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Can You Get Disability for COPD?

Chronic Obstructive Pulmonary Disease (COPD) is a serious lung condition that affects millions of Americans, making it difficult for them to breathe and perform everyday tasks. For some individuals, COPD can become so debilitating that they are unable to work, creating significant financial stress.

Can you get disability for COPD? The Social Security Administration (SSA) provides disability benefits for those who meet certain criteria. If you are living with COPD and struggling to maintain employment, you may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

At Ascend Disability, we specialize in helping clients across Texas, Louisiana, Oklahoma, and the entire country secure the disability benefits they need to support themselves. This blog post will explore what you need to know about getting disability benefits for COPD and how a Social Security disability lawyer can help.

What Is COPD?

COPD is a progressive lung disease that makes it difficult to breathe due to the obstruction of airflow in the lungs. COPD is usually caused by long-term exposure to irritating gases or particulate matter, most often from cigarette smoke.

The most common forms of COPD are chronic bronchitis and emphysema. In chronic bronchitis, the airways become inflamed and produce excessive mucus, while in emphysema, the air sacs in the lungs are damaged, reducing the lungs’ ability to absorb oxygen.

Common symptoms of COPD include:

  • Persistent cough
  • Shortness of breath, especially during physical activities
  • Frequent respiratory infections
  • Wheezing
  • Fatigue
  • Tightness in the chest

COPD is a progressive disease, meaning that it worsens over time. While medications and treatments can help manage symptoms, there is no cure. As the disease progresses, individuals may experience difficulty performing daily tasks and may require supplemental oxygen. Eventually, COPD can lead to serious complications such as heart problems, lung cancer, and respiratory failure.

COPD Chronic Obstructive Pulmonary Disease text on notebook with pills

Can You Get Disability for COPD?

Yes, individuals with COPD may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if their condition is severe enough to prevent them from working. However, qualifying for disability benefits can be a complex process. The SSA evaluates each case based on specific medical criteria, including the severity of the disease and the individual’s ability to work.

SSDI is designed for individuals who have worked and paid Social Security taxes for a sufficient amount of time but are now unable to work due to a medical condition.

SSI benefits are available to individuals with limited income and resources who are disabled, regardless of their work history.

Both programs require that your disability is expected to last for at least 12 months or result in death. Additionally, you must provide medical evidence to support your claim.

How Social Security Determines Eligibility for COPD

You can qualify for Social Security disability benefits for COPD in two ways. First, if your COPD meets the criteria outlined in the SSA’s Listing of Impairments, you automatically qualify for benefits. Second, the SSA will determine you are disabled if your COPD causes substantial work limitations and your breathing is so impaired that you are unable to perform any job on a full-time basis.

COPD Disability Listing

The Social Security Administration (SSA) uses a guide known as the “Blue Book” to evaluate disability claims. COPD falls under the section for chronic respiratory disorders (Section 3.02). To qualify for disability benefits based on COPD, you must meet certain criteria related to lung function, hospitalization frequency, or the need for ventilatory support.

Lung Function Tests: The SSA uses lung function tests, such as spirometry, to measure the severity of airflow obstruction. The most common measurements used to assess COPD are:

  • FEV1 (Forced Expiratory Volume in one second): This measures how much air you can exhale in one second.
  • VC (Forced Vital Capacity): This measures the total amount of air you can exhale.

If your FEV1 or FVC falls below a certain threshold based on your age, gender, and height, you may automatically qualify for disability benefits.

Hospitalizations: You may qualify if you have had three or more hospitalizations for COPD-related complications in the past year, each lasting at least 48 hours and spaced at least 30 days apart.

Ventilatory Support: If you require the use of a ventilator or non-invasive ventilation (such as a BiPAP machine) to help with breathing, this can also make you eligible for disability benefits.

Even if you do not meet these specific criteria, you may still qualify for disability if your COPD symptoms prevent you from performing any type of work.

COPD Patient Using Oxygen Mask, concept of Disability for COPD

The Importance of Medical Evidence

Medical evidence is crucial when applying for disability benefits. The SSA will require comprehensive documentation to prove the severity of your COPD and how it impacts your ability to work. This evidence may include:

  • Medical history and diagnosis of COPD
  • Results from pulmonary function tests (FEV1, FVC, DLCO)
  • Arterial blood gas (ABG) test results
  • Imaging studies such as chest X-rays or CT scans
  • Documentation of hospitalizations related to COPD
  • Records of supplemental oxygen usage
  • Records of medications and treatments (e.g., bronchodilators, steroids, or oxygen therapy)

Having detailed medical records that clearly demonstrate the limitations caused by your COPD can significantly increase your chances of being approved for disability benefits. The SSA will also consider any additional health issues you may have, such as heart disease or depression, which can further impact your ability to work.

How a Disability Lawyer Can Help

Applying for Social Security Disability benefits can be a long and complicated process. Many individuals are denied benefits at the initial application stage due to incomplete documentation or failure to meet the strict criteria outlined by the SSA. This is where an experienced disability lawyer can be invaluable.

At Ascend Disability, our team of attorneys is dedicated to helping clients navigate the disability benefits process. We can assist you in the following ways:

Assessing Your Eligibility

We will review your medical records and determine whether you meet the SSA’s criteria for disability benefits.

Gathering Medical Evidence

We will work with your doctors to ensure that all necessary medical evidence is included in your application. This includes obtaining lung function test results, hospitalization records, and documentation of your need for supplemental oxygen.

Filing the Application

We will help you file a complete and accurate disability benefits application, reducing the chances of being denied due to missing information.

Appealing a Denial

If your application is denied, we will guide you through the appeals process, which may involve a hearing before an Administrative Law Judge (ALJ). We will present a strong case on your behalf, highlighting the limitations caused by your COPD and how they prevent you from working.

We will represent you at every stage of the process, from the initial application to any necessary appeals, ensuring that your rights are protected and that you receive the benefits you deserve.

Contact Ascend Disability Today

Living with COPD can be challenging, especially when it impacts your ability to work and support yourself. If your COPD symptoms have progressed to the point where you can no longer maintain employment, you may qualify for disability benefits through SSDI or SSI. However, the application process can be complex and overwhelming, making it crucial to have the right support.

At Ascend Disability, we are committed to helping individuals with COPD and other disabling conditions secure the benefits they need to live with dignity. With our legal expertise and compassionate approach, we will fight to ensure that you receive the financial support you deserve. Contact us today to schedule a free consultation and learn more about how we can assist you.

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