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.
Mental Health Disabilities And Addictions
Although mental health disability is a form of non-evident disability, it raises particular issues that merit independent consideration. Section 10 of the Code expressly includes mental health disabilities. The courts have confirmed that addictions to drugs or alcohol are protected by the Code. People with mental health disabilities and addictions face a high degree of stigmatization and significant barriers. Stigmatization can foster a climate that exacerbates stress, and may trigger or worsen the persons condition. It may also mean that someone who has a problem and needs help may not seek it, for fear of being labelled.
The distinct and serious issues faced by people with mental health disabilities and addictions prompted the OHRC to hold a province-wide consultation specifically on discrimination based on mental health. In 2012, the OHRC published its findings in a consultation report entitled Minds That Matter. The OHRC relied on these findings, as well as on developments in the law, international trends and social science research to inform its Policy on preventing discrimination based on mental health disabilities and addictions , which was released in 2014.
The OHRCs Mental Health Policy provides user-friendly guidance to organizations on how to define, assess, handle and resolve human rights issues related to mental health and addiction disabilities. It also addresses:
Making The Ada Work For You
If you or your child would like help due to asthma or allergies, speak with a school administrator, manager, employer, human specialist or disabilities service coordinator. They should know the procedure to help you get appropriate changes, aids or services. You can call on a variety of sources for advice and creative, practical ideas.
The U.S. Department of Justice runs a hotline where you can ask questions, get free materials and find out how to file a complaint. The ADA Hotline number is 800-514-0301 or 800-514-0383 . There is also helpful information about the ADA on their website at www.ada.gov.
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Choosing Jobs When You Have Asthma
Asthma doesnt need to get in the way of choosing the job you want to do. But there are some jobs which may be harder to get, depending on how bad your asthma is, such as jobs in the armed forces, or the fire brigade.
Having asthma wont automatically exclude you from these roles, but youll need to prove youre fit for duty with assessments and medical checks.
Your asthma may be more of a problem in jobs where youre exposed to workplace asthma triggers like flour dust or chemicals. The Health & Safety Executive publishes a list of the best known substances, which is updated regularly.
Can I Get Additional Ada Information And Assistance
The EEOC conducts an active technical assistance program to promote voluntary compliance with the ADA. This program is designed to help people with disabilities understand their rights and to help employers understand their responsibilities under the law.
In January 1992, EEOC published a Technical Assistance Manual, providing practical application of legal requirements to specific employment activities, with a directory of resources to aid compliance. EEOC publishes other educational materials, provides training on the law for people with disabilities and for employers, and participates in meetings and training programs of other organizations. EEOC staff also will respond to individual requests for information and assistance. The Commission’s technical assistance program is separate and distinct from its enforcement responsibilities. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries.
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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.
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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.
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Can An Employer Require Medical Examinations Or Ask Questions About A Disability
If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.
An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer’s business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.
The results of all medical examinations must be kept confidential, and maintained in separate medical files.
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Asthma And Your Ability To Perform Physical Work
When you cant breathe effectively, its difficult to perform any kind of physical activity. There is no doubt that people with severe asthma attacks have a compromised ability to perform physical work during the attack.
In order for the SSA to approve you for Social Security Disability benefits, however, you will need to show that you can no longer perform the work that you have done previously as a result of the asthma attacks. The SSA will look closely at all work you have done in the past 15 years to determine whether any job that you are trained for could still be done despite your asthma.
Many asthma related Social Security Disability claims are denied initially. If your claim has been denied , consult a Social Security Disability lawyer. A qualified Social Security Disability attorney knows what the SSA is looking for on your claim, and how to ensure that your doctor is equipped to fill out the medical evaluation using language that the SSA is likely to approve.
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 .
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How Occupational Asthma Can Affect Your Working Life
Occupational asthma can have many consequences and affect you on a day-to-day basis at work. For instance:
- You may need to regularly have time off work to attend medical appointments
- Worries that your colleagues dont believe you have a true disability and feeling self-conscious about having time off or using an inhaler in work
- Worries about being discriminated against in work and being overlooked for promotion opportunities because of your condition
However, the Equality Act states that your employer is legally required to make reasonable adjustments if you have a disability, such as occupational asthma. These can include:
- Letting you have time off to undergo medical treatment or assessments
- Making physical adjustments to your working environment
- Allowing a phased return to work following a period of ill health
- Changing your duties to prevent your exposure to asthma triggers, or giving you the option of moving into a different role within the same company.
For an employer to make the right changes in the workplace, its important to be open about the effects of your severe asthma. If you get the right support from your employer, youll be in a better position to perform at the best of your abilities, which in turn benefits the company you work for.
Its worth noting that if you feel your employer isnt making suitable changes to accommodate your condition, they may be in breach of the Equality Act.
Having An Asthma Attack At Work
People with asthma tell us they worry about having asthma symptoms or an asthma attack at work.
Here are 5 simple tips to help you feel more confident that your asthmas not going to flare up at work. And help you feel more in control if it does.
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What Do I Do If I Think That I’m Being Discriminated Against
If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.
You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees.
While the EEOC can only process ADA charges based on actions occurring on or after July 26, 1992, you may already be protected by State or local laws or by other current federal laws. EEOC field offices can refer you to the agencies that enforce those laws.
To contact the EEOC, look in your telephone directory under “U.S. Government.” For information and instructions on reaching your local office, call:
- or 202-663-4494 .)
Disabling Symptoms Of Asthma
In many cases, asthma is a chronic condition requiring lifelong maintenance. The symptoms can be extremely distressing and make it difficult to engage in normal, everyday activities. During an asthma episode, inhaling and exhaling are restricted due to swelling or inflammation of your airways, increased reactivity and sensitivity of your airways, excess mucus clogging your airways, and/or muscle tightening around your airways.
Disabling Physical Symptoms of Asthma
Disabling symptoms associated with asthma include, without limitation:
- Difficulty breathing which makes it hard to catch your breath it may feel like you are running out of air to breathe
- Chest pains and tightness, which could be so severe it feels like a weight on your chest
- Shortness of breath
Other serious respiratory complications of asthma include a number of serious lung diseases, such as:
Complications from asthma may even result in death, especially when left untreated.
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How The Ada Can Help
If you have asthma or allergies, the ADA can help you feel safe and healthier when you work, shop, go to school, or eat. Under the ADA, a business canât deny you if youâre qualified because of your allergies or asthma. Instead, they will need to provide an allergy-friendly lunchroom or work environment.
Public and nonreligious private schools also must create friendly environments that are free of asthma or allergy triggers. Even if the school doesnât get funds from the government, they must follow the ADA.
The Americans with Disabilities Act calls a change made to make you more comfortable an accommodation. You and the people in your space will work together to make a shift that best fits your well-being.
An accommodation may include a workspace reorganization to get rid of things youâre allergic to, lower triggers like odors, or replace old carpets. But organizations donât need to make a change that causes a huge alteration.
For example, if the company doesnât have enough money to support your change or it would drastically adjust the way it does business, you wouldnât be able to ask for it to accommodate you in that way. But your company must make a strong effort to help you stay comfortable before it denies your request. The only way a business can deny your accommodation is if it has considered all options first.
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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