Is Asthma Considered For Disability Benefits
People with asthma can have difficulty breathing properly because of abnormal contractions of the bronchial tubes. Symptoms of this disorder include chest tightness, coughing, wheezing, and having shortness of breath. A lot of sources can trigger an asthma attack, too, including irritants in the air, allergies, cold air, exercise and cold viruses. Even emotional upsets can bring about an asthma attack, and some attacks occur without an apparent reason.
Though medication can often be used to treat asthma, some patients experience episodes that are disabling, despite having undergone treatment. These instances are rare, but they can make it impossible for an individual to maintain full-time employment. If you are experiencing asthma in Illinois, a Chicago disability lawyer will be able to help you determine if you can maintain disability benefits from the SSA.
Asthma Symptoms And Treatments
Asthma affects people differently. You might suffer from any of the many different types of asthma, including allergic asthma, exercise-induced asthma, occupational asthma, adult-onset asthma, nonallergic asthma or others. Regardless of the type, most people have similar symptoms, such as coughing, wheezing, shortness of breath and tightening of the chest. Severe asthma attacks can be quite traumatic some people describe it as having to fight to get air into their lungs, or as if the air is being squeezed out of them, leaving them feeling helpless and weak.
These symptoms can be triggered by a wide variety of everyday items and situational experiences and exposures, including a common cold, stress, tobacco smoke, pollen, mold, food, dust, pet dander and exercise.
To treat asthma, people typically have to use various medications prescribed by their doctors. While asthma is often manageable and controllable with sufficient medical attention, as of 2019, scientists and researchers have yet to find a cure, and it remains a dangerous medical condition for many people.
Information On Children And Teens
While children have been less affected by COVID-19 compared with adults, children can be infected with the virus that causes COVID-19 and some children develop severe illness. Children with underlying medical conditions are at increased risk for severe illness compared to children without underlying medical conditions. Current evidence on which underlying medical conditions in children are associated with increased risk is limited. Current evidence suggests that children with medical complexity, with genetic, neurologic, metabolic conditions, or with congenital heart disease can be at increased risk for severe illness from COVID-19. Similar to adults, children with obesity, diabetes, asthma or chronic lung disease, sickle cell disease, or immunosuppression can also be at increased risk for severe illness from COVID-19. One way to protect the health of children is to ensure that all adults in a household are fully vaccinated against COVID-19.
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What Is Severe Asthma
Asthma is a chronic disease that affects your breathing. During an asthma attack, your airways narrow and produce excessive mucous, leading to the typical symptoms of coughing, wheezing, and shortness of breath. Many people with asthma use a quick-acting rescue inhaler to help open up the airways when symptoms arise, as well as long-acting medications like inhaled steroids to decrease inflammation and prevent future attacks.
About 5% of asthmatics have what is known as severe asthma. In some cases, severe asthma remains uncontrolled no matter what type of treatment is attempted. Other cases of severe asthma require high doses of inhaled steroids or oral steroids, along with other long-acting medications, to control it. People with severe asthma may still suffer from asthma attacks even when they are doing everything right. They may find themselves frequently in the emergency room or hospitalized due to the severity of their attacks.
Can You Qualify For Disability Because Of Job Restrictions
If you don’t qualify for disability automatically under the asthma listing and you are an adult, Social Security will consider what limitations your asthma puts on your ability to work a regular job. Social Security will develop an RFC for you â that is, a residual functional capacity assessment, which is what you are able to do despite your impairment. If your doctor has restricted you from heavy exertion, working around excessive dust and fumes, or working in extreme hot or cold temperatures, Social Security will include these job restrictions in your RFC. These limitations can rule out a number of jobs that you can do, and if you prior job required any of the restricted activities, Social Security will have to come up with other work that you can do. If you’re older than 50 or 55, you have a chance of getting disability benefits this way. For more information, see our section on how Social Security uses the RFC to decide what work you can do.
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You Deserve Experienced Legal Help
Dealing with asthma is difficult enough, without facing financial problems because you cant work. For chronic, severe asthma patients, SSDI and SSI can offer much-needed help. The application process is long and complex, however, and about two-thirds of all initialSSDI applications are denied. An experienced attorney from Handler, Henning & Rosenberg LLC can help you with every step of your claim, from gathering medical evidence to filing your application and requesting a reconsideration orappeal.
It starts with a free consultation give us a call at today!
About Asthma And Disability
What Is Asthma?
