How Is Service Connection Established For Copd
If you are filing for disability based on your service-related COPD, you will first need to provide several pieces of documents and evidence not only proving your condition but also showing how there is a connection between the disease and your military service.
Typically, these documents include the following:
- A detailed description indicating how you came to be exposed to chemicals or situations that caused you to develop COPD
- A report from a qualified medical care professional detailing your diagnosis of COPD
- A medical nexus letter from a qualified medical care professional confirming that your COPD was directly related to you being in the service
Remember, you do not need to show that your COPD was caused because of a direct military order. For instance, even if you were not ordered to work in the burn pits but still developed COPD because you slept near them, this is often enough to be able to file for disability.
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How Will You Receive Your Disability Check
Until fairly recently, most Social Security disability recipients received a paper check in the mail. Prior to 1997 , those checks were sent to arrive on the 3rd of each month. For those who have made claims since 1997, the exact date on which Social Security checks were sent depends on your date of birth.
- Those with birthdays on the 1st-10th of the month receive checks on the second Wednesday of the month.
- Those with birthdays on the 11th through 20th of the month receive checks on the third Wednesday of the month.
- Those with birthdays on the 21st through the 30th receive checks on the fourth Wednesday of the month.
These days, most Social Security Disability recipients dont actually receive a paper check at all. The majority of Social Security Disability Insurance and Supplemental Security Income recipients receive their benefits check through direct deposit into their bank account. The government is in the process of requiring beneficiaries to receive their benefits electronically. For those who dont want to receive their benefits through direct deposit, the SSA offers a debit card.
When you are approved for Social Security Disability benefits, the SSA will ask you which payment option you prefer and it will be up to you.
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Start Your Claim For More Than Just A Copd Va Rating
Sometimes as we work with our veterans, we find out they may also be eligible for a C-Pap machine, SMC benefits, or an Aid and Attendance benefit. Weve helped thousands of veterans from every branch, wartime or peacetime, men and women, get the VA benefits they deserve. If you have a respiratory failure or any other lung problems that you believe could be related to your time in the service, call us today. The call is free and well do all the paperwork. We only get paid 20% of your back pay and case expenses if the VA claim is successful.
Can you Get VA Benefits for COPD?
Yes, if you can prove a service connection, you can get rated for COPD which includes chronic bronchitis and emphysema.
What is the VA Rating for COPD?
The rating will vary depending on what your FEV-1/FVC Level is. Check out this chart to see where your FEV-1 level lines up.
Can I get VA Disability for Asthma and Bronchitis?
Yes and No. You can get VA disability for one of those diagnoses, but not both. The VA is required to give you whichever rating is higher, so if you have both, make sure you get the higher rating.
How A Disability Lawyer Can Help You
The disability claims process is complex. An attorney will be familiar with all the steps of having a claim approved and will know the best way to proceed with your claim.
Your lawyer will be able to review the details of your claim and determine if you have adequate evidence or if more supporting documentation must be gathered to get your claim on the right track.
Most disability claims are denied on the initial review, and the highest chance of having a claim approved is when you reach the hearing level.
A study by the Government Accountability Office shows that disability claimants who were represented by a lawyer were three times more likely to be awarded disability benefits than claimants who did not.
When you should hire a lawyer depends on the specifics surrounding your situation and where you are in the claims process. You will definitely want to be represented by a lawyer when you reach the hearing level.
When go to the hearing, you will be questioned by a judge. An attorney can prepare you for questioning and review all the files to determine if everything is in order for a successful claim.
After all, your lawyer will not be paid until you win your claim and are approved for benefits. At that time, your attorney will receive a portion of your backpay.
Complete the Free Case Evaluation Form so someone with a disability lawyers office can review the details of your claim and determine how to proceed with your disability claim for COPD.
Does Maternity Leave Count As Short
Youve probably heard of circumstances where people use their short-term disability for pregnancy and maternity leave. Doing so is fairly common, but whether or not youre able to do so yourself is also dependent on your plan.
We actually see a lot of short-term disability policies that specifically address maternity leave, explains Bartolic. These plans also will explain how much time off is offered for maternity leave, which can vary based on things like whether the mother had a vaginal birth or a c-section.
Some employers exclude maternity leave from their short-term disability plan and have an entirely separate program to address paid leave for childbirth.
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Contact A Social Security Disability Attorney At 512
Refractory asthma is asthma that does not respond to normal asthma medications.
The bronchial airways tighten and swell. Medications can open the airways and return the lungs to normal breathing, but in refractory asthma, medications typically used to treat asthma fail to reverse tightening and swelling in the airways.
Common symptoms of COPD include:
- ;;Shortness of breath and increased breathlessness
- ;;Swelling in lower legs
COPD occurs in four stages.
In the first stage, mild COPD, airflow is limited, but not very noticeable and the individual coughs up mucus only once in a while. In the moderate stage, airflow becomes more restricted and the individual experiences shortness of breath after activity. When COPD becomes severe, the person is unable to perform normal exercise without shortness of breath and other symptoms become more frequent. COPD is very severe when airflow is limited, and flareups become regular and intense, directly impacting the individuals quality of life.
COPD is often not diagnosed until the disease has become advanced.
A doctor will first review a patients medical history and exposure to cigarette smoke and other pollutants.
Several tests are employed in diagnosis:
Though there is no cure, most people with COPD have a mild form, and therapy can manage symptoms, allowing individuals to live a normal life.
