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Asthma and COPD disability cases

 

As we head into the cold and flu season, those with asthma and COPD often experience exacerbation of their condition.  If your applying for disability, there are several ways your case could be approved.

By far the easiest is for your condition to meet or equal a listing.  The asthma/COPD listing can be met in a couple of ways.  First, if you have 6 or more exacerbations requiring physician intervention within a year.  Physician intervention would be, at minimum, nebulizer treatments in the ER or doctor’s office (for children being prescribed prednisone for 6 days or more for 3 months out of the year meets the child listing).  Of course, medical treatment has changed and most now have a nebulizer in the home (there is some belief that the Asthma/COPD listing is coming up for review) which generally reduces the need to go to a physician for these treatments.  The other way to meet the listing is to have an FEV1 or FVC value low enough to meet SSA’s chart .  You can also meet the listing through arterial blood gases, but in over 8 years of working with Social Security cases I have seen this test performed only once (another reason why this listing needs reviewed).

But if you don’t meet the listing, that does not mean your case cannot be won.  You can still be found unable to sustain work with asthma and COPD.  If your on oxygen full time, you are not able to work.  Your symptoms, such as shortness of breath, fatigue, coughing, may impair your ability to perform work activities.  You may need to avoid certain environments and conditions that worsen your breathing problems.   This can all result in a finding of disabled.
Do you have severe asthma or COPD that is difficult to control.  Contact me today to discuss your case.