Asthma is a type of chronic obstructive lung disease . It is a chronic inflammatory disease of the breathing or bronchial tubes . Muscles in the bronchial tubes constrict due to irritation, which can be an innate problem or can be caused by inhaling certain substances. In addition to constriction, inflammation causes swelling and excess mucus that further narrows the bronchial tubes. The combination of constricting muscles and inflammation obstructs the flow of air in the lungs. Asthmatic attacks can cause shortness of breath, chest tightness, wheezing, and coughing.
Asthma can also be called asthmatic bronchitis, chronic asthmatic bronchitis, or reactive airways disease. Asthma frequently begins in childhood or adolescence, but can occur at any time in adult life.
Figure 1: Diagram of the bronchial tubes and lungs.
Severity of Asthma Attacks
Asthma attacks can be mild and infrequent, responding to an inhaled bronchodilator. They can also be frequent and severe enough to be life-threatening. A diagnosis of asthma alone does not mean you are entitled to Social Security disability benefits. When properly treated, people with asthma have participated in the Olympics, professional sports, amateur sports, and school-related sports without danger or difficulty.
Treatment for Asthma
Asthma Attack Triggers
Related Conditions
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How Do I Prove My Asthma Is A Disability
When filing your asthma long term disability claim, your insurance company will require evidence of your diagnosis and symptoms. There are different kinds of evidence you can use to substantiate your claim, such as: proof of your diagnosis, medical records showing appropriate treatment, a supportive report from your doctor, and your own narrative letter and documentation.
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.
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Asthma Requirements For Consideration
In order to qualify for disability, your condition must affect your ability to work. If your condition physically prevents you from doing your job or places you at risk for suffering an attack, you may need to rely on disability benefits to support your family. However, its important to note that only severe cases are considered for approval. Occasional bouts of inflammation or minor attacks that can be controlled by using medication such as inhalers arent considered to limit functional capacity enough to warrant disability.
For the SSA to recognize your condition as severe, your claim must adequately show the results of respiratory function tests. These tests can evaluate
- Spirometry: the measure of how much air you take into the lungs with each breath.
- Peak flow: the measure of your ability to push air out of your lungs.
- ABG : the measure of carbon dioxide and its pressure within the blood.
- DLCO : the measurements of the gas exchange across cell membranes in your lungs.
- Pulse oximetry: the measure of oxygen saturation within the blood.
If your test results fall within the SSA limitations for respiratory disability, your claim will be considered for approval. If your results dont qualify under the limitations, you may still be eligible for benefits if you can convince the SSA that your condition significantly affects your functional capacity.
Check If You Have An Impairment
You have an impairment if your physical or mental abilities are reduced in some way compared to most people. It could be the result of a medical condition – like arthritis in your hands that means you cant grip or carry things as well as other people.
An impairment doesnt have to be a diagnosed medical condition. If youre suffering from stress, you might have mental impairments – like difficulty concentrating – as well as physical impairments such as extreme tiredness and difficulty sleeping. It still has to have a substantial and long-term adverse effect on your ability to carry out day-to-day activities.
Your impairment doesnt have to stop you doing anything, as long as it makes it harder. It might cause you pain, make things take much longer than they should or mean that youre unable to do an activity more than once.
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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.
Do I Have To Disclose My Asthma At Work
In order to receive accommodations, you do have to let your human resources department know about your condition.
Because her asthma was mostly under control, Sam initially chose not to disclose her condition to her boss. When cleaning agents started making her symptoms flare, though, she explained the situation to her supervisor and supplied documentation from her healthcare provider as well.
Your healthcare provider can help you figure out what information you need to share as it relates to your request for accommodation.
Disclosure can be tough for people with chronic conditions and disabilities who fear discrimination in the workplace. Even though Sam had medical documentation, her employer at the time didnt believe that her condition warranted a special accommodation. For safety reasons, Sam started using her sick leave when her symptoms flared, leading to more tension with her boss.
No one should be subjected to unlawful discrimination in the workplace . If youre concerned about potential discrimination on the basis of your condition, you may want to speak to your HR representative or other high-ranking manager to discuss the issue. If you believe the issue was not resolved and you were subjected to unlawful disability discrimination, you may also consider contacting the Equal Employment Opportunity Commission , the federal agency that enforces the ADA , to file a formal complaint.
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Should You Request A Reasonable Accommodation
This, again, is a very personal question.; Sometimes workers feel that their employer might discriminate against them if they admit that they have a disability.
