The Americans With Disabilities Act
This federal law demands that employers give workers with disabilities full access to everything that a worker without a disability may have. Employees can also request that policies or practices within the company that discriminate against employees with disabilities be altered. The ADA prohibits employers from discriminating against employees with disabilities in all employment areas and requires that reasonable accommodations be considered through an interactive process.
Wondering How To Service Connect Your Asthma
Join;VA Claims Insider Elite, get instant access to the Elite Experience Portal Plus and $13,119 worth of proprietary VA claim resources and start FREE today:
Become an Insider
Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating!
Those Who Suffer From Frequent And Severe Asthma Attacks That Can’t Be Controlled With Medication May Get Disability Benefits
By Bethany K. Laurence, Attorney
Asthma is a chronic disease of the respiratory system that involves inflammation of the airways. Asthma-related inflammation causes excessive mucous production within the airways, which results in constricted airways. Asthma is triggered by various stimuli, such as pets, medication, pollutions, chemicals, hormones, exposure to cigarette smoke, cold viruses, and other pathogens in the environment.
Symptoms of asthma include shortness of breath, wheezing, coughing, and tightness in the chest. Treatment of asthma may include the use of inhalers, nebulizers, medications, and simply limiting exposure to triggering stimuli when possible.
Asthma is a common reason that people apply for Social Security disability benefits. Most people who apply for disability based on asthma, however, are disappointed because they get denied. This is because asthma can often be treated effectively with medication. However, some patients do suffer from serious asthma attacks that can’t be controlled with at-home medication or treatment. In these cases they are often admitted to the hospital for treatments with intravenous bronchodilators, intravenous antibiotics, or prolonged inhalation treatments. Patients with repeated, severe attacks requiring hospitalization should be approved for disability benefits because the frequency and intensity of their asthma attacks is severe enough to prevent them from working.
You May Like: How To Make A Homemade Inhaler For Asthma
I Have Been Diagnosed With Asthma Can I Apply For Social Security Disability Benefits Disability Insurance Benefits Or Supplemental Security Income Benefits
Getting a diagnosis of asthma is only the beginning of your Social Security disability claim. The main focus is usually on the symptoms you experience from asthma and how those symptoms affect your ability to engage in physical and mental work-related activities eight hours per day, five days per week.
Asthma is the chronic inflammation and narrowing of your airways. It causes persistent coughing especially at night and early morning, wheezing, shortness of breath, and chest tightness. It is a very common illness at any age, but most patients develop it during childhood.
Doctors have not yet found the exact cause of asthma. Even the triggers of asthma attacks are varied, including allergens in animal fur, pollen, and the like; dust; cigarette smoke; certain medicines; and viral infections. There is also no specific cure for asthma as of now. However, it can be managed with medication and lifestyle changes.
While many asthma patients eventually overcome this condition, a severe case of asthma can restrict your daily activities. There are also cases where asthma symptoms get serious enough to be fatal.
What Medical Conditions Qualify For Short
To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.
To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.
Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.
Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:
An employee is entitled to payment of a short-term disability benefit if that employee proves that:
- the employee became totally disabled while covered
- the total disability has continued beyoned the elimintation period
- the employee has been following appropriate treatment for the disabling condition
An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.
Read Also: What’s An Asthma Attack Feel Like
Medical Conditions That Qualify For The Disability Tax Credit
Any Canadian, of any age, who has a significant health condition, may qualify for the Disability Tax Credit. BMD specializes in helping Canadians with health conditions to obtain credits that they are due. The Disability Tax Credit can often bring over $25,000 to qualifying claimants. Disabled Canadians as well as those less affected, who have health conditions and are restricted in their daily abilities can benefit! Many Canadians with medical conditions qualify for this income tax benefit and are simply not aware that they do. BMD Services helps Canadians with Disabilities, as well as those with lesser restrictions obtain their tax benefits. These refunds are important to those who qualify as these can equal $25,000 in a lump sum, as well as $2,500 per year for current and future tax years.
Some common conditions that regularly qualify are:
- Slowed Walking
- Memory Loss, Confusion, Alzheimers, Dementia, Depression, ADHD
See our list of other common medical conditions that qualify for the DTC.
A Long Term Disability Attorney Can Help
Getting approved for long term disability for asthma can be challenging. Your insurance company may be skeptical of the severity of your symptoms, or not understand the ways your symptoms impair you from working.
