Related information

Social Security Disability Lawyer

4 Mistakes to Avoid When Applying for Disability Benefits

5 Common Reasons your Social Security Disability Claim May be Denied

Copd Social Security Disability Benefits

copd social security disability

What is COPD?

Chronic Obstructive Pulmonary Disease, abbreviated as COPD, is a progressive and chronic lung disease that causes difficulties in breathing properly. Smoking may be the main biological cause; however, there are several biological causes which contribute to its development. In individuals with COPD, there is an ongoing chronic inflammation of the lung tissue and airways. The inflammation causes the airways to be narrowed and obstructed. The inflammation also causes destruction of the lung tissue, which reduces the elasticity of the lungs. Additionally, certain genetic factors can also increase the susceptibility of a person to developing COPD. Alpha-1 antitrypsin deficiency affects the production of a protein which protects the lungs from damage caused by enzymes released during inflammation. Oxidative stress can also damage the lung tissue in COPD. This occurs when there is an imbalance between the production of reactive oxygen species and the body’s ability to neutralize them with antioxidants. Airway remodeling is also a significant factor in COPD. In airway remodeling, structural changes occur including thickening of the airway walls, increased production of mucus, and narrowing of the airways, which further obstructs airflow and causes breathing difficulties. The excessive production of mucus is especially characteristic of COPD. The mucus is stickier and thicker than normal, which makes it difficult to clear from the lungs. The accumulation of mucus further obstructs the airways and makes it difficult to breathe.

How is COPD diagnosed?

A COPD diagnosis typically first begins with a physical examination. Your doctor will listen to your lungs with a stethoscope for any abnormal sounds such as wheezing and crackling. You may undergo spirometry testing to assess your lung function. This will determine the amount of air you can inhale and exhale, and how quickly you can do it. To perform the test, you will inhale and then exhale forcefully into a device called a spirometer. This will determine the level of airflow limitation you are experiencing.

Your doctor may also order imaging tests, such as chest X-rays or CT scans, to make an assessment of the condition of your lungs. You may also undergo an arterial blood gas test to measure the amount of oxygen and carbon dioxide in your blood, and assess the severity of your COPD.

How is COPD treated?

COPD is a chronic condition that requires long term treatment. There is currently no cure for COPD. However, there are treatment options available to manage symptoms and slow the progression of the disease.

Bronchodilators may be prescribed for people with COPD to help relax the muscles around the airways. This allows the airways to open up and breathe more easily. Some bronchodilators are short acting and only used as needed. Other bronchodilators are long acting and taken regularly. Some examples of bronchodilators include beta-antagonists and anticholinergics. Additionally, some inhalers are prescribed which are a combination of bronchodilators and corticosteroids. These provide both bronchodilation and anti inflammatory effects. For those with low oxygen levels, supplemental oxygen may be prescribed to help with shortness of breath.

Some individuals with COPD undergo pulmonary rehabilitation. This program includes exercise training, education, breathing exercises, and nutritional counseling. In severe cases of COPD, surgical intervention may be required. The person may undergo lung volume reduction surgery, or in very severe cases, lung transplantation.

What limitations might a person with COPD have?

The primary symptom that people with COPD experience is shortness of breath. As the airway and lung tissue is affected, the result is a limitation in airflow, which can cause shortness of breath. Shortness of breath can especially occur during physical exertion. Activities such as walking, climbing stairs, or carrying objects can become difficult for individuals with COPD. COPD can also cause feelings of constant tiredness and fatigue, which can make it difficult to have energy to perform normal activities. This is due to the amount of effort that is needed to be able to breathe normally. Walking long distances or doing activities that require physical effort on a sustained basis may be impossible for someone with COPD. Speaking and projecting one’s voice can be challenging if the individual is not able to adequately take deep breaths and expand the lungs. Additionally, people with COPD are at an increased risk of respiratory infections such as pneumonia.

Social Security Disability Benefits for COPD

If you are suffering from COPD symptoms and are unable to perform normal work activities as a result of your condition, you may be eligible to receive Social Security Disability Insurance benefits. To be eligible for the Social Security Disability program, your condition must last or be expected to last for at least one year or result in death. You must have stopped working or be working below substantial gainful activity levels, which is defined by Social Security as less than $1350 in pre-tax earnings per month. Additionally, you must have sufficient work credits to qualify for the program. Typically that means having worked and paid taxes into Social Security on your earnings for at least five of the past ten years.

Once Social Security has confirmed that you are no longer working or engaging in substantial gainful activity, it will assess the severity of your condition. This is determined by review of your medical records, including physical exams, diagnostic testing, and prescribed medications. It is important to note that if your doctor has told you to stop smoking, it is imperative to follow your doctor’s instructions as it can significantly harm your disability case if you do not do so.

After Social Security has determined that you have a severe impairment, it will determine your residual functional capacity. This is your ability to perform certain work related activities such as sit, stand, lift, carry, handle objects, and maintain pace within normal break periods. This will also include your ability to tolerate exposure to certain environments such as those with pulmonary irritants. Once Social Security has determined your residual functional capacity, it will assess whether you can return to the work you have done within the past fifteen years. If you are unable to return to your past work, and Social Security determines that there is no other work that you can do, you will be approved for disability.

If you are struggling with COPD and have not been able to continue working, our legal team at LaBovick Law Group is ready to help you get the disability benefits you need. Give us a call today at (561) 625-8400.

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.