• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

National Disability Law Firm | Ortiz Law Firm

We appeal wrongful long term disability insurance and Social Security Disability denials.

  • ABOUT US
    • Our Team
    • Our Results
    • Areas We Serve
    • Core Values
  • PRACTICE AREAS
    • Administrative Appeals
    • Lawsuits
    • Lump Sum Settlement Offers
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your Long Term Disability Claim
    • Lump Sum Disability Settlement Calculator
    • Physical RFC Form
    • Mental RFC Form
    • Ultimate Appeal Checklist
    • Long Term Disability Case Study
  • BLOG
    • Long Term Disability Denials and Appeals
    • Medical Eligibility for Long Term Disability Claims
    • Eligibility for Long Term Disability Claims
    • Your Chances of Getting Approved for Disability Benefits
    • Additional Parts Of A Claim That Do Not Happen in Every Case
  • Search
  • CONTACT
  • ABOUT US
    • Our Team
      • Nick Ortiz
      • Jessica Ortiz
      • Dawn Keller
      • Tory Nelson
      • Sarah Palag
    • Core Values
    • Our Results
      • Why Choose Ortiz Law Firm
      • What Our Clients Say
      • Testimonials
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Settlement Offers
      • Qualifying Conditions
      • Disability Insurance Companies
      • Qualifying Occupations
      • Case Summary Archives
      • FAQs
    • Social Security Disability Claims
      • Initial Application
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
      • Qualifying Conditions
      • FAQs
    • Personal Injury Claims
      • Car Accident Claims in Pensacola, Florida
      • Bicycle Accident Claims in Pensacola, Florida
      • Motorcycle Accident Claims in Pensacola, Florida
      • Truck Accident Claims in Pensacola, Florida
      • Slip & Fall
      • Insurance Companies
      • FAQs
  • AREAS WE SERVE
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your LTD Claim
    • Top 10 Mistakes That Will Destroy Your SSD Claim
    • Knowing What Wins SSD Training Webinar
    • Lump Sum Disability Settlement Calculator
    • Physical Residual Functional Capacity Form
    • Mental Residual Functional Capacity Form
    • Ultimate LTD Appeal Checklist
    • LTD Case Study: Fibromyalgia
    • Top 10 Mistakes That Will Destroy Your FL Car Accident Claim
  • BLOG
    • Long Term Disability
      • Eligibility for Long Term Disability Claims
      • Medical Eligibility for Long Term Disability Claims
      • Your Chances of Getting Approved for Disability Benefits
      • Long Term Disability Denials and Appeals
      • Additional Parts Of A Claim That Do Not Happen in Every Case
    • Social Security Disability
    • Personal Injury
  • REFER A CASE
  • Search
  • CONTACT

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(888) 321-8131

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Respiratory Disorders and Long Term Disability

Many long term disability applicants suffer from breathing problems that prevent them from performing a full-time job. Disability applicants with severe breathing problems are most likely to be approved for LTD benefits when their symptoms are well-documented by objective medical evidence, usually in the form of breathing test results.

What Respiratory Disorders Qualify for Long Term Disability?

Chronic Obstructive Pulmonary Disease (“COPD”)

COPD, also referred to as Chronic Pulmonary Insufficiency, is an umbrella term used to describe numerous progressive lung diseases including emphysema, chronic bronchitis, refractory (non-reversible) asthma, and some forms of bronchiectasis.

These types of breathing disorders may cause coughing, wheezing, and shortness of breath. Patients with COPD typically suffer reduced breathing capacity due to obstructed airflow into and out of the lungs.

Note: Smoking is the most common cause of COPD. Quitting smoking is important as it will usually stabilize symptoms, even if quitting does not completely resolve one’s symptoms. Quitting is also important as it shows anyone looking at your insurance claim that you are doing everything you can to improve your medical condition, and it shows that you are following your doctor’s recommended treatment.

A physician typically diagnoses COPD through spirometry, a pulmonary function test (a lung breathing test) that measures the amount of air that can be inhaled and exhaled by the lungs over a certain period.

A pre-bronchodilator and post-bronchodilator spirometry test can preliminarily diagnose asthma, but a doctor must also look at the patient’s medical history and results of a physical exam.

Many COPD patients also suffer from sleep apnea. Sleep apnea not only impacts the ability to obtain meaningful rest at night; it can also severely impair daytime functioning. A doctor diagnoses sleep apnea based on a combination of the patient’s self-reported symptoms and objective test results, typically a sleep study. The most common treatment for sleep apnea is a CPAP machine, which pumps a steady flow of air into a mask to keep the patient’s airways unobstructed during sleep.

Cystic Fibrosis

Cystic fibrosis is another respiratory disorder. It is a life-threatening respiratory condition marked by a build-up of thick mucus in the lungs, liver, pancreas, and elsewhere in the body. Typical symptoms of cystic fibrosis include shortness of breath, persistent coughing, pulmonary hypertension, and frequent lung infections.

Asthma or Chronic Asthmatic Bronchitis

To qualify for Long Term Disability due to having asthma, you must demonstrate that it seriously impairs your activities of daily living and your ability to perform work. An example of a serious asthma condition is when the patient has persistent asthma attacks, defined as symptomatic episodes lasting at least one day and requiring intensive treatment, and/or when the patient has attacks that necessitate a doctor’s treatment or hospitalization at least once every two months.

