How to Get Social Security Disability Benefits If You Suffer From Respiratory Failure

You may have had a chronic respiratory condition for a long time. While things were not as easy as they were before your condition developed, they were also not as difficult as they are now that you are suffering from respiratory failure.

In Section 3.00N of the Listing of Impairments, the Social Security Administration defines respiratory failure as “the inability of the lungs to perform their basic function of gas exchange.” This can result in a low oxygen level and a high carbon dioxide level which can be harmful to your internal organs. You may require oxygen treatment, a tracheostomy, or other treatments, and you may be unable to work.

But You May Be Eligible for Social Security Disability Benefits

Social Security disability may not replace all of the income that you earned while you were working. However, it can be an important financial support to you if you are suffering from respiratory failure.

The Social Security Administration considers disability benefits for people suffering respiratory failure because of cystic fibrosis differently than it does for people suffering respiratory failure for any other reason. If you suffer respiratory failure for a reason other than cystic fibrosis, you should be found eligible for disability benefits if you can prove that you have an underlying chronic respiratory disorder that requires invasive mechanical ventilation, noninvasive ventilation with BiPAP, or a combination of treatments for at least 48 continuous hours or for at least 72 continuous hours postoperatively twice within a 12-month period and at least 30 days apart.

Even if you don’t meet these criteria, the Social Security Administration should find you eligible for benefits if your symptoms are at least equal in severity to another listing in the Listing of Impairments or if you lack the residual functional capacity to work.

How to Apply for Benefits

When you are ready to apply for benefits, it is important to have the required medical documentation and a complete application to submit for consideration. A board-certified Social Security disability lawyer can help you do that.

The majority of initial applications are denied, so it is important to submit an accurate and complete application with all of the required documentation. For more information about how to do that, please contact us today via this website or by phone. We would be pleased to talk to you about your rights and about how to protect your potential benefits.

by Paul B. Burkhalter
Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.

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