For Pneumoconiosis Social Security Disability Benefits, Try SSA Listing 3.02

Important tips for filing your pneumoconiosis Social Security disability claim.

Do you work in conditions that require you to regularly inhale asbestos, coal, silicon, or beryllium? Is it often difficult for you to breathe? Sometimes, when you breathe in certain dust-like particles, they can stay in your lungs and lead to inflammation and more mucus that obstructs your airflow.

When you can’t breathe, it makes everything you do that much harder. Physical exertion can become next to impossible, and many people find that they’re just not able to work. Because of this, the Social Security Administration includes pneumoconiosis and other chronic respiratory disorders in their Listings of Impairments. In other words, if you have it, it is possible that you can qualify for Social Security disability benefits.

How Do You Apply for Pneumoconiosis Social Security Disability Benefits?

There are two methods.

1. The first is to attempt to prove that your condition matches the definition and meets the requirements of a health issue listed in the SSA Listings of Impairments. This compendium of qualifying disorders lists every debilitating medical issue that the SSA recognizes and tells you exactly what criteria you need to meet for each issue in order to get Social Security disability benefits.
2. If you cannot show that your issue matches their specific criteria, you have another option. Using the Five Step Sequential Evaluation Process, you may be able to prove that what you’re going through is just as disabling. In short, demonstrate that your condition is equivalent in severity to something the SSA already recognizes and therefore deserves benefits.

It is always best to start with option one, because it’s simpler to prove that you meet criteria that is already set and accepted, than it is to attempt to argue equivalency.

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Getting Social Security Disability Benefits for Pneumoconiosis under Listing 3.02

Because pneumoconiosis broadly refers to the dust particles settling into your lungs, and because there are numerous symptoms and conditions associated with this problem, the criteria for qualifying with this issue are the same as with Listing 3.02 Chronic Respiratory Disorders. These disorders may be due to any cause except cystic fibrosis.

To meet pneumoconiosis Social Security disability criteria under 3.02, you must meet one of the following qualifications:

Your FEV₁ (the volume of air you can forcibly and completely breath out in one second) is less than or equal to the value in SSA’s corresponding table for your age, gender, and height without shoes.

OR

Your FVC (volume of air which can be forcibly exhaled after taking the deepest breath possible) is less than or equal to the value in SSA’s table for your age, gender, and height without shoes.

OR

You have chronic impairment of gas exchange demonstrated by 1, 2, or 3:

1. Average of two unadjusted, single-breath DLCO measurements less than or equal to the value in SSA’s table for your gender and height without shoes; or
2. Arterial PaO₂ and PaCO₂ measured concurrently by an ABG test, while at rest or during steady state exercise, breathing room air less than or equal to the applicable values in the value in SSA’s table; or
3. SpO₂ measured by pulse oximetry either at rest, during a 6MWT, or after a 6MWT, less than or equal to the value in SSA’s applicable table.

OR

You suffer intense episodes or complications which require three hospitalizations in one year, and where occurrences are at least 30 days apart. Each hospitalization must last a minimum of 48 hours, this includes time spent in the ER right before being hospitalized.

Obviously, these are very specific criteria, and you will likely need the help of an advocate with a lot of experience in order to understand them. But it can also be helpful to know which tests you can take to help your case.

What Tests Support Pneumoconiosis Social Security Disability Claims?

There are a number that the SSA deems acceptable:

• Arterial Blood Gas Study (Resting)
• Arterial Blood Gas Study (Exercising)
• Chest X-Ray
• Bronchial Challenge Test
• Carbon Monoxide Diffusing Capacity
• Sputum Collection
• Functional Residual Capacity
• Bronchoscopy
• Lung Subdivisions
• Spirometry
• Computerized Tomographic Scanning of the Chest
• Thoracic Gas Volume
• Pulse Oximetry
• Biopsy

With a positive result on any of these, your pneumoconiosis Social Security disability claim stands a much better chance at succeeding.

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With Pneumoconiosis and other Chronic Respiratory Disorders – there’s Always Equivalency

Don’t forget, you can still use the Five Step Sequential Evaluation Process to prove equivalency if you are unable to meet the specific criteria outlined in the Listings of Impairments.

Even if your claim for SSDI benefits was denied, with the help of an experienced Social Security disability attorney, you can work to show the SSA that your condition has prevented you from working for at least 12 months. It’s not as simple or straightforward as it sounds, but it can be done – you just need someone in your corner who knows how the system works and what facts and arguments to use to support your claim.

Call or text 800-562-9830 or complete a Free Case Evaluation form