For patients struggling with COPD disability, it can be difficult to prove that your illness actually prevents you from working and supporting yourself and your family.
Our attorneys can pursue your disability benefits for COPD – Chronic Obstructive Pulmonary Disease – when your initial claim was denied for long term disability insurance, Veterans disability benefits, or Social Security Disability claims.
Is COPD a Disability?
Yes, in fact it is one of the leading causes of missed work. All too often, sufferers of COPD are denied disability benefits because they did not have proper documentation of their condition.
In order to get your denied claim appealed, you will need to demonstrate how the condition is affecting your daily life and ability to work. This applies to the government disability programs under Social Security and the VA, as well as private or employer-sponsored insurance policies.
About COPD Disability
COPD consists mainly of three kindred breathing conditions – chronic asthma, chronic bronchitis, and emphysema. Each condition affects the lungs’ elasticity, and is characterized by obstruction of the flow of air through the airways and out of the lungs.
COPD develops gradually, and patients living with COPD suffer daily from chronic coughing, increased mucus production, shortness of breath, tightness in the chest and wheezing. These symptoms worsen as the illness progresses. Complications include high blood pressure, heart attack and a higher risk of respiratory infections.
Largely attributed to smoking tobacco products, this life-threatening disease is also the result of exposure to silica, pollution, coalmine dust, cotton dust, grain dust, solvents and asbestos.
Claiming COPD Disability on a LTD Insurance Policy
Whether the insurance policy is provided through your employer, or the policy was purchased privately, we recommend that you have it reviewed by an attorney who has serious experience with fighting negligent insurance companies.
We have handled many COPD disability claims where long-term disability (LTD) insurers refuse, water down, or terminate coverage. If you have been unfairly denied payments on a LTD claim, contact our firm immediately to discuss your case. Many insurance policies have deadlines as brief as 30 days in which to file your claim.
Although you may have been awarded Social Security disability for COPD, the insurance company may pay no attention to that award in their determinations – even if they insisted, and even helped, you get the SSA benefits.
Our attorneys aggressively pursue all avenues of discovery against insurance companies, including the development of supporting and additional medical and vocational evidence to substantiate your appeal. We know how to represent you in court against the most relentless opposing counsel. Our goal is to maximize the benefits you receive from your LTD insurance policy.
COPD and Social Security Disability
COPD is a disease that qualifies for disability benefits under the Social Security Administration (SSA). In the SSA Listing of Impairments, you will find COPD under the category of impairments for The Respiratory System – Medical Listing 3.02. This listing considers pulmonary function and arterial blood gas studies. If your condition does not meet the listing, the SSA will evaluate your claim from a vocational standpoint to determine whether your COPD prevents you from performing past relevant work, or other work.
Too often legitimate disability claims are denied because the medical records did not meet or equal the SSA requirements. As an attorney who is Board Certified in Social Security Disability law, Marc Whitehead has successfully fought on behalf of hundreds of victims of respiratory diseases, including COPD, who have been denied Social Security disability. Our firm excels in gathering and producing essential documentation and testimony, and presenting a strong, complete case to the SSA.
Veterans Living with COPD Disability – Has Your Claim Been Denied?
Far too many U.S. Veterans have been denied VA disability due to respiratory diseases such as COPD contracted during or aggravated by military service. Our attorneys are accredited by the Department of Veterans Affairs to prepare, present and prosecute claims for veterans before the VA, at all levels of the VA disability claim and appeal process.
To determine the level of a veteran’s service-connected disability, the VA uses a guide known as the VA schedule for rating disabilities. If the VA denied your claim for COPD disability – declaring your condition isn’t severe enough, isn’t service connected, or existed before you served your country – we would like to talk with you.
Many veterans who have never smoked, began smoking during their tour of duty. Our armed forces are regularly exposed to dusts, chemicals and pollution. As reported in MedwireNews, mortality due to COPD and other respiratory conditions is significantly elevated among Vietnam veterans form the Army Chemical Corps who were occupationally exposed to herbicides.
It is more difficult than it should be to get a veteran’s disability claim approved. Many veterans’ claims for COPD disability are denied on the first try. If your claim was rejected, don’t give up. With our help, you can present an appeal that the VA must fully consider. VA disability compensation is not based on income, so you may receive both VA benefits and Social Security Disability. We can help you significantly in all respects.
Be aware, you have one year from the time you receive the VA denial to file an appeal. If your disability claim has been denied, please call us at 800-562-9830. We represent VA disability claims across the U.S.
For effective representation that gets results, ask disability lawyer Marc Whitehead about your COPD disability claim. Your initial consultation is free and confidential.