Is COPD a disability? Yes, it can be. If you have (COPD) that prevents you from working, you could be entitled to Social Security Disability Insurance (SSDI) benefits. The application process is lengthy and difficult, though. If you are already not feeling great because of your condition, your best option is to let an experienced Oklahoma SSDI lawyer prepare and submit your application for you.
If you’ve already submitted your application and it was denied, the SSDI lawyers at Ryan Bisher Ryan & Simons can help you with that, too. We can review the denial and ensure all application requirements are met, and secure any additional documentation as required.
When you need disability benefits, don’t leave anything to chance. Call our skilled attorneys today for a free, fully confidential consultation to learn more about what we can do for you.
What is Chronic Obstructive Pulmonary Disease (COPD)?
COPD is a term used for a group of irreversible airway and lung diseases that restrict breathing. Emphysema and chronic bronchitis are included under the COPD umbrella. People with COPD have airway scarring and inflammation or damage to the air sacs in their lungs or both. COPD is progressive and can be debilitating.
COPD can be caused by the following:
- Smoking or exposure to cigarette smoke
- Exposure to wood, grain, or coal dust
- Exposure to chemicals
- Acid reflux
A genetic disorder called “alpha-1 antitrypsin deficiency” can also lead to lung damage and COPD.
Recognizing COPD Symptoms
COPD symptoms can include the following:
- Shortness of breath
- Frequent respiratory infections
- Wheezing
- Chronic cough
- Chest tightness
- Blue tinges to lips and fingernails
- Abundant mucus
- Fatigue
Social Security Disability Benefits Available for COPD
If you or someone you love has severe COPD, you may be asking, “Does COPD qualify for disability?” In many cases, it can. If you can prove that your COPD prevents you from performing fundamental activities or that the symptoms prevent you from doing your job, you could be eligible for benefits. However, you’ll have to apply for SSDI and then fulfill the criteria for Social Security disability benefits outlined by the Social Security Administration.
People who have applied often ask, “How long does it take to get disability for COPD?” You should apply as soon as you realize your COPD prevents you from working. The processing time on disability applications is about six to eight months. In addition, there is a five-month waiting period, so no benefits will be paid before the sixth full month of disability.
How Do I Get Social Security Disability Benefits For COPD?
You obtain Social Security disability benefits by applying for disability for COPD through the SSA. You can apply online at Disability | SSA, or you can call the SSA’s toll-free number, 1-800-772-1213, to make an appointment for an in-person or telephonic application.
To expedite processing, your application should include the following:
- Contact details of all doctors, therapists, hospitals, clinics, and caseworkers
- Dates of all your medical treatments
- Medication names and dosages you take
- Copies of all your medical records
- Lab and test results
- A list of your employers and the work you did for each
- A copy of your most recent W-2 or your prior year tax return, if you’re self-employed
To qualify for SSDI, the SSA uses a five-step evaluation process. First, they’ll determine whether you’re working. If you are and your income averages more than that produced by “substantial gainful activity” (SGA), you likely won’t qualify. If you’re not working or if your income is less than the SGA, the agency proceeds to step two.
Next, they will determine whether your medical condition is “severe.” For your condition to be considered a disability, it must significantly impair, or be likely to impair, your ability to perform basic work functions for at least twelve months. These functions include walking, sitting, carrying, lifting, and remembering instructions. Additionally, you must be unable to do work you previously performed or adjust to other work because of your condition. If you meet these qualifications, your case moves on to the third step.
In step three, the agency will determine whether your condition appears on the listing of impairments found in the SSA’s Blue Book, or whether your condition medically equals the criteria of a listing. If so, you have a qualifying disability. If not, the agency will proceed to step four.
At step four, the agency will determine whether your medical condition prevents you from doing any of your past work. If you can perform any of the jobs you did before, you won’t have a qualifying disability. However, if you can’t do any of your previous work, on a full time basis, the agency goes to step five.
Step five involves the agency determining whether there is other work you could do, on a full time basis, despite your condition. If not, the agency will decide you have a disability. If they find that you can adjust to other work, you have no qualifying disability.
Medical Evidence You Need to Qualify for Disability with COPD
The types of medical evidence you’ll need to qualify for disability because of your COPD can include the following:
- Spirometry (tests of your air flow)
- DLCO (diffusing capacity of the lungs) test that shows how well your lungs are working
- ABG (arterial blood gas) test measures the levels of oxygen and carbon dioxide in your blood
- Pulse oximetry report of the oxygen saturation in your blood
- Physical exam reports
- X-rays and other medical imaging reports
- A written chronology of your medical history
- An explanation of the treatments you’ve had and how well they’ve worked
If My COPD Doesn’t Meet the SSA’s Blue Book Listing, Can I Still Get Disability Benefits?
Yes. COPD is listed in the Blue Book in Section 3.02. However, what happens if your condition isn’t listed in the Blue Book, or if you don’t exactly meet the criteria for the listing? Fortunately, you can use other conditions you may have been diagnosed with (such as high blood pressure, diabetes, coronary artery disease, or obesity) to “equal” the listings if all your symptoms in totality result in a similar level of severity.
Talk to Our Oklahoma Social Security Disability Attorneys Today
The SSA’s application process for Social Security disability benefits is complicated. If your COPD keeps you from working, you need those benefits as soon as you can get them. Don’t try to tackle the application process on your own. Call an Oklahoma SSDI lawyer today.
At Ryan Bisher Ryan & Simons, we handle Social Security disability claims across the Sooner State. If you want to know, “Can you get disability for COPD?” call our office for your free, no-obligation consultation. Discover how our attorneys can help you get the disability benefits you need.
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