Long-Term Disability For Emphysema

According to the American Lung Association, over 3 million Americans have been diagnosed with emphysema. Treatment may slow the progression of your symptoms, but the damage to your lungs cannot be reversed. If your resulting symptoms and limitations prevent you from working, you may be able to get long-term disability for emphysema.

Understanding Emphysema

Emphysema develops slowly, damaging lung tissue, particularly the alveoli (tiny air sacs). Eventually, these air sacs break, forming one large air pocket instead of many small ones. This shrinkage in the lung surface area traps air in the injured tissue, stopping oxygen from flowing through the bloodstream. This blockage also causes the lungs to fill up slowly, making breathing harder over time.

Because of the decreased air surface in the lungs, less oxygen is absorbed into the bloodstream, leading to low oxygen levels. During the process of inhaling and exhaling, the person experiences difficulties. The air sacs aren’t functioning correctly, and old air (and carbon dioxide) gets trapped within the lungs. This prevents the entry of oxygen-rich air into the lungs, which is when an episode of shortness of breath occurs.

In most cases, people with emphysema also suffer from chronic bronchitis. This is another lung problem characterized by the inflammation of tubes within the lungs that carry air and thick mucus, which causes the affected people to have persistent coughs. Emphysema and chronic bronchitis are forms of chronic obstructive pulmonary disease (COPD).

Common Causes and Symptoms

Tobacco and marijuana smoking and inhaling chemical fumes and dust, including air pollution, have been found to cause emphysema. Risk factors include smoking, age, occupational exposure to fumes, dust, secondhand smoke, and indoor and outdoor pollution. Though rare, it can sometimes result from an inherited protein deficiency that protects elastic lung structures. This condition is referred to as alpha-1-antitrypsin deficiency emphysema.

The primary symptom is shortness of breath that begins gradually and worsens over time. Most people suffer for several years before noticing the signs. The best way to reduce the effects of this disease is to reduce activities that trigger difficulty breathing. Eventually, patients will experience difficulty breathing even when at rest. If your symptoms leave you unable to work, you may qualify for long-term disability benefits.

Diagnosis and Treatment

Diagnosing emphysema involves several essential tests to distinguish it from other lung problems. First, your physician will enquire about your medical history and recommend specific tests. You will likely undergo a chest X-ray and a CT scan to rule out other causes of shortness of breath. You can also expect a blood test to measure the oxygen level in your bloodstream. Lastly, you will undergo a lung function test before your doctor confirms your diagnosis.

Emphysema and chronic obstructive pulmonary disease have no cure, but your doctor will recommend treatment options to alleviate symptoms and slow the progression of the disease. Common treatments include bronchodilators, inhaled steroids, and the use of antibiotics. Pulmonary rehabilitation, nutrition therapy, and supplementary oxygen can improve lung function. Your doctor may suggest a particular surgery, such as a lung transplant or lung volume reduction surgery for severe conditions. Your doctor may also recommend that you:

• Exercise regularly.
• Stop smoking tobacco and marijuana.
• Avoid respiratory irritants such as certain perfumes and incense.
• Protect yourself against cold air.
• Get suitable vaccinations.

Qualifying for Long-Term Disability or Social Security Disability Benefits

To qualify for long-term disability benefits due to emphysema, individuals must meet specific criteria outlined by insurance companies or the Social Security Administration. These criteria typically revolve around the severity of the condition and its impact on daily activities and work capacity.

You should also note that disability insurance plans usually have a waiting period between several weeks and months before you can receive the benefits. For the SSA to approve a Social Security Disability claim, you or your disability lawyer must demonstrate that your conditions prevent or are expected to prevent you from working for 12 months or longer.

Submit Complete Medical Records

Medical evidence plays a crucial role in supporting a disability claim for emphysema, highlighting the need for detailed documentation of lung function tests, imaging studies, treatment history, and physician reports. Including these documents will help prove your disability.

Prove Your Inability to Work

Demonstrating how emphysema significantly impairs your ability to work is essential for a successful disability claim. You need to prove that the symptoms you are experiencing hinder you from performing your job. Ask your doctor to provide a well-detailed letter about your limitations, depending on the symptoms. Written opinions will provide first-hand data about your condition, and it helps detail your inability to work.

RELATED POST: The Crucial Role Your Doctor Plays in Getting Your Disability Claim Approved

Maintaining Eligibility for Benefits

You must continually demonstrate that you meet the definition of disability as defined in your disability insurance policy or by the SSA. You can achieve this by showing that you have emphysema and explaining how your symptoms impact your work.

