Is Asthma a Disability? Tips from Michigan Disability Lawyers.
You can qualify for Social Security Disability benefits with asthma, but you need to prove that your symptoms are severe enough to stop you from working for a long time—at least 12 months.
Severe asthma attacks can make it impossible to handle work tasks and earn a living. So this lung condition can make you eligible for disability benefits.
But you have challenges to overcome. According to the Centers for Disease Control and Prevention (CDC), around 28 million Americans have asthma. Many of them can manage their symptoms and continue to hold a job. You have to show how your case is different.
Social Security denies people for benefits all the time, so you must prove that your asthmatic condition is so severe that it rules out working almost any amount at all.
Talk to the Ohio and Michigan disability lawyers at Levine Benjamin Law Firm to find out how you might prove your disability claim for asthma and reach a more secure situation in life.
Levine Benjamin wins more disability benefits for people than any other law firm in Michigan, according to Social Security rankings. We’ve helped over 100,000 people in Detroit, Flint, Lansing, Grand Rapids, Toledo, and across Michigan and Ohio.
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When Does Social Security Consider Asthma a Disability?
Social Security has a list of qualifying impairments sometimes called its “blue book.” Asthma falls under the category “3.00 Respiratory Disorders—Adult,” listing 3.03.
This means that the Social Security Administration (SSA) has a specific way of evaluating asthma disability claims and determining whether you qualify for benefits.
A claims examiner will need to see both of the following:
- You have a forced expiratory volume in one second (FEV1) equal to or lower than standards for your height, age and sex—this is a test of how forcefully you can breathe out.
- You’ve had asthma attacks requiring three hospitalizations within a 12-month period and at least 30 days apart, with each stay lasting at least 48 hours. And your FEV1 test results must fall within the same 12 months.
If you meet these conditions, Social Security may consider you eligible for disability benefits for at least one year after your last hospitalization and then reevaluate your case.
Even if you don’t meet these exact rules, you could still receive benefits if you can show that you meet the general requirements for Social Security Disability—you’re unable to work a significant amount for 12 months or longer because of medical symptoms.
It’s hard to meet Social Security’s standards, but our Michigan & Ohio disability lawyers can help you make your application for benefits more persuasive.
What Do You Need to Get Asthma Disability Benefits in Michigan & Ohio?
When it evaluates your disability application for asthma, Social Security looks for hard evidence that your breathing difficulties are truly debilitating.
These kinds of medical evidence support your claim for asthma disability benefits:
- Forced Expiratory Volume Breathing Test (FEV1): how strongly you can blow into a tube
- Forced Vital Capacity Breathing Test (FVC): also using “spirometry,” or breathing into a tube
- Lung Diffusion Testing (DLCO): a measurement of your lung’s ability to transfer gases.
- Need for intravenous bronchodilator treatment, inhalers or antibiotics: documentation confirming your medical needs
- Asthma attacks that last a day or longer: medical reports confirming the duration of your attacks
- Attacks that happen at least every two months, or six times a year: documentation of the occurrences
- Attacks severe enough to need a doctor’s attention: records from your medical visits
- Attacks that happen despite your treatment: comparing your attacks with your treatment course
You can find out more about whether your individual case of asthma is limiting enough to give you strong case for Social Security Disability benefits by having a conversation with the Levine Benjamin disability law team free of charges or obligations.
Symptoms to Document for an Asthma Disability Claim
In all the doctors’ reports and medical records you send Social Security, they’ll be looking for the ways your symptoms of asthma block you from working.
Make sure to provide a clear picture of all the ways asthma affects you, including:
- Anxiety
- Chest and neck tightness
- Coughing
- Fingers and lips turning blue
- Rapid breathing
And explain the circumstances when an asthma attack can hit:
- Air pollution
- Allergens in the air
- Chemical exposure
- Cold weather
- Emotional distress
- Infections
- Physical exertion
- Reaction to medicines
- Smoky air
When your energy is sapped thanks to severe asthma, having to build a full-on legal case out of your health status seems overwhelming.
An experienced Social Security Disability lawyer takes the pressure off. Levine Benjamin disability attorneys can help you put together the right information in the right way for your disability case.
You pay no attorney fee until you win benefits. And with benefits, you can get a break from the stress and take the best care of yourself.
What Should I Do If My Asthma Disability Claim Gets Denied?
Even if you think it’s obvious that your asthma symptoms are debilitating and you have the objective evidence to back them up, you could still be denied disability benefits.
According to recent Social Security data, only around 35% to 40% of initial disability claims get approved. Winning benefits is always an uphill battle.
It can be especially difficult if you’re trying to claim benefits for a disease like asthma that many people don’t see as a “disability.”
If you’ve been denied benefits, you need to act quickly. Social Security gives you just 60 days to respond and request an appeal.
Our Detroit disability lawyers can help you navigate this process and build a stronger case on appeal.
It’s important to add the right medical evidence for your asthma disability appeal. You need to identify why Social Security denied you and fix those parts of your claim.
Even if you don’t win benefits on the first step of appeal, having key information in place can help your claim later.
Levine Benjamin can help you request reconsideration, the first step in the appeals process where another claims examiner will look at your application for benefits. Odds of approval are low at this stage, but it’s an important step in keeping your case alive.
If you get denied again, we can help you prepare for a disability hearing in front of an administrative law judge (ALJ). This is often your best chance to secure benefits.
If the judge doesn’t approve your benefits, we can also help with the next stage: the Social Security Appeals Council. And we can help you find a lawyer who handles federal court appeals, the last step of this process, if your case requires federal court review.
Trying to win disability benefits for asthma takes significant work. It’s easier to go through this with an experienced attorney on your side.
The disability lawyers at the Levine Benjamin Law Firm have been helping people across Michigan, Ohio and Indiana for over 60 years.
It won’t cost you anything to talk to us about your asthma disability claim and how we could help.