Dealing with lung disease can be challenging, both physically and emotionally. For those who are unable to work due to their condition, Social Security Disability benefits can provide much-needed financial support. However, the process of obtaining benefits can be complicated, and many applicants find that their initial applications are denied.
If you or a loved one is suffering from lung disease and unable to work, Pilzer Klein is here to help. From navigating the medical evidence requirements to presenting a strong case for disability, one of our Social Security Disability lawyers can guide you through the application process and the various stages of appeal.
Contact us today for a free case evaluation.
Can You Qualify for Disability Benefits Due to Lung Disease?
While each respiratory ailment may present specific symptoms and prognoses, they all share a common trait: they can compromise your ability to breathe effectively, potentially impeding your capacity for gainful activity.
Some debilitating lung diseases encompass:
- Chronic obstructive pulmonary disease (COPD)
- Asthma
- Cystic fibrosis
- Sarcoidosis
- Chronic lung infections
- Lung cancer
Let’s dive into what you need to know about pursuing Social Security disability insurance (SSDI) benefits for your lung disease.
Factors Considered in Disability Claims Involving Lung Conditions
The Social Security Administration (SSA) will assess the normal functioning of your lungs and, if impaired, the extent of the impairment.
The evaluation takes into account all your pulmonary symptoms, including:
- Shortness of breath
- Coughing up blood
- Chest pain
However, merely experiencing these symptoms does not guarantee eligibility for disability benefits. For instance, shortness of breath is a common complaint among individuals with respiratory disorders. However, other factors, such as a lack of physical fitness, can also induce shortness of breath.
Medical Records
Even if it is confirmed that your shortness of breath results from a respiratory condition if your lung capacity remains at or above 80%, it could be considered adequate.
To substantiate your claim of a serious respiratory condition, you must furnish Social Security with comprehensive medical records that document your condition, test results, and treatments. An attorney from Pilzer Klein can help you obtain these crucial records.
Lung Function Tests
One of the keys to a successful disability claim based on lung disease is the results of pulmonary function tests that quantify the extent of your lung ailment.
These tests include:
- X-rays
- Physical examinations
- Spirometry tests
Lung function testing is essential for gauging your respiratory health and determining the extent of your lung disease. It’s important to note that Social Security has specific criteria regarding the medical tests used to assess respiratory disorders.
The Importance of the Spirometry Test
The spirometry test, which measures the amount of air you can forcefully exhale, is a crucial lung function test that Social Security mandates.
While you might have already undergone spirometry testing to evaluate the functional capacity of your lungs, Social Security may require you to undergo another assessment, typically at their expense, to ensure compliance with their stringent standards regarding spirometry exams.
When undergoing a spirometry test, it’s important to give your best effort. If the Social Security physician conducting the test doesn’t believe you were trying hard enough, this observation will be documented in the exam or spirometry report.
Respiratory Disorders Covered in Social Security’s Blue Book Listings
Social Security Disability Listing 3.0 outlines the respiratory disorders that may qualify you for approval.
These covered disorders include:
- COPD
- Lung transplants
- Asthma
- Pneumoconiosis
- Bronchiectasis
- Cystic fibrosis
- Chronic fungal or bacterial lung infections, such as tuberculosis or pneumonia
- Cor pulmonale secondary to chronic pulmonary vascular hypertension disorders
- Sleep-related breathing disorders
To receive automatic approval for disability benefits, a complicated set of requirements for one of these disorders must be satisfied. Even if you don’t meet these criteria, you might still be eligible for Social Security disability benefits, though establishing your case can be more intricate.
Common Pitfalls in Pursuing Disability Benefits
Before embarking on the path to securing disability benefits, it’s essential to be aware of potential pitfalls that can derail your efforts.
Here, we highlight some common mistakes individuals make during this process, along with guidance on how to avoid them:
- Neglecting legal representation: Failing to enlist the services of a qualified attorney can prove to be a costly oversight. While most disability claims are initially denied, many of those represented by experienced legal counsel eventually secure approval.
- Procrastinating on filing: Delaying the submission of your disability claim can diminish your chances of a successful outcome. Timeliness is critical in the application process, and waiting too long can hinder your quest for benefits.
- Application inaccuracies: Your disability application requires careful attention to detail. It should comprehensively document your recent work history, salary information, and other particulars. Even minor errors can lead to the rejection of your application.
- Lack of sufficient evidence: Regularly visiting your healthcare provider and maintaining meticulous records of hospital visits and daily challenges is vital. Keeping a detailed account of all expenses related to your disability helps substantiate your claim.
- Restarting instead of appealing: Receiving an initial claim denial can be disheartening, but starting over is a common error. Instead, it’s advisable to promptly initiate the appeals process, avoiding unnecessary delays and improving your chances of a favorable outcome.
Whatever your medical condition, navigating the intricate terrain of disability benefits requires careful planning, accurate documentation, and, ideally, the guidance of seasoned legal professionals.
Contact a Social Security Disability Lawyer
Navigating the complexities of Social Security disability claims for lung disease can be intimidating, but you don’t have to face it alone. Our dedicated team at Pilzer Klein is here to provide you with the guidance and support you need throughout the process.
Our Social Security Disability lawyers are dedicated to helping you overcome common obstacles and secure the benefits you deserve. Your peace of mind is just a phone call away. Contact us today for a free consultation and take the first step toward a brighter, more secure future.
