEV1 test and the higher you score, the lower your VA disability rating.
If you receive a VA disability rating of 100 percent, you might qualify for the expedited claim process administered by the Social Security Administration .
How To Get Disability For Your Respiratory Disorder
When you have trouble breathing, when your body cannot get enough oxygen, continuing to do your job and earn a living is very difficult, if not impossible. Simple everyday activities, such as walking, pushing a vacuum cleaner, or maintaining concentration become huge challenges.
Lung disease and breathing disorders come in many forms. Symptoms range from shortness of breath, coughing and wheezing, to severe chest pain, and coughing up sputum or blood.
Yet disability claims for respiratory disorders are routinely challenged by the Social Security Administration , disability insurance companies, and the Department of Veterans Affairs. It can be frustratingly hard to prove to these agencies that your respiratory impairment actually prevents you from working.
If you have been unfairly denied benefits, we have important information to share with you to help you succeed in getting the benefits you need.
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Qualifying Rules For Benefits
Each benefit has different qualifying rules. But there are two main criteria means and contributory:
- Means-tested – if a benefit is means-tested it will take into account your other benefits, savings, and income.
- Non-means-tested if a benefit is non-means-tested it wont take into account your other benefits and income.
- Contributory if a benefit is contributory you need to have paid a certain amount of national insurance contributions.
- Non-contributory if a benefit is non-contributory it wont take into account your national insurance contributions.
Please Answer A Few Questions To Help Us Determine Your Eligibility
A question I’m often asked is whether a person can get SSDI or SSI benefits for chronic obstructive pulmonary disease . COPD is also called chronic bronchitis or emphysema. The answer to the question is this – if your COPD is severe enough, you can qualify for SSDI or SSI.
COPD is a listing level disease, which means the SSA has laid out the criteria for it to be automatically considered a disability. This is important because if your COPD meets the requirements in the listing, then the SSA does not have to evaluate whether or not your COPD restrict your functional capacity to such a degree that you qualify for disability benefits.
To see if you meet the listing criteria for COPD, read our article on the chronic pulmonary insufficiency listing. The value measured is called the forced expiratory volume at one second and is the amount of air you can exhale in one second. If you are close to meeting, or do in fact meet, the required FEV1, you are in pretty bad shape health wise. The required values SSA uses for the FEV1 analysis are considered low because SSA is erring on the side of caution .
For more information, see our article on COPD.
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Two: Get Test Results Confirming The Severity Of Your Condition
While some people with COPD experience crippling side effects, others continue to function rather normally and may not even know they have it. This means, when applying for benefits, it is important to provide the SSA with as much physical evidence as possible to show that your COPD prevents you from living your normal life.
The best types of evidence you can provide for COPD are spirometry tests , DLCO tests , oxygen saturation tests, and imaging scans of the lungs. If your results show a severe obstruction of your breathing in relation to your age, weight and height, you may qualify for disability via the Blue Book, the SSAs disability guidebook.
If your diagnosis doesnt fit the Blue Book, this doesnt mean you are disqualified from receiving benefits you can still get your application approved by providing enough supporting evidence.
What Your Disability Application Should Include
In order to maximize your chances of receiving disability benefits for asthma, your application should contain detailed medical-records that clearly show the extent of your asthmatic condition. Make sure you include documentation of every asthma attack that required hospitalization, as well as the treatment that you were required to undergo while in the hospital. Your medical-records also should demonstrate the treatment and how it may have failed to make your situation better.
At Disability Expertts of Florida, we believe that every case should be evaluated based on its individual merits and are here to help you apply for disability benefits.
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One: Determine How Much Your Copd Limits You
The Social Security Administration handles thousands of disability applications a year. For your application to be approved, it is important to show that your disability is severe enough to require continued monthly financial support. To do this, you must first analyze all the ways your COPD affects your daily life.
