Is Asthma Considered A Disability
Asthma can strike at any age, but it is unknown why some people develop the disease while others do not. This is because asthmatics have more sensitive airways than the general population. Asthma, however, is not contagious.
You will not necessarily develop the condition simply because you have a parent who has asthma . If one or both of your parents has asthma or allergies, you are, however, more likely to develop it as well. Researchers are not yet sure why this happens.
Our Firm Can Help You Win Your Asthma Disability Case
If you have asthma, then you may need to hire an attorney to help you win your SSDI case. In order to hire Cannon Disabilit, all you need to do is call. Or, you can contact us on this website. We offer a free review of your case over the phone. And, it doesnt cost anything to call us. Better yet, it also doesnt cost you any upfront money to hire us.
Why? Because you only pay us an attorney fee if we win your asthma case. This is a contingency fee. It means if we win your SSD case, you pay the attorney fee out of your back benefits. If you do not win, then there is no attorney fee to pay.
If there are costs in your case, then you pay those costs. Typically, those costs are less than $100. Once we win, you pay your attorney free from your back benefit. For instance, to hire most lawyers, you have to pay upfront. We dont work like that. You dont have a job. Therefore, the only way to pay us, is for us to win your case. That is our goal. We want to win your asthma benefits case.
What Is An Asthma Attack
An asthma attack occurs when the muscles around your airways tighten and create bronchospasm. When this happens, then the lining of your lung airways become inflamed and produce too much mucus. This mucus is also thicker than normal. Due to the combination of these factors, an asthma attack occurs and you have trouble breathing.
Symptoms of a severe asthma attack include:
- Severe wheezing
- Anxiety and panic because you cannot breathe
- Blue lips and blue fingernails
Typically, when symptoms like this occur, you will need immediate treatment. For example, if you have trouble breathing, you will quickly use an asthma inhaler or bronchodilator. An asthma inhaler puts medicine into your lungs that opens up the airways. Then, you will be able to breathe. If you cannot breathe after using your inhaler, then you need to go to a hospital right away.
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When Should You Seek Medical Attention For Asthma Disability
If you have asthma symptoms, it is important to see a specialist immediately. An asthma inhaler or nebulizer may help improve your symptoms. Long-term and severe asthma attacks can also lead to anxiety issues. Seek emergency treatment if you have the following symptoms:
- Extreme difficulty in breathing
- Difficulty breathing while walking or talking
- Bluish tint to the skin
These symptoms can be triggered by several factors, including cold air, cold viruses, airborne irritants, allergies, exercise, and even emotional upset. There are even instances where asthma attacks occur for no clear reason.
Asthma symptoms can be treated effectively with proper medication and lifestyle changes. However, in some limited cases, patients may continue to experience disability from asthma attacks even after receiving treatment.
Many people apply for short-term disability for asthma when the condition restricts their ability to engage in full-time employment or normal activities of daily living.
Symptoms Vary From Person To Person
Asthma attacks may be frequent or only occur in certain situations, as when exercising or when a person has a cold or the flu. Symptoms can be constant or change from attack to attack. As asthma becomes worse, symptoms become more frequent and troublesome, and the person experiences increased difficulty breathing. Life-threatening symptoms, such as fast breathing or skin turning bluish must be treated right away with an inhaler or bronchodilator.
Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Asthma. If you have been denied disability dont give up!
- Some medications, including aspirin and other anti-inflammatories
- Preservatives and sulfites added to food and beverages
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When Does Asthma Qualify For Disability
If you can meet the qualifications under the Social Securityâs 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.
Residual Functional Capacity Assessment For Asthma
What Is RFC?
If your asthma is not severe enough to meet or equal a listing at Step 3 of the Sequential Evaluation Process, the Social Security Administration will need to determine your residual functional capacity to decide whether you are disabled at Step 4 and Step 5 of the Sequential Evaluation Process. RFC is a claimantâs ability to perform work-related activities. In other words, it is what you can still do despite your limitations. An RFC for physical impairments is expressed in terms of whether the Social Security Administration believes you can do heavy, medium, light, or sedentary work in spite of your impairments. The lower your RFC, the less the Social Security Administration believes you can do.
The Social Security Administration should carefully assess your RFC assessment because the severity of asthma may fluctuate depending on how effective treatment has been. Consequently, your RFC should not be based as strongly on the results spirometric testing as it is for other types of chronic obstructive pulmonary disease . See Meeting Social Security Administration Listing 3.03A for Asthma for more on spirometry.
Your own reports of your symptoms can be especially important. See how Keeping a Symptom Diary and Record of PEF Can Help You Win Social Security Disability Benefits.
Asthma Triggers in the Workplace
Here is a list of typical allergens and the type of work that would typically expose a person to them.
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Listing 304 For Cystic Fibrosis
There are several ways to meet the listing 3.04 for cystic fibrosis, including needing frequent hospitalizations or having low FEV1 results or oxygen saturation levels .
