Updates to Disability Claims for Respiratory Disorders

Updates to Disability Claims for Respiratory Disorders

Many individuals who apply for disability benefits suffer from a type of respiratory disorder. Common respiratory disorders include COPD, Cystic Fibrosis, Sleep Apnea, Pneumoconiosis, Asthma, Pulmonary Hypertension, and Respiratory Failure. When evaluating a disability benefits claim, the Social Security Administration (SSA) uses their promulgated regulations to determine whether that particular claimant should be entitled to receive benefits. In June 2016, the SSA updated their regulations regarding respiratory disorders by publishing their Revised Medical Criteria for Evaluating Respiratory Disorders. This update provides further detail as to how the SSA will evaluate disability benefits claims for individuals with respiratory disorders. The revised rules became effective on October 7, 2016 and will be used by the SSA in evaluating respiratory disorder benefits claims moving forward.

Background for the New Rule

As part of their revised regulations, the SSA explained that these new updates reflect advances in medical knowledge and comments they had received from medical experts since the previous overhaul of the regulations for respiratory disorders. The SSA then released a Notice for Proposed Rulemaking (NPRM) proposing changes to the previous regulations and opening the proposed rules for public comment. Once taking into consideration the concerns raised via public comment, the SSA issued its final regulations.

Evaluating Respiratory Disorders Using the Revised Regulations

There are several key updates addressed in the revised criteria that individuals seeking to claim disability benefits should bear in mind when filing a claim for benefits:

  • COPD: An applicant will be able to meet the requirements for COPD if they have taken a spirometry test that yielded results that the applicant’s FEV1 (volume of air exhaled in one second) is equal or less than a given amount depending on your height. Alternatively, if an applicant has been hospitalized for at least two days three times within a year due to your breathing problems, they will be approved for disability benefits.
  • Asthma: In order to receive benefits for asthma, the disease must be persistent, defined as requiring hospitalization three times a year. The regulations further require that the asthma attacks must occur at least 30 days apart and must last for at least 48 hours. The applicant must also show that he or she is otherwise following a doctor’s prescribed treatment for the disease.
  • Cystic Fibrosis: Like Asthma, an applicant with cystic fibrosis must show their disease causes persistent pulmonary infection. Additionally, the applicant must suffer from recurrent episodes of infection at least once every six months and require physician intervention at least six times a year.

Get Help With Your Disability Claim

When someone applies for disability benefits due to a respiratory disorder, the SSA will look to the newly released regulations to determine whether the claimant should be entitled to receive benefits. You should hire lawyers who understand the new rules as well as the application and appeals processes for disability benefits. The experienced Mount Pleasant, South Carolina attorneys at Klok Law Firm LLC can help you receive the disability benefits you are entitled to receive.

Contact us today for a free consultation.

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    We all know God exists. Why? Because without Him, we couldn’t prove anything at all. Do we live our lives as if we cannot know anything? No. So why is God necessary? In order to know anything for certain, you would have to know everything, or have revelation from somebody who does. Who is capable of knowing everything? God. So to know anything, you would have to be God, or know God.

    A worldview without God cannot account for the uniformity and intelligibility of nature. And why is it that we can even reason that God is the best explanation for this if there is no God? We are given reason to know or reject God, but never to know that He does not exist.

    It has been calculated by Roger Penrose that the odds of the initial conditions for the big bang to produce the universe that we see to be a number so big, that we could put a zero on every particle in the universe, and even that would not be enough to use every zero. What are the odds that God created the universe? Odds are no such thing. Who of you would gamble your life on one coin flip?

    Is there evidence that the Bible is the truth? Yes. Did you know that the creation accounts listed in the book of Genesis are not only all correct, but are also in the correct chronological order? That the Bible doesn’t say the Earth was formed in six 24-hour days but rather six long but finite periods of time? That the Bible makes 10 times more creation claims than all major “holy” books combined with no contradictions, while these other books have errors in them? The Bible stood alone by concurring with the big bang saying, “In the beginning God created the heaven and the earth” (Genesis 1:1); and says our universe is expanding, thousands of years before scientists discovered these things. Watch a potential life-changing video on the website listed below with Astronomer(PhD) Hugh Ross explaining all these facts based on published scientific data. He has authored many books, backed even by atheist scientists.

    Jesus came to pay a debt that we could not; to be our legal justifier to reconcile us back to a Holy God; only if we are willing to receive Him: “For the wages of sin is death…” (Romans 6:23).

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