DISABILITY REQUIREMENTS FOR COPD



How do you get approved for disability with COPD?



 
Can I be approved for disability benefits for COPD if I do not meet the impairment listing? The answer to this question is yes.

There are two ways to be approved for disability if your alleged impairment is COPD. The first is via the disability impairment list, or listings.

Social Security Disability and SSI address COPD in the listings, or blue book, as it is more commonly known. Immune system disorders are covered in section 3.00 that elaborates on just how Social Security evaluates respiratory disorders. Impairment listing 3.02 A lists the criteria needed to meet or medically equal the severity requirements of the Social Security Disability program if a person has COPD. To see those requirements in detail, follow this link: Filing for disability with COPD

Resources:

1. Emphysema and Filing for Disability
2. COPD and applying for Social Security Disability
3. Social Security Disability list of conditions and COPD




The second route allows a person to be approved for disability benefits even if you do not meet the criteria of listing 3.02 A which is referred to by disability examiners who work on claims as "medical vocational allowances".

In the medical vocational decison process, Social Security uses a sequential evaluation process to determine if an individual is disabled.

Step 1- Are you currently working or have you been working at since you allege you became disabled? If so, is that work SGA? If your work is currently SGA, your disability claim will be denied. This is true without regard to your specific disabling conditions. If the work you are doing is not SGA or you have stop working, we move to step 2.

Step-2 ' If you meet the work requirements do you have a severe medical (physical or mental) impairment that is medically determinable that has prevented the performance of SGA?

Step- 3 Does the Severity of your disabling condition meet or equal the criteria of an impairment listing? If it does you may be approved for disability.

If you do not meet the criteria of the listing, Social Security Disability examiners can consider whether your chronic obstructive pulmonary disease is medically equivalent to any other impairment listed. Disability examiners must consider steps 4 and 5 of the sequential evaluation process. Individuals who do not meet or equal the criteria of the listings may or may not have a residual functional capacity that allows the to engage in SGA.

Step-4 Are you able to perform any of your past work of the past 15 years, when your limitations are considered? If you are able to perform a past job your disability claim will be denied. If your COPD prevents your from working and performing SGA, the disability examiner must move onto the next step.

Step-5 Are you able to perform any other kind of work? In order to make this determination disability examiners consider your age, your education, transferability of your job skills, and your residual functional capacity (what you are able to do in spite of limitations caused by your COPD).

This is the last step of the sequential evaluation process and as such it determines if you will be found disabled. If they determine you are able to do other work, your disability claim will be denied. If they find that you are unable to do any other kind of work, you may be approved for disability benefits.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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