Facts about Asbestosis and Filing for Disability
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.
Facts about the condition
1. Asbestosis is a condition that affects the lungs, and is caused by breathing in fibers from asbestos, a building material widely used until the 1970s.
2. Asbestosis occurs from long-term build up of fibers in the lungs, leading to scarring and ultimately breathing trouble. Often, problems from exposure do not occur until over 20 years after initial exposure.
3. The scarring in the lungs caused by asbestos fibers makes the tissue stiff rather than pliable like healthy lung tissue. When lung tissue is stiff, the lungs cannot inflate and deflate properly which limits breathing ability. This is a type of pulmonary fibrosis.
4. Those with asbestosis are likely to experience a gradual progression of shortness of breath, limited ability to do physical activity, coughing, chest pain and also sometimes finger clubbing.
5. Although prolonged exposure to asbestos makes asbestosis worse, the progression stops once the exposure does, so it is less likely to worsen if the individual is no longer breathing in the fibers. Not everyone with prolonged exposure to asbestos will develop breathing problems associated with asbestosis.
6. People most at risk for developing asbestosis include those working in occupations with close, long term exposure of high concentrations of asbestos. Individuals in the mining, milling and manufacturing industries are at a relatively high risk, as are those who work closely with products containing asbestos, such as in building construction.
7. As long as the asbestos has been sealed, such as in a building, there is no risk of asbestosis. Brief exposure over a lifetime is very unlikely to cause the condition.
8. In the 1970s, widespread attention was brought to the dangers of asbestos exposure, and the government began closely regulating the use and handling of the material. Those who work with asbestos and follow current safety guidelines are also unlikely to develop asbestosis.
Qualifying for disability benefits with this condition
Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records.
This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.
In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.
The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels?
There are several reasons but here are just two:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.
Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.
2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.
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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