For instance, most people with moderate to severe COPD experience shortness of breath and coughing. This may make it difficult to walk any distance or lift objects reliably, which would make working any physical job difficult. This could also make it difficult to clean the home, cook, or even walk to the bathroom, which would further explain your need for assistance.
If the lasting symptoms of your stroke make working life and daily life painful or more difficult, Social Security is more likely to approve you for benefits.
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
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Service Connection For Copd
Any kind of exposure to toxic air can cause COPD, so if you were exposed to gas, particulate matter, or Agent Orange during the service, you may be able to file for disability. Those who served in Afghanistan or Iraq may have been especially likely to file for VA disability benefits as they may have been asked to work near open-air or burn pits.
The military will take into account the Code of Federal Regulations as well as the diagnostic codes and disability compensation recommendations before assigning a VA disability rating for a service connection. The right law firm can help you show that your reduced oxygen consumption and maximum exercise capacity are making it difficult for you to earn a living for yourself and your family.
If you are filing for disability for COPD, youll need the following documents:
- A description of how you came to be exposed to the chemicals that caused your COPD
- A recent diagnosis of COPD from a qualified medical professional
- A letter from your doctor that confirms your COPD was directly related to being in the military
Your COPD does not need to be caused by direct orders in the military. For example, even if you werent asked to work at the burn pits but did sleep nearby, you would still have the right to file for disability.
Secondary Service Connection For Copd
A secondary service connection for COPD is anything that would have developed from a primary service connection. For COPD, its may have been anything from an infection to a mental disorder that would lead to the condition.
For example, if you developed PTSD directly because of your time in the military, the stress might have led you to take up smoking to calm your nerves. The military does allow you to make the connection if your smoking led to COPD. If you choose to file a disability claim for this, you would need the same documents as you would for the primary connection.
As in a primary condition, your description will have to show how one event was connected to the other. Youll also need the medical nexus from your doctor or medical professional to prove that they agree with your chain of logic.
There is no statute of limitations when it comes to secondary service connections, meaning that you can still apply even if the primary condition occurred 40 years ago. Other common secondary disorders may include sleep apnea,
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S You Can Take To Win Your Disability Claim
If you are currently in the process of applying for SSDI, or if you were denied in the past, getting your medical evidence in order is the most important step that you can take to win your disability claim for COPD.
The entire Blue Book is available online, and the section on Respiratory Illness is quite detailed, so you may want to review section 3.00 with your pulmonologist to determine what medical records you have on hand, and what may need to be supplemented to be approved.
You may need to contact the medical records office at your hospital to obtain some of this information.
While you dont need to provide medical documentation to the SSA yourself, it is helpful to be as organized as possible. When you visit your doctor, it is a good idea to present a written list of symptoms and side-effects that you are experiencing.
A Social Security disability attorney or advocate can assist you in ensuring that your claim for disability is thorough, thus increasing your chances for approval. Consider a Free Evaluation with a Social Security advocate or attorney in your area todayDisability lawyers are only paid if you win your COPD claim.
Does Copd Count As A Disability In The Uk While Claiming Benefits
No, COPD does not come under the definition of disabilities per se, under the Equality Act, 2010.
However, it does qualify as an impairment which prevents you from functioning normally on a day-to-day basis, obstructs your mobility or hinders your capacity to work.
COPD thus comes under the classification of impairment which could be due to long-term or chronic health conditions, sytress, mental health problems etc.
As a consequence, you are still eligible to claim the benefits mentioned in this blog, although not under the purview of the disability provisions.
You can still claim Personal Independence Payment , Attendance Allowance and Blue Badge, along with Employment and Support Allowance, Carers allowance, etc. amongst a few others.
It is to be noted that the Blue Badge , is in fact, for disabled requirements. But it is granted for impairments like COPD as well.
For further information on the nuances of the difference between disabilities and impairments, please refer to What counts as disability Citizens Advice.
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Why Use A Disability Attorney
A disability lawyer will help you gather the supporting documentation that your claim needs to be approved. Your attorney will also review all your medical records and make sure that your records have the detailed information that will let the SSA review the severity of your case and determine how you are affected by your medical problems.
