Respiratory Disorders And Social Security Disability

The Social Security Administration acknowledges an extensive array of respiratory disorders that could make a person eligible for disability benefits.

Social Security Disability Claims for Respiratory Disorders

The following conditions are examples of respiratory disorders that may qualify for Social Security Disability benefits, but this is not an exhaustive list.

Chronic pulmonary insufficiency encompasses various types of breathing disorders. The Social Security Administration identifies this as a potentially disabling impairment, but confirmation through specific medical tests, like the forced expiratory volume test, is necessary. To be classified as a grave illness that merits consideration for benefits, an applicant must have at least one of the following conditions:

• Chronic Obstructive Pulmonary Disease (COPD);
• Chronic Restrictive Ventilatory Disease;
• Chronic impairment in gas exchange due to a medically documented pulmonary disease.

Each of these conditions requires proper documentation and medical evidence to ensure that the claim for disability benefits is both valid and justifiable.

Chronic Obstructive Pulmonary Disease, or COPD for short, is a general term for several lung diseases, including chronic bronchitis and emphysema. These diseases are typically evidenced by obstructed airflow through the airways in and out of the lungs. Chronic bronchitis and emphysema cause excessive inflammatory processes leading to abnormalities in lung structure and limited airflow. Both medical conditions are progressive in nature and worsen over time.

COPD is characterized by symptoms such as gasping, wheezing, shortness of breath, and persistent coughing. Beyond these respiratory symptoms, COPD can also strain the heart, potentially leading to a specific cardiac condition known as pulmonary heart disease, or cor pulmonale. To manage and alleviate COPD’s effects, treatment options are available. These include oxygen therapy, programs designed to rehabilitate the lungs, known as pulmonary rehabilitation, and a range of medications and inhalers, such as Advair.

Chronic Restrictive Ventilatory Disease is a severe response to an injury or infection in the lungs. Such an occurrence often gives rise to a condition known as acute lung injury. This situation is marked by hypoxemia, a term that refers to the insufficient presence of oxygen in the arterial blood. In extreme instances, this can escalate into acute respiratory distress syndrome (ARDS), a serious inflammatory response within the lung tissue. ARDS obstructs the normal exchange of gases within the lungs and can frequently result in failure of multiple organs within the body. Unfortunately, it is often a life-threatening illness, with a significant risk of fatality.

Asbestosis is a lung disease caused by excessive breathing in fibers found in asbestos. These fibers can produce scar tissue in the lungs, which can create difficulty in allowing the lungs to expand and contract in a normal way. The amount of asbestos breathed in and how long the person was exposed to it determines how severe the condition will be. In many cases, people with asbestosis won’t show symptoms for up to 20 years after their asbestos exposure.

Those who worked in asbestos mines and mills were most likely to get this condition, as well as those who worked in construction, fireproofing, and other industries of the sort. Families of the asbestos workers were also at risk of exposure. This disease is less common now than it was prior to the 70s due to government regulations about asbestos use.

Sleep apnea is a chronic sleep disorder in which breathing is interrupted throughout the night. With sleep apnea, sleep is disrupted three or more nights each week and makes the person who suffers from it sleepy during the day even after a full night’s rest. This is because of pauses in breathing that occur frequently during the night, often lasting for a minute or longer. These pauses move a person from deep sleep into light sleep and typically cause choking once normal breathing resumes. This all makes sleep apnea one of the leading causes of daytime sleepiness.

Section 3.00 of the Listing of Impairments

Some respiratory disorders are listed in the Blue Book under section 3.00 Respiratory Disorders:

3.01 Category of Impairments, Respiratory System

3.02 Chronic respiratory disorders due to any cause except CF (for CF, see 3.04) with A, B, C, or D:

A. FEV₁ (see 3.00E) less than or equal to the value in Table I-A or I-B for your age, gender, and height without shoes (see 3.00E3a).

Table I: FEV₁ Criteria for 3.02A

Height without shoes (centimeters)< means less than	Height without shoes (inches)< means less than	Table I-A		Table I-B
		Age 18 to attainment of age 20		Age 20 or older
		Females FEV1 less than or equal to (L, BTPS)	Males FEV1 less than or equal to (L, BTPS)	Females FEV1 less than or equal to (L, BTPS)	Males FEV1 less than or equal to (L, BTPS)
<153.0	<60.25	1.20	1.45	1.05	1.20
153.0 to <159.0	60.25 to <62.50	1.30	1.55	1.15	1.35
159.0 to <164.0	62.50 to <64.50	1.40	1.65	1.25	1.40
164.0 to <169.0	64.50 to <66.50	1.45	1.75	1.35	1.50
169.0 to <174.0	66.50 to <68.50	1.55	1.85	1.45	1.60
174.0 to <180.0	68.50 to <70.75	1.65	2.00	1.55	1.75
180.0 to <185.0	70.75 to <72.75	1.75	2.10	1.65	1.85
185.0 or more	72.75 or more	1.80	2.15	1.70	1.90

OR

B. FVC (see 3.00E) less than or equal to the value in Table II-A or II-B for your age, gender, and height without shoes (see 3.00E3a).