Role of an Attorney In Long-Term Disability Claims for Emphysema

An attorney specializing in disability law plays a crucial role in supporting individuals with emphysema through the challenging process of claiming long-term disability benefits. Let’s delve into how their expertise can make a significant difference in navigating the complexities of such claims.

Legal Expertise In Disability Law

Attorneys well-versed in disability law possess a deep understanding of the intricate details involved in disability claims, especially those related to conditions like emphysema. They have the knowledge and experience to guide individuals through the legal requirements, ensuring that the claim is presented accurately and complies with the necessary regulations. By having a legal expert on your side, you can navigate the often perplexing realm of disability claims with confidence.

Gathering and Presenting Medical Evidence

One of the critical roles of an attorney in a long-term disability claim for emphysema is to collect and present compelling medical evidence that solidly supports the individual’s case. Attorneys work tirelessly to gather accurate medical documentation and arrange expert testimonies that strengthen the disability claim. They understand medical jargon and ensure that the evidence presented is concise, clear, and aligned with the specific requirements of the claim. With their expertise in developing medical documentation, attorneys significantly increase the chances of a successful disability claim approval.

Negotiating with Insurance Companies

Navigating negotiations with insurance companies can be an intimidating task for individuals dealing with emphysema. Attorneys proficient in disability law take on the responsibility of negotiating with insurance companies on behalf of their clients, ensuring fair treatment, and advocating for the maximum benefit entitlement. Their ability to communicate effectively, assertively, and knowledgeably in these negotiations can be pivotal in securing a favorable outcome for the individual. By leveraging their negotiation skills and expertise, attorneys aim to make the process as seamless and stress-free as possible for their clients.

Appealing Denied Claims and Legal Representation

Facing a denied long-term disability claim for emphysema can be overwhelming, but understanding the appeals process and having legal representation on your side can significantly increase your chances of a successful outcome.

Understanding the Appeals Process

The appeals process for a denied disability claim entails several stages, each with specific timelines and requirements. Common reasons for denials include insufficient medical evidence, incomplete documentation, or missed deadlines. Attorneys specializing in disability claims can help address these issues by gathering additional evidence, ensuring all paperwork is in order, and meeting deadlines promptly.

During the initial stage of the appeals process, the attorney will carefully review the denial letter to understand the reasons behind the decision. They will then work with you to gather any missing information or documentation required for the appeal. At this stage, acting swiftly to meet the appeal deadline is crucial.

If the initial appeal is unsuccessful, the next stage may involve filing suit against the insurance company or a hearing before an administrative law judge. Attorneys can present your case effectively and advocate for your rights. Their expertise in presenting medical evidence and legal arguments can significantly impact the appeal outcome.

Legal Strategies for Successful Appeals

Attorneys employ various legal strategies to strengthen an appeal for a denied disability claim related to emphysema. By conducting thorough research, building a substantial case based on medical evidence, and leveraging their knowledge of disability laws, attorneys can enhance their clients’ chances of a successful outcome.

One effective strategy is to work closely with medical experts to provide additional evidence supporting the disability claim. By obtaining detailed medical records, test results, and expert opinions, attorneys can strengthen the case and demonstrate the severity of the condition to the insurance company or administrative judge.

Another crucial aspect of legal representation is ensuring that all legal requirements and deadlines are met accurately. Attorneys deeply understand disability laws and regulations, allowing them to navigate the complex appeals process efficiently. Their experience handling similar cases equips them with the expertise to anticipate and address potential challenges proactively.

Having legal representation is essential when appealing a denied long-term disability claim for emphysema. Attorneys are pivotal in guiding you through the appeals process, addressing common reasons for denials, and employing effective legal strategies to strengthen your case. By partnering with an experienced attorney, you can increase your chances of a successful appeal and secure the benefits you deserve.

RELATED POST: Why You Don’t Need an Attorney In Your State to Appeal an ERISA LTD Denial

Contact the Ortiz Law Firm For Help With Your Disability Claim

Navigating the complexities of disability claims for emphysema can be overwhelming. Many people are wrongfully denied long-term disability and Social Security Disability benefits. Still, you can increase the chances of securing the benefits you rightfully deserve by enlisting a skilled attorney’s expertise.

If you need to appeal a denial, start the process as soon as possible, as you only have a limited time to appeal. Don’t hesitate to seek legal assistance when dealing with emphysema-related disability claims – it can make all the difference in securing a favorable outcome. Call Ortiz Law Firm at (888) 321-8131 to get a free disability claim review.