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Proving Disability for Asthma

Published on June 1st, 2019

Spring should be an enjoyable season. But high temperatures can be devastating for those predisposed to asthma and respiratory illnesses. Between pollution and pollen, it is hard to catch a break. A difficult attack can be enough to push a fragile person over the edge into disability.
  
Under Respiratory System – Medical Listing 3.03, Social Security defines a person as disabled under the asthma rules when the disease triggers attacks lasting more than one day, occurring at least six times a year, and requiring “intensive treatments” and follow up medical care.
Asthma is called “Reactive Airway Disease” or RAD to distinguish it from the more chronic diseases. It is seen as a temporary inflammation of the bronchial lining. It can also cause chronic pulmonary insufficiencies such as chronic obstructive pulmonary disease (COPD) or Chronic Restrictive Pulmonary disease.

These more chronic diseases are measured by tests called the FEV1 or FEV (forced expiratory volume). The qualification level for disability is dependent on age and weight. The tests measure how deeply you can breathe and blow. The results of these tests, along with information about restrictions of activities of daily living, help determine eligibility.

Many patients who receive regular private medical care may receive breathing treatments in doctors’ offices that qualify as “intensive treatment”. Others, with insurance support, may be able to administer such treatments at home. Emergency room treatment and hospitalization would be a rare occurrence for such a person, while it may be frequent for an underinsured person.

Detailed questioning is necessary to determine the exact severity of the asthma and the number of treatments which might qualify as “intensive” under this regulation.
It’s important to determine the side effects of the treatments. For many, a breathing treatment is followed by many hours of sleeping. If this occurs with any frequency, it clearly precludes full-time work.

Questions about this and other disabilities can be answered with a call to our office. Get a full evaluation of the possibilities of obtaining disability payments for your patients and clients.

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Clients are often worried that they “can’t afford an attorney.” All of our cases are undertaken on a contingency fee basis. A client doesn’t pay unless and until they win. Our fees are set by federal law at 25% of any back benefit. An attorney can make a big difference, not only in winning but in the amount won. Call or email us to talk about this or other concerns.

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