Cardiac Obstructive Pulmonary Disease is a disease that qualifies for disability benefits under the Social Security Administration (SSA). The challenge with this type of disability case is proving to the Social Security Administration that you are disabled, because their definition of disability is very strict.
Defining Social Security Disability Benefits:
The SSA has a very rigid definition of who is disabled. To receive SSI or SSDI benefits a person must provide evidence that they are permanently disabled and this condition will last at least one year, or result in their death. No benefits are awarded for a partial or short-term disability.
Documenting a COPD Disability:
The most important thing for a COPD patient to do is to see a doctor on a regular basis. While at the doctor's office, this is your opportunity to help build your COPD disability case. Remember to win benefits you'll need to provide documentation of your disability. The notes and records your doctor maintains on file are critical evidence to help support your claim.
It is your responsibility to ensure your condition is being documented properly. Make sure your doctor is writing down your symptoms (and that the writing is legible). When talking to your doctor, be specific about your symptoms. For example if you are experiencing a shortness of breath, tell your doctor when it occurs, examples below:
- Carrying groceries
- Walking from room to room
- Standing for long periods of time (how long?)
COPD Chest Pain:
Another common COPD condition is chest pain. If you are experiencing chest paint, describe the pain to your doctor. Tell your doctor how long it takes to recover from COPD chest pain. This information is critical to support your COPD disability case and also helps ensure your doctor is able to adjust your treatment as needed.
As you can see your doctor's records will be one of the greatest sources of supporting evidence for your case. Too often qualified applicants are denied disability because they were unable to document their disability to the Social Security Administration's standards. It is important to remember that though you may seem to be disabled, if you do not provide the SSA with the evidence and documentation that they need, you will be unable to receive the benefits you are entitled to. If you are uncertain, or want to increase your chances of winning benefits you may want to contact a COPD attorney.
COPD Disability Attorney and COPD Disability Lawyer:
An experienced COPD disability attorney or COPD disability lawyer can be a great resource when applying for benefits. Disability lawyers and attorneys will be able to help you with your claim by assisting in gathering documentation and testimony if needed for your impairment and associated symptoms. Whether you need to apply for disability benefits or have applied and been denied, finding a lawyer with COPD disability experience can be the difference of winning benefits and being denied.
The Federal government has initiated several programs that aim to cater to the needs of the disabled workers. These include the Social Security Disability benefits that provide financial and medical support to those qualified employees who have incurred disability. Such program is implemented by the Social Security Administration, which also has the authority to evaluate and approve the petitions of the claimants.
Eligibility Covered workers who have been paying their Social Security contributions and completed work period specified by the SSA (at least five to ten years) can avail of the Social Security Disability benefits. That is, if their disability prevents them from performing “substantial gainful activities" in a period of twelve months. Meaning, their ailment should be serious enough to impede them from working or earning adequate compensations.
Benefits Once the SSA approved a claimant’s petition, he will receive monthly checks. The amount will greatly depend on his average earnings during his employment career. In California, the disabled workers may also receive Medi-Cal benefits that are essential in obtaining medical treatment and rehabilitation while waiting for the SSA to approve their cases.
Claims Procedure
Initial Application – an application for the Social Security Disability benefits may be filed in three ways, through a phone call, via the internet, or personally at your local Social Security Office. However, there is a little chance that your claim will be approved at this stage. In fact, majority of claims initially filed to the SSA are rejected for some reasons such as technicalities and lack of documentary evidences. This will definitely compel you to try the next step in filing.
Request for Reconsideration – In this procedure, it is important that you hire an experienced Social Security lawyer coming from a reputable Disability Law Firm. An expert representative will help you in reassessing your case, gathering vital documents and filing an appeal to the SSA. You will then need to wait for at least two to three months before the SSA gives their decision on your request.
Hearing before the Administrative Law Judge – If your request for reconsideration was also denied, it is now the time to schedule a case hearing to the Administrative Law Judge. In this process, you will need to defend your eligibility and try to convince the judge to reverse the former decision.
Civil Litigation – if again your last petition to the SSA was denied, the law entitles you to result in civil litigation. This is where you may file charges against the SSA if you really believe that you are qualified of such benefits. If the court judge favors your claim, he will ask the SSA to bestow you your benefits.
You may see that the actual filing procedure in filing a Social Security Disability Claim is very much intricate for an individual who lacks the understanding about the basic principles of such SSA program. It is therefore vital to consult a law firm that is well known in handling Social Security cases before the initial application.
Both Matt Berry & Rainier Policarpio are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.