Having an experienced;long term disability attorney;can go a long way in getting your benefits approved. A long term disability attorney will know how best to substantiate your asthma disability claim with the evidence your insurance company seeks.
Avoid fatal mistakes and get it right the first time by calling Riemer Hess LLC, Attorneys at Law, to arrange a consultation: 212-297-0700.
Read Also: Does Smoking Weed Affect Your Asthma
Requirements For Asthma Disability
If you can prove you meet all the criteria established by the SSA in its Listing 3.03, your claim will be automatically approved.
To meet the requirements for asthma, you must be diagnosed with chronic asthma and fulfill the following requirements:
- You must have had three exacerbations or complications requiring hospitalization in a one-year period. The hospitalizations must have lasted at least 48 hours each and must have occurred at least 30 days apart.
- Your FEV1 value must be as low as stated in Social Security’s chart in its asthma listing, considering your age, gender and height.
If you have chronic asthmatic bronchitis, you must have the same qualifying FEV1 value as required for chronic obstructive pulmonary disease . See more below.
Qualifying For Ltd Benefits With Asthma
Long-term disability insurance offers benefits toindividuals who are unable to work due to a disability. Typically, a LTD policywill pay a percentage of your salary for a set period of time,which may be limited to a few years or until retirement age. LTD benefitsrequire a waiting period before applying, which maybe 6 months or longer after the onset of the disability.
To qualify for LTD benefits due to asthma, you will have to prove that it meets the definition of a disability under the terms of your policy. Generally, this requires proving that your asthma seriously impairs your activities of daily living as well as your ability to perform work.
For example, if you have persistent asthma attacks that last atleast one day and require intensive treatment, that may be considered adisability as it would likely impair your ability to work. Alternatively, ifyou regularly have acute asthma attacks that necessitate hospitalization ortreatment from a doctor, then your condition may be severe enough to qualifyfor LTD benefits.
To be eligible for LTD benefits, you must provide evidence that youhave asthma. This is typically done through medical records, such as anofficial diagnosis from your doctor, treatment records and the results fromtests. A diagnosis should specify the type of asthma that you have and describethe severity of your condition; this information can help you in obtainingcoverage.
Also Check: Does Weather Affect Asthma
Inability To Work Due To Asthma
Most long term disability insurance policies define disability as a medical condition that prevents you from performing the duties of your occupation. Getting approved for long term disability due to your asthma will require explaining to your insurance company the specific ways that your asthma symptoms prevent you from working.
For example, poorly controlled asthma may result in frequent and unexpected sick days forcing you to miss an important meeting or causing you to fall behind on your work. Your coughing and constant shortness of breath may keep you up most of the night, resulting in severe fatigue and an inability to concentrate the following day.;Or, a stress-induced coughing or wheezing episode may frequently come on at very inopportune times such as in the middle of a presentation or during a telephone call with a new client.
If your asthma symptoms are induced by physical exertion, traveling to meetings while carrying your heavy briefcase may cause shortness of breath, coughing, wheezing, and chest pains.; If you make it to your meeting after experiencing these symptoms, you may not be in the right frame of mind to successfully conduct your business.;;;;;;;;;;
Dont Be Afraid To Speak Up
The ADA prohibits retaliation, harassment or coercion against people who exercise their rights or assist others in doing so. You may file a complaint with the DOJ if you feel you have been treated unfairly. The DOJ can sue to seek money damages and civil penalties in cases of general public importance, or where there is a pattern or practice of discrimination. You can find a list of all government agencies that handle ADA complaints at .
You can also file a private suit to get a court order requiring a business or program to make necessary changes and possibly to pay attorneys fees. You might also be able to get your job back and get back pay.
Let us work together to promote positive attitudes and safe environments for those with asthma and allergies. We can help fulfill the promise of the ADA for ourselves and our children.
Legal Review March 2016
Read Also: Asthma And Weight
Record Of Disability: She Had None
The second element of the disability test is regarded as having a disability.; In Merit, the court found she had no record of a disability.;;
The court based this based on her inability to show that her asthma limited any major life activity.; Thus, she had no record of a disability.
This is the reason why the first element is so crucial for disability cases.; The other two elements are hard to prove.
If you cannot prove that your life has been restricted in some way, you likely cannot prove that you have a record of a disability.