Table II: FVC Criteria for 3.02B

Height without shoes (centimeters)< means less than	Height without shoes (inches)< means less than	Table II-A		Table II-B
		Age 18 to attainment of age 20		Age 20 or older
		Females FVC less than or equal to (L, BTPS)	Males FVC less than or equal to (L, BTPS)	Females FVC less than or equal to (L, BTPS)	Males FVC less than or equal to (L, BTPS)
<153.0	<60.25	1.35	1.65	1.30	1.50
153.0 to <159.0	60.25 to <62.50	1.50	1.80	1.40	1.65
159.0 to <164.0	62.50 to <64.50	1.60	1.90	1.50	1.75
164.0 to <169.0	64.50 to <66.50	1.70	2.05	1.60	1.90
169.0 to <174.0	66.50 to <68.50	1.80	2.20	1.70	2.00
174.0 to <180.0	68.50 to <70.75	1.90	2.35	1.85	2.20
180.0 to <185.0	70.75 to <72.75	2.05	2.50	1.95	2.30
185.0 or more	72.75 or more	2.10	2.60	2.00	2.40

OR

C. Chronic impairment of gas exchange demonstrated by 1, 2, or 3:

1. Average of two unadjusted, single-breath DLCO measurements (see 3.00F) less than or equal to the value in Table III for your gender and height without shoes (see 3.00F3a); or

Table III: DLCO Criteria for 3.02C1

Height without shoes (centimeters) < means less than	Height without shoes (inches)< means less than	Females DLCO Less than or equal to (mL CO (STPD)/min/mmHg)	Males DLCO Less than or equal to (mL CO (STPD)/min/mmHg)
<153.0	<60.25	8.0	9.0
153.0 to <159.0	60.25 to <62.50	8.5	9.5
159.0 to <164.0	62.50 to <64.50	9.0	10.0
164.0 to <169.0	64.50 to <66.50	9.5	10.5
169.0 to <174.0	66.50 to <68.50	10.0	11.0
174.0 to <180.0	68.50 to <70.75	10.5	11.5
180.0 to <185.0	70.75 to <72.75	11.0	12.0
185.0 or more	72.75 or more	11.5	12.5

2. Arterial PaO₂ and PaCO₂ measured concurrently by an ABG test, while at rest or during steady state exercise, breathing room air (see 3.00G3b), less than or equal to the applicable values in Table IV-A, IV-B, or IV-C; or
   

Tables IV-A, IV-B, and IV-C: ABG Criteria for 3.02C2

Table IV-A
(Applicable at test sites less than 3,000 feet above sea level)
Arterial PaCO2 (mm Hg) and	Arterial PaO2 less than or equal to (mm Hg)
30 or below	65
31	64
32	63
33	62
34	61
35	60
36	59
37	58
38	57
39	56
40 or above	55

Table IV-B
(Applicable at test sites from 3,000 through 6,000 feet above sea level)
Arterial PaCO2 (mm Hg) and	Arterial PaO2 less than or equal to (mm Hg)
30 or below	60
31	59
32	58
33	57
34	56
35	55
36	54
37	53
38	52
39	51
40 or above	50

Table IV-C
(Applicable at test sites over 6,000 feet above sea level)
Arterial PaCO2 (mm Hg) and	Arterial PaO2 less than or equal to (mm Hg)
30 or below	55
31	54
32	53
33	52
34	51
35	50
36	49
37	48
38	47
39	46
40 or above	45

3. SpO₂ measured by pulse oximetry (see 3.00H2) either at rest, during a 6MWT, or after a 6MWT, less than or equal to the value in Table V.
   

Table V: SpO₂ Criteria for 3.02C3

Test site altitude (feet above sea level)	SpO2 less than or equal to
Less than 3,000	87 percent
3,000 through 6,000	85 percent
Over 6,000	83 percent

OR

D. Exacerbations or complications requiring three hospitalizations within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review). Each hospitalization must last at least 48 hours, including hours in a hospital emergency department immediately before the hospitalization.

3.03 Asthma. (see 3.00I), with both A and B:

A. FEV₁ (see 3.00E1) less than or equal to the value in Table VI-A or VI-B for your age, gender, and height without shoes (see 3.00E3a) measured within the same 12-month period as the hospitalizations in 3.03B.

Table VI: FEV₁ Criteria for 3.03A

Height without shoes (centimeters) < means less than	Height without shoes (inches)< means less than	Table VI-A		Table VI-B
		Age 18 to attainment of age 20		Age 20 or older
		Females FEV1 less than or equal to (L, BTPS)	Males FEV1 less than or equal to (L, BTPS)	Females FEV1 less than or equal to (L, BTPS)	Males FEV1 less than or equal to (L, BTPS)
<153.0	<60.25	1.65	1.90	1.45	1.60
153.0 to <159.0	60.25 to <62.50	1.75	2.05	1.55	1.75
159.0 to <164.0	62.50 to <64.50	1.85	2.15	1.65	1.90
164.0 to <169.0	64.50 to <66.50	1.95	2.30	1.75	2.00
169.0 to <174.0	66.50 to <68.50	2.05	2.45	1.85	2.15
174.0 to <180.0	68.50 to <70.75	2.20	2.60	2.00	2.30
180.0 to <185.0	70.75 to <72.75	2.35	2.75	2.10	2.45
185.0 or more	72.75 or more	2.40	2.85	2.20	2.55

AND

B. Exacerbations or complications requiring three hospitalizations within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review). Each hospitalization must last at least 48 hours, including hours in a hospital emergency department immediately before the hospitalization. Consider under a disability for 1 year from the discharge date of the last hospitalization; after that, evaluate the residual impairment(s) under 3.03 or another appropriate listing.

