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Disability for Asthma

Is Asthma a Disability Eligible for Disability Benefits?

According to the Americans with Disability Act (ADA) and Social Security Administration (SSA), asthma is considered a disability. If people are suffering from asthma and are unable to do any kind of work, they can apply for the social security disability benefits.  

What is Asthma?  

Asthma is a lung disorder that involves chronic pain and inflammation in an individual’s capacity to breathe. This causes airways to become constricted or narrowed down. If we consider a healthy person, then they will take deep breaths that relax the airways. However, an asthmatic will face problems in deep breathing which will restrict the airways. It is when the airways tighten up that asthma can induce a feeling of breathlessness. The person with asthma will struggle and gasp for air.

There are two types of asthma attacks, one is the mild attack and the other is the severe attack. During a mild asthma attack, you will still be able to talk and breathe normally. However, during a severe asthma attack, it will be difficult for you to talk as you will be gasping for air. In some cases, people have even died from a severe asthma attack.

Asthma can be caused due to various reasons such as allergies, environmental factors, or even hereditary factors. It is important to note that there is no cure for asthma but it can be controlled with the help of medication and by avoiding triggers.

There are two stages to asthma:

  • Hyper-reactive response: In this stage, the muscles of the airways tighten in response to some irritant in the surroundings.
  • Inflammatory response: In this stage, it is the immune system that gets affected and causes the airways to swell. Sometimes, the airways can fill with some fluid and some sticky mucus is the outcome. If the inflammation continues in some individuals, then it might make them sensitive to their environment, pollution, dust particles, exercise, and other psychological factors.

What are the symptoms of Asthma?

The most common symptom of asthma is shortness of breath. This is followed by coughing, wheezing, and chest tightness. These symptoms can vary from person to person and can also depend on the trigger. 

For some people, asthma attacks can be triggered by exercise while for others it could be due to cold air or even stress. In some cases, the symptoms of asthma might not be evident until an attack is triggered.

Asthma is also related to sleep apnea for people who are unable to sleep due to prolonged breathing problems. People who suffer from asthma can also develop heart disease and diabetes.

Is Asthma a disability?

The SSA can consider someone with asthma to be disabled, but the condition must meet certain requirements. Asthma is covered in section 3.03 in the blue book of the SSA.

The first requirement is that the asthma must be a “medically determinable impairment.” This means that there must be objective evidence, such as a lung function test, to show that the person has asthma. The second requirement is that the asthma must be “severe.” This means that it must significantly limit the person’s ability to do basic activities, such as walking or breathing.

If the person’s asthma meets these requirements, the SSA will consider other factors, such as how well the person can function despite the asthma, to determine if he or she will get disability for asthma.

Can I get Disability for Asthma?

Yes, you can get disability benefits for asthma if it is severe and is affecting your ability to work. The Social Security Administration (SSA) has a Blue Book that contains a list of disabling conditions. If your asthma meets the criteria laid out in the Blue Book, then you will be eligible for social security disability benefits.

Asthma is a condition that is evaluated under the Respiratory disorders listings. In order to qualify for disability benefits, your asthma must be severe enough to meet or equal a listing. 

The SSA will also consider whether your asthma limits your ability to do any work. If your asthma is not severe enough to meet or equal a listing, the SSA will consider how it affects your ability to work.

The SSA will consider the following when determining if your asthma limits your ability to work:

  • How often do you experience symptoms?
  • How long do your symptoms last?
  • How well do you respond to medication?
  • Do you have any other health conditions that make it difficult to breathe?
  • Do you smoke?
  • What is your age, education, and work experience?

To get disability for asthma, you need to prove that your condition is severe and is preventing you from working. You will need to submit medical evidence such as hospital records, treatment history, lab test results, and doctor’s notes. 

It is important to note that the SSA will not approve your claim just based on your diagnosis. They will also consider the severity of your symptoms and how they impact your daily activities.

How to Apply for Asthma Disability Benefits?

If you think that you might qualify for social security disability benefits, you can start the application process online, over the phone, or in person.

When you apply for social security disability, you will need to provide information about your medical condition, your work history, and your finances. You will also need to provide copies of your medical records. The SSA will use this information to determine if you qualify for benefits. 

Asthma DisabilityIt is important to note that the disability application process can take several months. The SSA will review your application and then make a decision. If you are approved for benefits, you will start receiving payments within a few months.

If you are denied social security disability, you can appeal the decision. You will need to submit additional evidence and argue your case in front of a judge. The appeals process can take several months.

Applying for social security disability can be a long and complicated process. It is important to understand the requirements and gather all of the necessary documentation before you apply. An experienced attorney can help you navigate the process and increase your chances of getting approved for benefits.

What is the Medical-Vocational Allowance?

This exemption applies to people who are unable to work due to their serious condition and who fail to satisfy the SSA’s criteria. To qualify for this accommodation, you must file a disability claim and provide documentation of your residual functional capacity (RFC).

The RFC is a description of what you can still do despite your limitations. The SSA will use the RFC to determine whether you are able to work. If the SSA finds that you are not able to work, then you may qualify for the medical-vocational allowance.

The medical-vocational allowance is not meant to be a long-term solution. The SSA understands that your condition may improve over time. As such, the medical-vocational allowance is designed to be a temporary disability benefit. The SSA will periodically review your case to see if you are still eligible for the benefit.

If you are considering applying for social security disability benefits, you may want to contact an experienced New York Disability Lawyer.  An attorney can help you navigate the complicated application process. So, if you want to apply for asthma disability, contact our experienced attorneys today!

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