Archives for August 2021

Will I Get Social Security Disability Benefits If I Have COPD?

Chronic Obstructive Pulmonary Disease, or COPD, is an umbrella term for diseases of the lungs that include emphysema and chronic bronchitis. COPD develops when the lungs and airways become irritated, inflamed, and ultimately, damaged. Both result in decreased airflow, more difficulty breathing, and always become progressively worse.

Will I Get Social Security Disability Benefits If I Have COPD?

COPD also adds to the heart’s burden, leading to pulmonary heart disease. Oxygen therapy, medications, and pulmonary rehabilitation are the main treatments available. While lung transplants are considered the “cure,” most patients aren’t healthy or strong enough to undergo the surgery.

Causes

The vast majority of COPD cases are from long-term tobacco smoking, either first-hand or second-hand. A few cases are due to workplace exposure to airborne substances, such as welding fumes, grain, flour and coal dust, cadmium dust, and fumes, among others. Smokers who experience these irritants may have an increased risk of developing COPD long before they would have with just smoking.

Most patients also have other conditions (called “comorbidities”) alongside COPD, including:

  • Hypertension
  • Diabetes
  • Coronary artery disease
  • Obesity
  • Depression and other mental illness conditions

Should you become unable to work due to COPD, disability may be your next option.

Qualifying For SSDI With COPD

A person who is unable to work due to advanced COPD can qualify for SSDI. Like any disability, a medical diagnosis is not enough. You’ll need evidence to prove that your condition is serious enough to prevent you from working for at least 12 months.

The “blue book” requirements for COPD are:

  • A Forced Expiratory Volume One (FEV1) is equal to or lower to the minimum for your height. This is between 1.05 for five-foot individuals and 1.65 for six-foot individuals
  • A Gas Diffusion Capacity (DLCO) of a single breath under 10.5 mil/min/mm Hg or a low amount of oxygen dissolved in the blood either during rest or exercise, determined a low partial pressure of oxygen (PO2) and high partial pressure of carbon dioxide (PCO2).

Additional required medical evidence for COPD disability includes:

  • Physician’s records and notes
  • Results from diagnostic testing, such as:
    • Lung function tests i.e., Lung Diffusion Capacity
    • Imaging: MRIs, CT scans, chest X-Rays
    • Blood tests
    • Arterial blood gas analysis, a test that demonstrates how well your lungs intake oxygen and exhale carbon dioxide
    • Spirometry results or the amount of air you can force out when exhaling), which includes the FEV1 reading

If you can show that your conditions are severe enough, you may qualify even without meeting the blue book listing. You’ll need to show that COPD prevents you from earning a minimum monthly income. The SSA will review your claim and decide upon a “Residual Functioning Capacity” (RFC). It can then approve you for a medical-vocational allowance.

Social Security also considers your age, past work history and experience, and age when making any decision. Additionally, you’ll need enough Social Security “work credits” to qualify for SSDI for any condition. If you do not, you will likely qualify for SSI instead.

Houston Attorney For SSDI

Applying for SSDI is a difficult and complex process. When you work with an experienced disability law firm, your application will be completed correctly the first time. You’ll have a better chance of being awarded the benefits you deserve and avoiding a long appeals process.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Can You Qualify For Both Unemployment And Social Security Benefits?

The pandemic caused millions to lose their jobs or simply stop working when businesses shut down. Those who could work from home, but others with non-desk jobs had no choice but to leave and take unemployment.

Now that more shutdowns may be on the horizon, more people may be back on unemployment. But if you were also receiving Social Security benefits, you may be wondering how this will work. Can you get both?

Can You Qualify For Both Unemployment And Social Security Benefits?

It sounds odd, but you can, if you meet all of the criteria for Social Security. However, it’s not as easy as it sounds.

Basics

First, unemployment insurance (UI) does not prevent you from receiving Social Security benefits. Earned wages and income from work are what’s considered “income” and counted against the income limits. Unemployment benefits are not counted as “income” under Social Security’s guidelines.

However, UI is handled on the state level, much will depend on the state’s rules. In Texas, you’ll need to speak with the Texas Workforce Commission to find out exactly how the Lone Star State handles UI with Social Security.

At one time, most states reduced the amount of unemployment paid to older workers who also received Social Security. Illinois, Louisiana, Minnesota, and South Dakota still reduce the amount of UI without complete disqualification. In other states, these laws have been largely eliminated.

Qualifying

To apply for Social Security benefits, you must be at least 62 and have a qualifying work history. You must also be:

  • A U.S. citizen or a permanent legal resident of the United States with a documented residency period
  • Show a 10-year work history and have at least 40 work credits. Credits are earned after earning a minimum income level each quarter
  • Not specifically barred from program participation, such as railroad workers whose pension plans opted out of Social Security on their behalf
  • Disabled
  • The retired spouse, surviving spouse, or dependent of a program participant

Social Security Disability Insurance, or SSDI, may disqualify you from unemployment insurance. By receiving disability, it means that you are too disabled to work, and therefore, ineligible for UI.

You can apply for unemployment at any time online through your state’s agency website (such as the Texas Workforce Commission above.) In states other than the above ones, you will not be required to disclose Social Security payments, although it’s suggested that you should mention it to someone you speak with to ensure that everything is in order.

Both Social Security and UI have income limits on what you can bring in before a reduction in your benefit amounts.

Social Security vs. Unemployment Insurance

While it is possible to get both, remember that UI is short-term while Social Security is long-term.

During the pandemic, unemployment benefits were extended and enriched, helping many people make ends meet while they were out of work.

When the full force of pandemic shutdowns happened, many people from 62 to 65 who found themselves unemployed began applying to receive Social Security. While this may help in the short term, in the long term, your lifetime payments are reduced.

But waiting until your full retirement age, whether 65 to 67, depending on your birth date, will ensure that you receive 100% of your earned retirement benefits. If you wait until age 70, you’ll receive even more.

Rescinding Your Social Security Benefits

If you decided to begin taking Social Security while unemployed and change your mind later, you can withdraw your application for benefits until a future date. Here’s how it works:

  • You must file to rescind within 12 months of receiving Social Security
  • You must repay all benefits received, including family benefits
  • You can only do this one time

The advantage is that your application will be an “annulment” for your original start date, and you can continue to work and contribute. Your benefits will grow over time, and when you turn 70, you’ll automatically receive Social Security at a higher rate.

Call Us For Help With Social Security, Disability, And Other Claims

We’re experienced in handling all types of benefit claims and have helped more than 4,000 Houstonians get the benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

 

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