3.04 Cystic fibrosis. (documented as described in 3.00J2) with A, B, C, D, E, F, or G:

A. FEV₁ (see 3.00E) less than or equal to the value in Table VII-A or VII-B for your age, gender, and height without shoes (see 3.00E3a).

Table VII: FEV₁ Criteria for 3.04A

Height without shoes (centimeters)< means less than	Height without shoes (inches)< means less than	Table VII-A		Table VII-B
		Age 18 to attainment of age 20		Age 20 or older
		Females FEV1 less than or equal to (L, BTPS)	Males FEV1 less than or equal to (L, BTPS)	Females FEV1 less than or equal to (L, BTPS)	Males FEV1 less than or equal to (L, BTPS)
<153.0	<60.25	1.65	1.90	1.45	1.60
153.0 to <159.0	60.25 to <62.50	1.75	2.05	1.55	1.75
159.0 to <164.0	62.50 to <64.50	1.85	2.15	1.65	1.90
164.0 to <169.0	64.50 to <66.50	1.95	2.30	1.75	2.00
169.0 to <174.0	66.50 to <68.50	2.05	2.45	1.85	2.15
174.0 to <180.0	68.50 to <70.75	2.20	2.60	2.00	2.30
180.0 to <185.0	70.75 to <72.75	2.35	2.75	2.10	2.45
185.0 or more	72.75 or more	2.40	2.85	2.20	2.55

OR

B. Exacerbations or complications (see 3.00J3) requiring three hospitalizations of any length within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review).

OR

C. Spontaneous pneumothorax, secondary to CF, requiring chest tube placement.

OR

D. Respiratory failure (see 3.00N) requiring invasive mechanical ventilation, noninvasive ventilation with BiPAP, or a combination of both treatments, for a continuous period of at least 48 hours, or for a continuous period of at least 72 hours if postoperatively.

OR

E. Pulmonary hemorrhage requiring vascular embolization to control bleeding.

OR

F. SpO₂ measured by pulse oximetry (see 3.00H3) either at rest, during a 6MWT, or after a 6MWT, less than or equal to the value in Table VIII, twice within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review).

Tables VIII: SpO₂ Criteria for 3.04F

Test site altitude (feet above sea level)	SpO2 less than or equal to
Less than 3,000	89 percent
3,000 through 6,000	87 percent
Over 6,000	85 percent

OR

G. Two of the following exacerbations or complications (either two of the same or two different, see 3.00J3 and 3.00J4) within a 12-month period (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review):

1. Pulmonary exacerbation requiring 10 consecutive days of intravenous antibiotic treatment.
2. Pulmonary hemorrhage (hemoptysis with more than blood-streaked sputum but not requiring vascular embolization) requiring hospitalization of any length.
3. Weight loss requiring daily supplemental enteral nutrition via a gastrostomy for at least 90 consecutive days or parenteral nutrition via a central venous catheter for at least 90 consecutive days.
4. CFRD requiring daily insulin therapy for at least 90 consecutive days.

3.07 Bronchiectasis (see 3.00K), documented by imaging (see 3.00D3), with exacerbations or complications requiring three hospitalizations within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review). Each hospitalization must last at least 48 hours, including hours in a hospital emergency department immediately before the hospitalization.

3.09 Chronic pulmonary hypertension due to any cause (see 3.00L) documented by mean pulmonary artery pressure equal to or greater than 40 mm Hg as determined by cardiac catheterization while medically stable (see 3.00E2a).

3.11 Lung transplantation (see 3.00M). Consider under a disability for 3 years from the date of the transplant; after that, evaluate the residual impairment(s).

3.14 Respiratory failure (see 3.00N) resulting from any underlying chronic respiratory disorder except CF (for CF, see 3.04D), requiring invasive mechanical ventilation, noninvasive ventilation with BiPAP, or a combination of both treatments, for a continuous period of at least 48 hours, or for a continuous period of at least 72 hours if postoperatively, twice within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review).

3.00 Respiratory Disorders

Even if a particular condition is not listed, it may qualify an individual for benefits if it is determined to be severe enough.

Get Help with Your Social Security Disability Claim

If you have one of these special sense or speech conditions and are just looking to see whether you qualify for disability benefits with the Social Security Administration, call Pensacola Social Security Disability attorney Nick A. Ortiz. Mr. Ortiz represents Social Security Disability claimants nationwide and he has experience handling claims for respiratory disorders. Call (888) 321-8131 for a free case evaluation.