There is certainly some truth here.; If this did not happen, we would not have disability discrimination lawsuits.;;
I would say this, if your work starts to suffer, you should seriously consider requesting a reasonable accommodation.
With asthma, your work could certainly start to suffer.; Although the law is not perfectly clear, it might make sense to ask for the accomodation anyway.;;
You do not want to be terminated.; And you certainly do not want your employer to fire you when a reasonable accommodation could improve your work.
Also, once you request an accommodation, employers tend to be on their best behavior.; Again, they do not want to invite an employment lawsuit.
Sometimes, however, supervisors still discriminate.; If your supervisor starts discriminating after you have requested a reasonable accommodation, you should document it.
Make sure that you store and save these incidents of discrimination.; I highly recommend using technology. Emails to yourself are great.
E-mails are timestamped.; If you ever want to consider suing later, your employment lawyer will be really happy to see that you documented all the instances of discrimination with time-stamped e-mails.;;
The Common Reasons Disability Carriers Deny Asthma Disability Claims
Many claims are denied because the disability insurance company says:
There is no objective basis of the asthma diagnosis,
There is no objective basis for the restrictions and limitations assigned by your physician, or
There is no causal relationship between your asthma and/or your restrictions and limitations, and your inability to do your own or any occupation.
Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with asthma. She overcomes a claims denial by working closely with you and your physician.
She offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.
Also Check: How To Calm Down Asthma Symptoms
When Does Asthma Qualify For Disability
If you can meet the qualifications under the Social Security’s disability listing for adult asthma, your claim will be automatically approved. The asthma listing has two requirements:
- in a one-year period, you must have had three exacerbations or complications requiring hospitalization for at least 48 hours each. The hospitalizations must have occurred at least 30 days apart.
- your FEV1 value must be low for your age, gender and height .
Alternatively, if you have chronic bronchitis in addition to your asthma , you may be able to qualify for benefits based on the results of lung function/breathing test results alone. You must have the level of forced expiatory volume that is required for COPD . See our article on disability benefits for COPD to get the details on the test results required to qualify for disability for chronic asthmatic bronchitis.
Would You Prioritize People With Asthma For Vaccine Purposes
Asthma is a chronic condition that affects the lungs. People with moderate to severe asthma can be put into the category of living with a chronic health condition. This is because of the relative risk of worse outcomes given that COVID-19 also affects the lungs.
I think that deciding which conditions are given vaccine priority is very difficult.
There are certain conditions that, when people with these conditions also have COVID-19, are very likely to lead to poor outcomes. These conditions include obesity, diabetes, and COPD. Asthma isnt one of these conditions.
Were not necessarily seeing higher numbers of hospitalizations and deaths in people with asthma. The study in the American Journal of Respiratory and Critical Care Medicine showed that.
At the end of the day, if you have severe and difficult to manage asthma and your lungs are inflamed at baseline, then you may theoretically not have a very good outcome with COVID-19. Thats especially true if your lungs are affected.
Unfortunately, we dont have national guidelines for this. In New York State, moderate to severe asthma is on the vaccine priority list. So, not for the people who have mild asthma.
Its for the people who have moderate to severe asthma, which means that theyre likely on a controller medication.
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Hire A Muncie Disability Attorney
Difficulty breathing takes a toll on your body and can cause limitations that affect how you provide for your family. If you believe you might qualify for disability benefits with asthma, consult a Muncie disability attorney. Their knowledge about disability claims and working with the SSA is something that not everyone has. Call the attorneys at Hensley Legal Group or contact us online for a free consultation today.
Document Your Asthma Symptoms In Your Own Words
Objective medical evidence will hold the most weight with your insurance company, but it doesnt always provide a complete overview of your occupation and how exactly your asthma interferes with your ability to work. To increase your chances of approval, you can explain;how;and;why;each of your symptoms prevents you from performing your;job duties.
Write A Personal Narrative
It can be helpful to prepare a written, detailed narrative for the insurance company that explains how your individual symptoms prevent you from performing your job.;
Make sure your narrative addresses each of your symptoms by listing them separately.;Be specific and detailed when explaining your job duties and how your symptoms affect your ability to perform them.
Keep A Symptom Diary
It also may be helpful to keep a;symptom journal or diary;to provide to the insurer.; Your journal can include the exact date and time of your asthma episodes, your symptoms, what triggered your symptoms, and the effects of your symptoms.;
The symptom journal or diary can help your insurance company understand the frequency and severity of your asthma episodes – making it easier to prove your long term disability.;
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