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

August 23, 2021 by

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.

Filed Under: Social Security Disability Tagged With: , ,

Best Way to Fight to Get Approved for Social Security Disability Benefits

June 17, 2021 by

Getting approved for Social Security Disability (SSDI) is a long and difficult process. The application process is confusing and complex, and the risk is high that you’ll do something incorrectly. If you’re in the middle of trying to get SSDI, expect to get at least one denial.

Best Way to Fight to Get Approved for Social Security Disability Benefits

You may be told that Social Security denies everyone’s application for Social Security Disability, but that’s not entirely true. However, over two-thirds of applicants see their initial application denied. Frequently, these denials are for avoidable reasons. What’s the difference?

Main Reasons For Denial

During the application process, it’s important to show that you are disabled, unable to work, and need help. You must demonstrate that you are unable to work, or complete any “substantial gainful activity.” Your condition must also last longer than 12 months or end in death. The reasoning is that a shorter period for something non-fatal like a broken leg isn’t a “disability.”

There are three main reasons that Social Security will deny your disability claim:

  1. Insufficient work credits or other technical details (i.e., an incorrectly completed application)
  2. Medical reasons, such as insufficient medical evidence or your condition is not considered “disabling” or that your condition won’t last longer than 12 months or end in death
  3. Non-medical reasons, such as making too much money

If you are denied, do not give up. You do have options.

Fighting For Your Benefits

“Fighting” may be a strong word to use, especially if you can’t work for whatever reason. But if you’re disabled and can’t work, it’s important to show Social Security that you are disabled.

Don’t fall into the mindset that all you need is medical evidence to prove your disability in order to get benefits. There’s more to it than that.

The first thing a claims examiner needs to see is sufficient evidence that supports your doctor’s statements and assessment of your disability as well as the statement that you are disabled. Without it, there is no proof that you’re truly disabled.

Because claims examiners see so many applications every day, it’s important to have a claim that correctly and truthfully shows your diagnosis, prognosis, as well as your functional limitations. This is a list of the things that you are unable to do because of your disability and diagnosis. Without it, an examiner will believe that you have no functional limitations, and are capable of working.

In addition to proper medical evidence, you’ll also need to keep abreast of deadlines, ensure that any requested documentation is included with your application and that your application is even received. You should also call and check the status of your claim so that it isn’t ignored.

When sending anything to Social Security, consider sending it “certified” along with the “return receipt requested.” It costs extra and is a bit more trouble. But you can not only prove that you sent it, but that someone at Social Security received it.

When Should You Apply?

Submit your application as soon as you become disabled. There is no waiting period. The longer you wait, the more money you could lose, since Social Security will only pay you up to one year prior to your application. You can apply the day you become or declared disabled. Therefore, if you are disabled, apply immediately.

Initial applications can take three months or longer for a decision, but appeals may take months (or even years) due to the backlog of cases.

It also means that the other one-third of applications are approved on the first try and don’t need anything else.

Hiring An Attorney

One way to increase your chances of getting approved either with your initial application or on appeal is to work with an experienced disability attorney who understands how to file an application and navigate Social Security’s process.

A disability attorney can help with your initial application, gather medical records, verify your eligibility through work credits, assist with an appeal, and ensure that everything is done correctly in either case.

Because disability attorneys work on a contingency fee basis, you won’t owe a fee until your case is won. Additionally, the fee comes from your “back pay,” and is limited to 25% of your back pay or a maximum of $6,000. Social Security will also pay your attorney directly if you have “back pay” benefits.

While an attorney can’t guarantee success, having one greatly increases your chances of success either on your initial application or with the appeal.

Houston’s Social Security Attorney

Whether you’re applying for social security disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.

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.

 

Filed Under: Social Security Disability Tagged With: , ,

Mental Disorders and Social Security Disability in Houston, TX

December 3, 2020 by

Mental illness and disorders can mean a range of symptoms as well as one or more types of conditions. Mental disorders don’t have visible symptoms like an injury and aren’t easily diagnosed like cancer or heart conditions. Therefore, it’s much more difficult to diagnose and prove.

Mental Disorders and Social Security Disability in Houston, TX

 

Social Security does recognize mental disorders as a disability. Nearly nine million individuals receive Social Security Disability in the US, and an estimated 32% are receiving disability for mental disorders. However, the burden of proof can be more complex than it is for physical conditions.

Types Of Disorders

Social Security has a list of mental conditions for which they will award disability benefits in their “blue book.” Divided by sections, the listing includes:

  • Neurocognitive disorders (02)
  • Schizophrenia spectrum and other psychotic disorders (03)
  • Depressive, bipolar, and related disorders (04)
  • Intellectual disorder (05)
  • Anxiety and obsessive-compulsive disorders (06)
  • Somatic symptom and related disorders (07)
  • Personality and impulse-control disorders (08)
  • Autism spectrum disorder (10)
  • Neurodevelopmental disorders (11)
  • Eating disorders (13)
  • Trauma- and stressor-related disorders, such as PTSD (15)

Some conditions may not exactly meet the criteria of Social Security’s definitions. However, if you can prove that your condition prohibits you from doing even a simple and unskillful job due to brain-related disorders, psychiatric or emotional problems, you may still be able to receive benefits for disability.

What It Takes To Get Benefits

Applying for Social Security Disability can feel like a major undertaking, and it can be. But it’s important to ensure that your application is complete so that your chances of approval are better.

