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According to the American Academy of Allergy, Asthma and Immunology (AAAAI) nearly one of every twelve people lives with the difficulties and symptoms of Asthma.
Complications from asthma can range from relatively mild symptoms such as breathlessness, coughing and a tight feeling in the chest or attacks.
However, some people can experience these symptoms to a point at which they cannot function and miss work or school.
For those who suffer from some of these very severe symptoms, disability benefits may be a viable option.
In the case that the asthma symptoms you experience meet the Social Security Administration’s guidelines for severity, you could be entitled to a monthly disability benefit.
In the following article we will cover the requirements for Social Security Disability, however for case specific guidance on receiving Social Security Disability for asthma in Michigan, please call Social Security Counseling Center to set up a free consultation with an experienced disability lawyer at: (248) 281-4247
What are the criteria for disability under the asthma listing?
Asthma is a condition listed in section 3.00 (Respiratory Disorders) in the SSA’s list of commonly disabling impairments and criteria of severity.
In the case that the effects of your asthma meets the following criteria, there is a strong likelihood that the SSA will determine you disabled.
That the volume of air you can exhale or your FEV1 is less than or the same as the value provided for your age, gender and height by the SSA’s charts (these help to determine the severity of your impairment).
For example, if you are a 5’10” 19-year-old male according to the charts you must have a FEV1 of 2.75 or less to qualify for the SSA guidelines.
You have been subject to “exacerbations or complications requiring three hospitalizations within a 12-month period and at least 30 days apart. Each hospitalization must last at least 48 hours.”
Here is the basic idea of what the SSA is looking for in your case: “We need evidence showing that you have listing-level airflow obstruction at baseline while you are medically stable.”
In table VI in section 3.03A of the Blue book, the SSA outlines listing levels; however, these listing levels can be extremely complex and deeply technical.
It is recommended that you have your doctor look over the listing requirements for asthma to determine if you qualify.
It is important to remember that if you qualify for both of the requirements as stated above, you will be considered disabled by the SSA for one year after the discharge date of your final hospitalization.
You will be considered disabled for that year regardless of how much you improve over that time. After that year, you will have to be reevaluated by the SSA in order to continue your disability.
What if my asthma does not match the listing criteria?
While your case may not meet the above criteria for FEV1 and hospitalizations your case for benefits will not automatically be rejected.
In order to get a more accurate picture of your impairment the SSA will thoroughly review your application and perform assessments of Residual Functional Capacity (RFC).
These tests will evaluate the basic skills you still have despite the effects and symptoms of your asthma.
Your RFC tests will be evaluated by a claims examiner in order to establish whether or not your impairment affects your ability to do any job.
The claims examiner will also take your educational background and age into consideration as well.
In the case that SSA finds that your impairment does not allow you to work, they may conclude that you are disabled and therefore entitled to benefits.
What are the other requirements to collect disability benefits?
You will meet the SSA’s definition of disabled and be able to collect benefits if you meet the following requirements:
- The SSA determines, your impairment or combination of impairments is totally disabling. In order to be determined disabled, you must fall within the severity criteria as it pertains to asthma or prove that your impairment prevents you from working.
- Your impairment must have affected you for at least a year, is expected to last at least a year or will result in death.
- There is no line of work you can adjust to due to your background, symptoms and age.
- Your income is under a certain amount and you are not occupied in Substantial Gainful Activity (SGA). For example in 2016 if you made more than $1,130 you were considered to be engaged in SGA.
- In order to qualify for Social Security Disability benefits you must have the required amount of work credits. In the case that you have not worked as recently nor as long as is required or the subject of the claim is a child you can apply for Supplemental Security Income. However, in order to qualify your income and assets must be below a certain threshold.
The process of determining whether or not you are eligible for SSI or SSDI can be complex and convoluted.
It is recommended to have an experienced disability attorney examine your work, medical and financial records in order to determine your eligibility.
How do I substantiate my asthma disability claim?
In order to strengthen your claim it is important to provide all medical records as well as any other records that help prove your disability to SSA.
Input from other sources such as a spouse, boss or social worker that shows how your impairment has affected your ability to work is also encouraged.
The more evidence you can provide that details the impact your disability has on your life the better.
Please consider speaking to one of our highly qualified and experienced lawyers before you file in order to avoid the time consuming and tedious nature of the application process.
In the case that your claim is rejected one of our disability lawyers can work with you to appeal the decision.
Call an asthma disability lawyer in Michigan today — for FREE. Call our Social Security Counseling Center now at (248) 281-4247, to see how we can help you with your disability claim.
Our disability lawyers will provide a free no-obligation consultation to you if you are disabled and injured in Michigan.