Can You Get SSDI for COPD?

A question often asked is whether a person can get SSDI or SSI benefits for chronic obstructive pulmonary disease (COPD).  COPD is also called chronic bronchitis or Emphysema.  The answer to the question is this - if your COPD is severe enough you may qualify for SSDI or SSI under a listing.  However, if your COPD does not meet the listing, it may restrict your functional capacity to such a degree that you qualify for disability benefits.

COPD is a listing level disease.  It is a Respiratory Impairment.  It is listed at Listing 3.02(A).  This means that if your medical records establish the requirements set forth in the listing then you disability application should be approved at Step 3 of the Sequential Evaluation Process.  This is important because if your COPD meets the requirements in the listing, then SSA does not have to evaluate whether or not your COPD prevents you from performing past relevant work or work generally available in the national economy.

COPD Listing Requirements

Let’s take a look at what is required to meet the COPD listing.  The listing provides as follows:

“A. Chronic obstructive pulmonary disease, due to any cause, with the FEV1 equal to or less than the values specified in Table I corresponding to the person’s height without shoes.

The value measured is called the forced expiratory volume at one second and is the amount of air you can exhale (blow out) in one second.

If you are close to meeting, or do in fact meet, the FEV1, you are in pretty bad shape health wise.  The values SSA uses for the FEV1 analysis are considered low because SSA is erring on the side of caution.

Claimants who have COPD may not be able to tolerate dust, smoke, or fumes and can have problems with extreme temperatures or humidity.  COPD usually results in an exertional impairment. The full extent of the exertional impairment will have an impact on whether your COPD qualifies for disability.

Many disability applicants with COPD are older than 50 and fall onto what is called the grids (or the medical-vocational grid).  Winning disability for a claimant younger than 50 with COPD is difficult unless the COPD is termed as moderate or worse (and often severe or worse is required) resulting in significant exertional impairments.  A treatment history showing treatment in the past and your response to various medications or treatments can be important to winning in these situations.