Getting Disability Benefits for Respiratory Disorders

To be found disabled under Social Security regulations, the person’s impairment must be expected to result in death or expected to last at least 12 months.  Additionally the claimant must be unable to engage in any substantial gainful activity because of physical or mental impairment.  Social Security has a listing of Impairments for the major body groups that it uses to determine whether a medical condition or injury is severe enough to make a person eligible for disability benefits.  If a person’s condition meets or equals the listing of impairments, they are disabled by operation of law.  If a person’s condition does not meet the listing of impairments then Social Security will consider your functional capacity, and vocational abilities in addition to your medical evidence.

Listing of Impairments for Respiratory Disorders

Respiratory Disorders are listed under the Respiratory System category of the Listing of Impairments.  The listings in this section describe impairments resulting from respiratory disorders based on symptoms, physical signs, laboratory test abnormalities, and response to a regimen of treatment prescribed by a treating source.  Respiratory disorders along with any associated impairment(s) must be established by medical evidence.  Evidence must be provided in sufficient detail to permit an independent reviewer to evaluate the severity of the impairment.  The Respiratory Disorders are:

• Chronic pulmonary insufficiency
• Asthma
• Cystic fibrosis
• Pneumoconiosis
• Bronchiectasis
• Mycobacterial, mycotic, and other chronic persistent infections of the lung
• Cor pulmonale secondary to chronic pulmonary vascular hypertension. 
• Sleep-related breathing disorders.
• Lung transplant

How to Get Disability Benefits

If you have determined that, you may be eligible for benefits the next step is to apply.  You should apply as soon as you feel you are disabled, as it can take three to five months to get a decision on your claim.

You can also apply for benefits online.  One of the great advantages of using the online service is that it you apply at your own pace.  You can print preliminary application information that will tell you what type of information you need to gather to complete your application.  You can save the application and return to it when you have the medical information that you need.  This is very helpful in disability cases if you see many doctors or go to various hospitals.  The disability application asks for all of your medical information.  It will also direct you as to what information you may need to send into Social Security.  Once you have filed the application, Social Security will contact you to verify information, to request additional information or to set up appointments with Social Security doctors if they do not have enough information.

Getting Legal Help

Determinations of Disability are based on medical information, your functional capacity, and vocational abilities.  You have the right to representation before Social Security.  Legal representation in this area is crucial to a successful claim.  It is important to make sure that your representative has experience in handling cases before Social Security.  Social Security will even set aside a portion of any past due benefits you may be entitled to pay representation fees to make getting representation easier.