In addition to filling out your application, you’ll need to include:

  • Your diagnosis and the reason(s) why you can’t work
  • Complete medical records
  • Names and contact information of your healthcare providers:
    • Doctors
    • Hospitals
  • List of upcoming medical appointments
  • Treatment plans you have been prescribed and following

Social Security will investigate everything they have been given, so it’s important to ensure that the information is accurate and complete.

Why Applications Are Denied

Some of the primary reasons for denial include:

  • Not enough medical evidence
  • The previous denial—if you’ve been denied before, file an appeal on that case rather than starting over.
  • An incomplete or improperly filled out application
  • Income—you can’t earn a considerable amount of money
  • Not getting and following medical treatment
  • Not cooperating with SS caseworkers while your claim is being worked

One estimate indicates that a full 70% of SSD applications are denied on the first try, but it’s important not to give up. Social Security has an extensive system of appeals with detailed guidelines that you can use to increase your chances of approval.

If the application or appeals process is more than you can handle, consider speaking with an experienced disability attorney in Houston. Having an attorney help you through the process can make it easier and increase your chance of winning your claim and receiving the disability benefits you need.

Need Help With Your SSD Application Or Appeal? Call Herren Law Today

Mental illness is particularly difficult, especially when it impacts your life. If you’re unable to work because of a mental disorder, let us help you with your application for Social Security Disability. We can tell you what you need and how to go about applying. If your claim is denied, we can also help you with an appeal.

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.

Filed Under: Social Security Disability Tagged With: , ,

How Does Divorce Affect Social Security Survivors Benefits?

November 20, 2019 by

One of the most important parts of financial security for retired and widowed individuals is Social Security. This is especially important for women, since women characteristically are younger than their spouses but outlive them.

Social Security Survivors Benefits

One of the lesser-discussed topics of Social Security is the survivors benefits paid to spouses, children, and occasionally parents of a deceased worker. The National Academy of Social Insurance estimates that 7.5 million individuals over the age of 60 receives SS benefits based on the work record of a deceased spouse, with about 3.7 million of them widowed spouses. As long as the deceased worker has collected enough credits to receive Social Security, survivor’s benefits are available.

In some cases, even if you were divorced from your spouse, it’s still possible to collect Social Security survivor’s benefits from your former spouse.

Criteria For Survivors Benefits

For a widowed spouse to collect survivor’s benefits, the following conditions must apply:

  • The deceased must be collecting Social Security at the time of death
  • You must be over the age of 60 (or 50 if you are disabled); you’ll receive anywhere from 71.5% to 100% of the deceased’s monthly amount depending on your age, or
    • There is no age limit if you are caring for a child under 16 or a disabled child of the deceased, or
  • You must be a child of the deceased, under 18 or 19 and 2 months if still in high school, or
    • You have a disability that began before the age of 22
    • You’re a grandchild or stepchild of the deceased
  • Parents of the deceased, aged 62 or older, who were financially dependent on the deceased. One parent will receive 82.5% of the deceased’s benefit for one parent, two will receive 75% each.

Additionally, there is a one-time death benefit of $255 available in a lump sum payment for the widowed spouse, minor children, or an adult child who is disabled. There are specific conditions that apply to this separate death benefit as well.

What If You’re Divorced?

Surprisingly, you can still apply for and collect these benefits from your former spouse, if:

  • Your former spouse was collecting SSDI or Social Security retirement at the time of death
  • Your marriage to the worker lasted 10 or more years
  • You did not remarry before the age of 60, or age 50 if you are disabled, if the disability happened within 7 years of the worker’s death
  • You are raising the child of children of your former spouse that are under the age of 16

As a divorced spouse:

  • You’ll receive 100% of your deceased ex-spouse’s retirement or SSDI benefit if you are of full retirement age.
  • You’ll receive between 71.5% and 99% of your deceased ex-spouse’s retirement or SSDI benefit if you are between 60 and full retirement age.
  • You’ll receive 71.5% of your deceased ex-spouse’s retirement or SSDI benefit if you are between 50 and 59 and disabled, and your disability happened before your former spouse died, or within 7 years of their death.

You can still apply for the one-time death benefit if the same conditions apply.

Divorced males as well as females can collect survivor’s benefits from their former spouses. However, if your own Social Security benefits are higher than the amount of your survivor’s benefit, you’ll receive that higher amount instead. Additionally, you won’t receive more than you would normally—your total monthly amount won’t exceed what you’d receive every month as an individual.

Remarriage

If you remarry before the age of 60 (or 50 with a disability) you will lose the survivor’s benefits from your former spouse. If your new spouse dies, you can resume receiving the survivor’s benefits from your previous spouse as you did before.

Remarriage after the age of 60 will have no effect on your survivor’s benefits, and you can continue to collect them.

Maximum Family Benefit

There is a total amount that family members—children, parents, etc.—will receive as survivors.

If you receive survivor’s benefits based on caring for a child, that will be taken from the maximum family benefit. The benefits you receive will be taken from the maximum amount, and decrease the amount of money that other family members may receive.

However, the money you receive as a divorced spouse will not affect that maximum.

Need Help With Social Security Or Disability? Get Help From Herren Law

The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. 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.  We only collect if we win your case.

Filed Under: Social Security Disability Tagged With: , ,
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