Unfortunately, the plaintiff did not fare any better on the last element.;;
Gathering Proper Medical Evidence
You will have to undergo a spirometry test in order to prove that you have chronic asthmatic bronchitis and meet the listing requirements for asthma. This kind of test measures how much air you breathe both in and out and the rate at which you breathe. The disability requirements stipulate that you must measure how much air you are able to force out in one second. You will also need to prove to the SSA that you have been experiencing the required symptoms for 12 consecutive months, via medical records showing hospitalizations, treatments you received and testimony from your doctor in regards to your compliance towards treatment for asthma.
Don’t Miss: Get Rid Of Asthma
Can I Request A Reasonable Accommodation For Asthma
Sam* has lived with asthma most of her life. Her asthma was well-controlled, but she learned that strong cleaning agents used in her old office could trigger intense asthma symptoms.
There have been a couple of occasions where the carpets in the building I was located in were shampooed. We werent given notice, so when I showed up to work I would walk into a cloud of chemical smell that would often persist for several days.
Sams story isnt entirely unique. According to the American Lung Association, 1 of every 12 adults live with asthma, and nearly 22 percent of those adults say that their symptoms get worse from exposure to triggers at work.
If youre part of that 22 percent or you want to potentially avoid joining their ranks you may want to talk to your employer about reasonable accommodations for asthma under the Americans with Disabilities Act .
The ADA is a federal law passed by Congress in 1990, and is designed to protect against discrimination on the basis of disability in most areas of public life, including workplaces, schools, and public and private places that are open to the general public. Many states and cities have similarly enacted laws aimed at protecting individuals with disabilities from discrimination.
What Kind Of Medical Evidence Of Asthma Do I Need
A spirometry test measures how much air you breathe in each breath along with the rate of your breath. This is where the FEV1 value comes from. The test measures how much breath you can force out in one second.
Keeping detailed records of a year of severe asthma can be crucial to receiving SSI benefits. You should be able to provide information on your hospitalizations as well as treatments. You must also show that you were following your doctors plan for preventing asthma attacks. Include contact information for every hospital, clinic, or medical facility that you visit for asthma treatment. Be sure to know medication names and dosages.
If you have severe asthma and believe that your employer is failing to provide a reasonable accommodation to you, reach out to a disability lawyer for your legal solutions.
Don’t Miss: Are Chihuahuas Good For Asthma
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.
Ada Protections Vs Ssi Benefits
Employment law ensures that workers receive a number of protections and benefits when they are dealing with a disability or health condition. While the Americans with Disabilities Act prohibits disability discrimination and provides reasonable accommodations, Social Security Insurance benefits are given to people who are unable to work due to their health condition.
Employees need to determine which option is best according to the severity of their asthma.
Recommended Reading: How Can U Get Asthma
Suing For Disability Discrimination Under The Americans With Disabilities Act
Under the ADA, you could alway sue if your employer terminated your employer for damages in federal court.
You would have to go through the administrative process with the Equal Employment Opportunity Commission .;
You would file a charge with the EEOC.; The EEOC would then investigate your claim.; After some time passes, the EEOC would then issue a right to sue letter.; And you would sue in federal court.
If you are successful, you will receive some type of compensation.
;Your damages would consist of back pay, front pay, emotional distress, and sometimes punitive damages.
- Back pay: where you get the money you should have made had your employer not terminated you.
- Front pay: where you claim that you can no longer work at your previous employer.; As a result, you are seeking damages from the time of trial to when you can find another position.
- Emotional distress: where you suffered some type of pain and suffering.
- Punitive damages: where the court awards you money intending to punish your employer for its actions.
Lawsuits are expensive.; Even though your employment lawyer will likely take your case on contingency, it takes a long time and you may not receive as much as you want.
With asthma, a disability that could go either way, it might be wise to work with your employer.; Especially if you have a good job you want to keep.
How Can You Medically Qualify For Asthma Disability Benefits
Asthma can make it impossible to work, especially if you work in an industry where there are often pollutants in the air.
The Social Security Administrations Blue Book contains a list of the conditions that qualify for disability benefits. It has a listing for asthma. To meet the requirements you must have a diagnosis of asthma and it must be severe enough to require intensive treatments and make it impossible for you to work. The SSA considers intensive treatments to be:
- intravenous bronchodilator
- antibiotic administration
- prolonged bronchodilator therapy in a hospital, emergency room or similar setting
If you dont meet the requirement for intensive treatment or if your asthma flares arent prolonged or daily, you can still qualify for Social Security disability benefits under Medical Vocational Allowance.
You May Like: Athletically Induced Asthma