June 2019


Social Security Disability Newsletter



There are many diseases under the Respiratory Listing, but proving disability for Asthma comes down to evidence.


Spring should be an enjoyable season. But high temperatures can be devastating for those pre-disposed to asthma and respiratory illnesses. Between pollution and pollen, it is hard to catch a break. A difficult attack can be enough to push a fragile person over the edge into disability.

Under Respiratory System – Medical Listing 3.03, Social Security defines a person as disabled under the asthma rules when the disease triggers attacks lasting more than one day, occurring at least six times a year, and requiring “intensive treatments” and follow up medical care.

Asthma is called “Reactive Airway Disease” or RAD to distinguish it from the more chronic diseases. It is seen as a temporary inflammation of the bronchial lining. It can also cause chronic pulmonary insufficiencies such as chronic obstructive pulmonary disease (COPD) or Chronic Restrictive Pulmonary disease.

These more chronic diseases are measured by tests called the FEV1 or FEV (forced expiratory volume). The qualification level for disability is dependent on age and weight. The tests measure how deeply you can breathe and blow. The results of these tests, along with information about restrictions of activities of daily living, help determine eligibility.

Many patients who receive regular private medical care may receive breathing treatments in doctors’ offices that qualify as “intensive treatment”. Others, with insurance support, may be able to administer such treatments at home. Emergency room treatment and hospitalization would be a rare occurrence for such a person, while it may be frequent for an underinsured person.

Detailed questioning is necessary to determine the exact severity of the asthma and the number of treatments which might qualify as “intensive” under this regulation.

It’s important to determine the side effects of the treatments. For many, a breathing treatment is followed by many hours of sleeping. If this occurs with any frequency, it clearly precludes full-time work.

Questions about this and other disabilities can be answered with a call to our office. Get a full evaluation of the possibilities of obtaining disability payments for your patients and clients.

- - - - - - - - - - - - - - - - - - - - - - -

Disability news blogWe wish all the people who work with us and our clients a Happy and Healthy 2019! Do not hesitate to call us if we can help you and your family!


Attorneys’ Fees

Clients are often worried that they “can’t afford an attorney.” All of our cases are undertaken on a contingency fee basis. A client doesn’t pay unless and until they win. Our fees are set by federal law at 25% of any back benefit. An attorney can make a big difference, not only in winning but in the amount won. Call or email us to talk about this or other concerns.




DISCLAIMER - This web page is a resource containing general information which is intended, but not guaranteed, to be correct and current. Do not rely on information on this site in place of the advice of an Attorney. Visitors should consult an attorney to address their legal concerns. You should not consider this information to be an agreement for an attorney-client relationship. You should not rely on information provided here as constituting legal advice. Contacting us through this web page or e-mail does not mean you have contracted for representation by this office. We are not engaged in your representation until you sign a contract with us.  Licensed attorneys may practice Federal Social Security and SSI Disability in any state. Copyright 2007-2019 PR Legal Marketing