With the help of a disability attorney, your chances of having your claim approved and being awarded benefits increase. Disability attorneys have undergone extensive training and stay current on the SSA laws and when changes are made. When you enlist the help of a disability lawyer, you will not pay anything out of pocket because your lawyer will not be paid until your claim has been approved and you are awarded back pay.
The SSA has set the regulations that determine how much an attorney can be paid for a disability claim. A lawyer will not receive more than 25 percent of your back pay and their payment cannot exceed $6,000. You can enlist the help of an attorney at any point during the disability claims process.
Can You Get Social Security Disability Benefits For Copd
In order to get Social Security disability benefits for COPD, your doctor must diagnose you with it first. Then, you must provide your complete symptom history to the SSA along with your benefits application. You may also need specialized tests to better detect how COPD affects your air flow and other lung functions. The SSA will then use the score you receive on your lung function tests along with your symptom history to determine if you may qualify for Social Security disability benefits.
When determining eligibility for disability benefits, the SSA also considers how much COPD limits your ability to work. If COPD affects you in the following ways, then the SSA may award you monthly SSD benefits:
- Your mobility level
- Ability to tolerate certain work environments
- How well you function on a daily basis and perform tasks without help, such as cooking, cleaning, doing dishes/laundry, etc.
Finally, eligible applicants must not currently receive any other Social Security benefits to qualify for SSD. This includes early retirement, regular Social Security, spousal or survivors benefits paid every month.
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What Is Asthma In Veterans
According to the Mayo Clinic, asthma is a condition in which your airways narrow and swell and may produce extra mucus.
This can make breathing more difficult and trigger coughing, wheezing, and shortness of breath.
For some veterans, asthma is a minor nuisance.
For others, it can be a major problem that interferes with daily activities and may lead to a life-threatening asthma attack.
While asthma cant be cured, its symptoms can be controlled.
Because asthma often changes over time, its important that you work with your doctor to track your signs and symptoms and adjust your treatment as needed.
Does Copd Qualify For Social Security Ssdi Ssi Benefits
COPD claims are often approved of they are presented properly to the Social Security Administration
Will SSA approve my claim based on my COPD?
How does SSA determine if my COPD qualifies for Social Security Disability or SSI benefits?
Step 1: Non-Medical CriteriaStep 2: Severe ImpairmentStep 3: Medical ListingsStep 4: Past WorkStep 5: Other Work
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Contact Gillette Law Group
You can pursue a highly effective disability application with our help at the Gillette Law Group. We can provide the experienced legal service you need to make your disability claim much more likely to get approved just as we have successfully served numerous applicants over the years.
Whether this is your first time applying or if you are in the process of an appeal, let us assist you. Consult with us for free by calling 873-2604 today.
Compensation & Pension Exams For Copd
The first step of filing for disability is to hand over all of your paperwork to the VA Regional Office . The committee will review it and most likely order a Compensation & Pension exam.
This exam is not meant to cure your COPD or even treat it. Its performed by a VA doctor who will review your claim. Theyll evaluate and verify your test results, symptoms, and the most likely cause of your condition. The VA doctor will likely perform many of the same procedures as your primary physician. They might also make recommendations, such as using a bronchodilator to increase the capacity of the lung, oxygen therapy, or cardiac catheterization.
In some cases, the VA doctor will not agree with your primary or diagnosing physician. They may believe that you either have a different condition, such as pulmonary hypertension, bronchiectasis, or heart failure. Or they might decide that your COPD was not caused by your time in the military. The VA doctor may argue that COPD is a secondary condition rather a primary one.
Should you want to contest the VA doctors conclusions, you can do so through the Appeals Modernization Act . You have three avenues to take in this case:
- Request another person at the RO to look at the evidence
- Request a higher authority than the RO look at the evidence
- Collect new evidence and submit it to the RO
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