Asthma and Disability

April 8, 2014

Asthma and Disability 

The Social Security Administration provides for disability benefits in some circumstances involving respiratory conditions such as asthma, COPD, emphysema, chronic bronchitis, etc., may be disabling.  These impairments are governed by Listing 3.00, Part 404, Subpart P, Appendix 1 of the Social Security Law.  Your  respiratory impairment may be documented based on symptoms, physical signs, laboratory abnormalities, and response to a regimen of treatment prescribed by your doctor.  But, it must be established by medical evidence which is sufficiently detailed to allowed the Social Security Administration to evaluate the severity of your condition.

  If you have been diagnosed with Asthma, your condition may entitle you to disability if you have had chronic asthmatic bronchitis and your breathing ability is significantly reduced as shown on breathing tests known as pulmonary function studies.  This could include impairments in either getting enough oxygen into your lungs or getting the used up oxygen back out of your lungs.  There is not one particular number that you have to provide Social Security to determine if you are eligible based on this listing.  Rather, they would need to know your height as well as your breathing test results.  The specific number will vary depending on height.  If your breathing studies are not severe enough to meet these numbers, there is another way that you may still be entitled to disability benefits.  If your Asthma is being treated by a medical doctor and you take the medications prescribed for this condition, in the amount and frequency prescribed, but you still have asthma attacks, you may still be able to prove you are disabled.  If you are taking your medications like you are supposed to, but you continue to have Asthma attacks that do not respond to at-home medications and require you to have emergency visits with your doctor, or require you to go to urgent care or to the emergency room, you may still be eligible for disability.  These attacks must be occurring at least one every 2  months or at least six times a year (in-patient hospitalizations may count as 2 attacks).  It is important that you document any attacks that did not respond to at-home treatment and required you to go to for emergency treatment.

  If you have asthma and you need help determining if you should file for Social Security disability benefits, please call us at (216)621-2034.

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