COPD, Asthma and Social Security Disability

This page will discuss how Asthma or COPD are evaluated in a Social Security Disability or SSI claim.  I will talk about the listing of impairments for asthma and COPD and how these conditions even if not the main disability can contribute significantly to proving you are disabled for SSDI or SSI benefits.

The first thing I will discuss is the listing for asthma.  This is just one of the listings for pulmonary disease.  I will focus on the most common listing met but you should see the entire listing to fully evaluate whether your resperatory system condtion meets a listing.  To see full listing click on Pulmonary Listing for Adults.

3.03 Asthma. With: 
A. Chronic asthmatic bronchitis. Evaluate under the criteria for chronic obstructive pulmonary disease in 3.02A; 
B. Attacks (as defined in 3.00C), in spite of prescribed treatment and requiring physician intervention, occurring at least once every 2 months or at least six times a year. Each in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.

In my experience the most common listing met is 3.03 B..  There is a few things you should know.  Every asthma attack you have does not necessarily count towards this listing.  If you have an asthma attack but you are able to control it with your inhaler or home nebulizer it won't count towards this listing.  The listing only counts those attacks that require doctor or ER treatment to control the respiratory distress.  Even though this is probably the most common listing met for asthma it is still rare that someone meets this listing.  As you can see if you think you may meet this listing it is extremely important to make sure Social Security has all the medical evidence.

Even if you don't meet the listing above or one of the other listings for asthm or COPD these conditions can still have a significant impact when combined with other medical conditions.  If you have a pulmonary condition it is very important to get all your records and have a pulmonary RFC.  Respiratory conditions can cause limitations such as fatigue, inability to walk far, lifting, and work related environmental limitations.  Some environmental limitations may include avoiding dust, smoke, chemicals, hot and cold temperatures.  I have found that many respiratory conditions actually developed from the environment of past employment.  So you can see in a situation were the person got the condition from working in a certain environment it would prevent that individual from being able to do prior work.  These types of environmental limitations can also limit other types of work.  The limitations from asthma and COPD are most affective when you have other conditions which limit you as well.  To fully understand how Social Security determines if you are disabled you should see "am I disabled?".

We have attempted to provide up to date and accurate information, however the information in this site is not guaranteed.  No attorney client relationship exist.  The information in this site is not a substitute for consultation with a qualified attorney.
© 2006, 2007, 2008, 2009, 2010 by Kazmierczak & Kazmierczak, LLP. All rights reserved
If you are trying to get your SSD or SSI benefits for COPD or asthma call us we are here to help.  1-877-527-5529.