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 â 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 â like difficulty concentrating â 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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Also Check: Why Asthma Makes It Hard To Breathe
Can I Qualify For Disability Due To Asthma
The SSE will, when deciding if you are eligible to collect disability benefits due to asthma, check first to make sure that you are not earning more than $1090 per month. They will also make sure that your inability to work because of asthma lasts for 12 months or more. The SSA will see if your symptoms match their official asthma disability listing after you pass these initial tests for screening.
Asthma Symptoms & Qualifying For Ssdi/ssi
There is no cure for asthma, but symptoms can be controlled with inhalers, steroids, or oxygen. Symptoms may include:
- Shortness of breath
- Coughing or wheezing attacks
People with asthma may also have their symptoms triggered or worsened by physical exertion, cold weather, stress, allergies, or occupational irritants like chemical fumes, dust, or gases. When asthma symptoms are severe, they may prevent a person from earning enough money to make a living. If you cannot work because you have asthma, you could receive federal disability benefits under SSDI and/or SSI .
For both SSDI and SSI, your asthma must be expected to last for at least 12 months. Social Security only pays benefits for permanent and total disabilities, not temporary or partial disabilities.
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How Does The Social Security Administration Decide If I Qualify For Disability Benefits For Asthma
If you have asthma, Social Security disability benefits may be available. To determine whether you are disabled by asthma, the Social Security Administration first considers whether your asthma is severe enough to meet or equal a listing at Step 3 of the Sequential Evaluation Process. See Winning Social Security Disability Benefits for Asthma by Meeting a Listing. If you meet or equal a listing because of asthma, you are considered disabled. In this case, if you are wondering is asthma considered a disability, then the answer would be yes. However, if your asthma is not severe enough to equal or meet a listing, Social Security Administration must assess your residual functional capacity , to determine whether you qualify for benefits at Step 4 and Step 5 of the Sequential Evaluation Process. See Residual Functional Capacity Assessment for Asthma.
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.
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Are Asthma And Allergies Disabilities
Has a preschool rejected your child? Or was your child left out of a field trip because a teacher was afraid to use an epinephrine auto-injector? Does a moldy carpet at work or school make you sick? Does stale smoke in offices, hotel rooms or conference centers make it hard for you to work?
The Americans with Disabilities Act is a federal civil rights law. It gives people with disabilities the right to ask for changes where policies, practices or conditions leave you out or put you at a disadvantage. Public companies and places must give people with disabilities full access to all facilities, programs, goods and services. They must also give them the chance to enjoy these places and services just like someone without disabilities.
The ADA borrows from Section 504 of the Rehabilitation Act of 1973. The Rehabilitation Act says agencies, programs and services that receive federal money cannot discriminate based on disability when it comes to jobs or education.
This includes public accommodations, such as:
- Non-religious private schools
- Child care programs
These places must be accessible to and usable by those with disabilities. No one can be left out or denied services because of a disability. They also cannot be left out due to ignorance, attitudes or stereotypes others may have about disabilities.
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.
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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.
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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Does Asthma Qualify For Disability
If you have severe asthma symptoms that prevent you from maintaining a full-time job, you may qualify for Social Security disability benefits.
You can apply for these payments through your local Social Security Administration office. Youll need to submit the results of respiratory function tests with your disability claim application to show the severity of your asthma.
To provide a complete overview of your circumstances, you should also include any records of hospitalization. If you require intensive treatment at a hospital for 48 hours or more at least three times in one year, despite following a doctors asthma treatment plan, you may qualify for disability due to persistent asthma attacks.
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What Is The Aftermath Of Uncontrollable Asthma
Believe it or not, asthma can be a life-changing disease, with the potential to make a person partially or completely disabled. It is a chronic condition wherein a persons lungs and airways become inflamed, narrow, and swollen, and produce extra mucus which makes it even more difficult to breathe.
Many asthmatics face trouble due to breathlessness, wheezing, even needing to gasp for air. If a person is experiencing an asthma episode or attack, it is due to constricted and inflamed airways.
Qualifying For Ltd Benefits With Asthma
Long-term disability insurance offers benefits to individuals who are unable to work due to a disability. Typically, a LTD policy will 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 benefits require a waiting period before applying, which may be 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 at least one day and require intensive treatment, that may be considered a disability as it would likely impair your ability to work. Alternatively, if you regularly have acute asthma attacks that necessitate hospitalization or treatment from a doctor, then your condition may be severe enough to qualify for LTD benefits.
To be eligible for LTD benefits, you must provide evidence that you have asthma. This is typically done through medical records, such as an official diagnosis from your doctor, treatment records and the results from tests. A diagnosis should specify the type of asthma that you have and describe the severity of your condition this information can help you in obtaining coverage.
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Not Everyone With Asthma Qualifies For Social Security Disability Benefits
Approximately 18.4 million people over the age of 18 suffer from asthma, according to the Centers for Disease Control and Prevention , but not all of them qualify for Social Security disability benefits. If you can control your asthma by avoiding environmental triggers and by using medication, then you will not be eligible for benefits. However, if you experience frequent, sudden, and severe asthma attacks despite treatment then you may be unable to work and you may qualify for benefits.
The Social Security disability application process is confusing, but you can be prepared. Learn more about applying for benefits by reading Attorney John Keefes book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process or by contacting our firm directly by phone or via this website to schedule an initial meeting.