Applying For Disability Benefits
You can apply for Social Security Disability benefits online or in person at your local Social Security office. You will be asked to fill out a number of forms, which you should complete with as much detail as possible, and you may be asked to attend a consultative exam. After completing the disability application process, you will receive a decision from the SSA within two to four months. If you are approved for benefits, this notice will tell you when benefits will begin, which benefits you will be receiving, and how much you will be receiving each month. If you are denied benefits, you have 60 days from the date of denial to appeal the SSA’s decision to deny benefits.
If you do need to pursue a Social Security Disability appeal, do not give up hope. A number of applicants who are denied during the initial stage of the application process go on to successfully receive benefits through the process of an appeal
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How Is Copd Rated As A Disability
The ratings for COPD all depend on how much your FEV1 test results turn out. FEV stands for forced expiratory volume. It is a test to see how much air you can blow out of your lungs in one second. This rating of lung function is used and recorded to measure the progress of your COPD as well as diagnosing it in the first place. Youll typically get a dose from an inhaler before you take the FEV because they measure it when you are at your best. Dont worry, they take that boost into consideration. Youll get a GOLD rating in a range from 1-4. Those GOLD ratings then combine with another test called the FVC . Basically, they are measuring airflow limitation by the amount of air you can blow out and how fast. Any sort of airflow obstruction by weakness or illness will show up in those tests.;
Fact: Ssdi Payments Dont Kick In Immediately
Processing can take three to five months, according to the Social Security Administration. When your request is approved, you will receive a letter with the effective date. Your first payment will be for the sixth full month following your disability effective date, according to Social Security.
For example, if you get a letter that approves your claim and sets a disability effective date of January 15, your first payment will be for the month of July. But youll actually get that payment in August, since payments are made one month after the month they cover.
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Can You Get Ssdi For Copd
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.
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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Is It Legal For Insurance Companies To Hire Someone To Follow And Videotape Me
Yes, it is legal and normal for insurance companies to hire investigative companies to photograph and videotape claimants in order to assess the validity of their disability claim. The reason for this is that they want to ensure that there are no fraudulent claims or misrepresentations. Therefore, it is important that you be honest when filing your claim and speaking with doctors, specialists, your insurance company and your lawyer.However, if you feel as though investigative companies are putting you in danger, are trespassing, invading your privacy, or otherwise breaking the law you should contact the police.
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.
Relationships With Friends And Family
Difficulty breathing and coughing can make you feel tired and depressed.
Your spouse, partner or carer may also have a lot of concerns about;your health. It’s important to talk about your worries together.
Being open about how you feel and what your family and friends can do to help may put them at ease. But do not feel shy about telling them that you need some time to yourself, if that’s what you want.
Condition Progression With Copd
COPD is generally a long progressive illness. Most people slowly decline over a period of years. But everyone’s experience with COPD can be slightly different. So much depends on your overall health history, your will to keep living a quality life, and how well you respond to treatment.
But most people progress through these 4 stages:1
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Does Social Security Disability Approval Include Health Insurance
After the SSA approves your claim, you wont;automatically get;health insurance right away. Once you receive SSD approval, you must wait 24 months. Then, you receive automatic enrollment into into Medicare Part A and Part B .
The federal government manages Medicare to specifically cover individuals aged 65 and older. In addition, Medicare also provides healthcare coverage for younger people with qualifying disabilities.
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What Are The Requirements To Be Approved For Disability With Copd
FEV criteria for 3.02A.SPO2 criteria for 3.02C2Qualifying for disability with COPD based on medical records and work historyGetting approved for COPD after a review of your medical records and work historywork SGACOPD prevents your from workingWhy are so many disability cases lost at the disability application and reconsideration appeal levels?obtained and submittedFacts about COPDMost popular topics on SSDRC.com
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What If I Cant Work While I Have Copd In Arkansas
You could qualify for SSDI benefits if you are able to demonstrate that your COPD has significantly reduced your breathing capacity to the extent that you are not capable of performing any type of employment or any type of job given your ability to learn, experience, education, and age.
Demonstrating that your condition has severely impacted your ability to work will require evidence. Typically, you will be required to provide a medical opinion from your treating physician that explicitly states the diminishing effect your condition has on your ability to perform work-related activities. For example, your doctor might attest to the fact that you are unable to walk more than 30 minutes at a time, are unable to lift 15 pounds, or cannot be exposed to any dust or fumes. You might also have to provide other documentation, such as proof of hospitalization.
The SSA will review your medical records and perform a residual functional capacity assessment to determine what type of work you might be capable of performing. Based on your doctors restrictions and your breathing test results, the SSA will determine if you can perform sedentary or light work.
The SSA makes a distinction when considering individuals capability to learn new skills between people over and under the age of 50. Because of this, the SSA application evaluators utilize a set of grids to determine with older people with COPD are eligible for benefits.
Stay In Contact With Your Ssd Lawyer
Law Office of Attorney Daniel Bergers team of SSD attorneys and support staff work tirelessly to ensure you get the best representation when your SSD claim is reviewed by the SSA. To keep your lawyer up to date on all the developments in your life and in your medical treatment, you must maintain a continuous stream of communication with your lawyers office.
That means you need to make sure your SSD attorney has your current telephone number and street address so they can reach you when necessary. Your lawyer should be notified of any new diagnosis or new treatment you doctor orders. All surgeries and procedures you undergo need to be reported to your lawyers office too.
Your SSD lawyer will be able to use the new information to better support your claim, they will also need to obtain the new medical records and submit them to the SSA.
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