Emphysema

Patients with emphysema have damaged lung tissue. Most of the time – though not always – emphysema is caused by smoking cigarettes. The most common symptom of emphysema is a chronic cough. As with other breathing disorders, in order to qualify for Long Term Disability with emphysema, you will need to demonstrate that you are limited in your daily activities due to the condition.

Restrictive Lung Disease (“RLD”)

RLD prevents your lungs from properly ventilating and exchanging gases, which causes one’s blood to lack adequate oxygen. Restrictive Lung Disease can have viral or bacterial causes. It is also caused by inhaling harmful substances such as asbestos or by exposure to radiation such as that used to treat many forms of cancer. RLD can also be a side effect of a number of serious diseases. As with most respiratory problems, you will need to prove that your RLD makes it extremely difficult for you to accomplish any meaningful daily or work activities.

Stroke-related Respiratory Problems

Many stroke patients face difficulty breathing during their recovery. In some cases, the respiratory problems alone are severe enough to qualify for Long Term Disability. The insurance company evaluating your claim will rely heavily on lung capacity tests to determine whether your problem is severe enough to qualify for Long Term Disability benefits. To support your claim, you will want to carefully document all instances of shortness of breath and how such instances impact your daily activities, along with any other post-stroke related symptoms.

Other Respiratory Disorders

Other Respiratory Disorders that may qualify for LTD benefits include bronchiectasis, pneumoconiosis, pneumonia, and other lung infections.

The Insurance Company’s Evaluation of an LTD Claim Due to a Respiratory Disorder

In claims involving serious respiratory conditions, the insurance adjuster considering the claim will review the claimant’s residual functional capacity (RFC) in deciding whether the applicant can perform full-time work. Your RFC is a description of the physical and mental capabilities you still have even in light of your impairments.

An evaluation of a claimant’s LTD claim due to a respiratory disorder typically involves a review of the claimant’s FEV1 and FVC results, the frequency of respiratory episodes requiring medical intervention, and the frequency of chronic pulmonary infections.

In disability cases based on respiratory conditions, the insurance company typically requires objective medical evidence, especially pulmonary function testing, to prove that the impairment is severe. Getting consistent treatment from a primary care provider and/or an appropriate specialist (such as a pulmonologist) is also critical.

In addition to submitting relevant medical records, you should provide the long term disability insurance company with an attending physician statement (APS), or RFC form, completed by your treating doctor. The APS/RFC form should address your ability to perform activities such as walking, standing, lifting, and carrying. In respiratory cases, your doctor should also indicate whether you have any environmental restrictions with respect to surrounding dust, fumes, odors, or extreme temperatures. Prescriptions for supplemental oxygen or a CPAP machine should also be noted. Whether your doctor fills out an APS/RFC form indicating whether your respiratory condition causes severe limitations can have a major impact on the success of your case.

Many respiratory conditions, especially COPD and emphysema, become worse as one ages. If you have a serious breathing problem and are unable to perform full-time work you may qualify for LTD benefits.

Work With an Experienced Long Term Disability Attorney

If you are unable to work as a result of respiratory diseases, you should consult with an experienced long term disability attorney. Unfortunately, long term disability carriers do not make it easy for disabled claimants to receive the benefits that they deserve. If your respiratory disease makes it impossible for you to work and you have been denied your long term disability benefits, the legal team at Ortiz Law Firm can help you cut through the red tape and fight for your disability benefits no matter where you live in the United States. Give us a call today to discuss your claim at (888) 321-8131.

Facebook0Tweet0Pin0LinkedIn0Print0Email0

Primary Sidebar

View All Long Term Disability Insurance Resources


Sharon D.

Mr. Ortiz and his staff are first rate, always ready to answer any questions. Compassionate and very professional. They made this experience a positive one.

View All Reviews and Testimonials

Learn More About Long Term Disability

  • Areas We Serve
  • Frequently Asked Questions
  • Denials and Appeals
  • Your Chances of Getting Approved
  • Medical Eligibility
  • Additional Parts That Do Not Happen in Every Case
  • Medical Conditions That May Qualify
  • Long Term Disability Insurance Carriers
  • Occupations That May Qualify
  • LTD Federal Court Case Summaries
https://www.youtube.com/watch?v=3EHrRKBKsok

Complete This CONFIDENTIAL Form for a FREE Disability Insurance Case Evaluation

  • This field is for validation purposes and should be left unchanged.

Footer

Our Team

  • Nick Ortiz
  • Jessica Ortiz
  • Dawn Keller
  • Sarah Palag
  • Tory Nelson

Our Law Office

ORTIZ LAW FIRM
(888) 321-8131

823 E. Jackson St.
Pensacola, FL 32501
Monday - Thursday: 9:00 AM - 5:00 PM Friday: 9:00 AM - 2:00 PM

Saturday - Sunday: Closed

Practice Areas

  • Long Term Disability Claims
  • Social Security Disability Claims
  • Personal Injury Claims
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Free Long Term Disability Resources
  • Long Term Disability Frequently Asked Questions
  • Medical Conditions That May Qualify for Long Term Disability
  • LTD Insurance Carriers
  • Occupations That May Qualify for LTD
  • LTD Blog
  • LTD Federal Court Case Summaries
  • Contact
  • Disclaimer

Site Footer

©2020 Ortiz Law Firm, All Rights Reserved. Reproduced with Permission | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!