Obtaining disability for Chronic Obstructive Pulmonary Disease – COPD
Author Attorney Greg Reed:
Updated: 1/29/2025
Can I get disability benefits if I am suffering from the effects of Chronic Obstructive Pulmonary Disease (COPD)?
First you must meet the SSA’s financial requirement:
You must have worked long enough, recently enough, and not made over a predetermined level of income.
Second you must meet the medical requirements:
The Social Security Administration (SSA) recognizes severe cases of COPD under Section 3.02 of its Blue Book. Automatic qualification occurs if a person has experienced three hospitalizations within the past year, each lasting at least 48 hours and spaced at least 30 days apart, or if they require ventilatory support. For those who do not meet these hospitalization or ventilation requirements, qualification can be achieved through lung function tests that demonstrate severely limited airflow.
The SSA accepts various tests to assess lung function, including spirometry tests for FEV1 and FVC values. Applicants must provide comprehensive medical evidence to support their claims.
If you cannot meet the listing requirements you may still qualify if your functional limitations prevent you from doing any job.
Can I get disability benefits if I am suffering from the effects of COPD?
In the United States, chronic obstructive pulmonary disease (COPD) affects millions of people.
Here are some facts about COPD in the US:
- 6.4% of US adults, or over 15 million people, have COPD.
- Major risk factors for COPD include smoking tobacco, exposure to environmental and occupational hazards, respiratory infections, and genetics.
- People aged 65 and older are more likely to have COPD than any other age group.
- Women are slightly more likely to have COPD than men.
- People living in rural areas are more likely to have COPD than people living in urban areas.
- Exposure to vapors, gases, dust, and fumes at work can increase the risk of developing COPD.
- COPD is a leading cause of death and illness, and it costs billions of dollars in healthcare costs each year.
As the third leading cause of death globally, Chronic Obstructive Pulmonary Disease (COPD) is frequently misdiagnosed or left untreated, leading to significant long-term disability.
Individuals suffering from COPD are also at an increased risk of developing heart disease, lung cancer, and other health complications.
What are the Functional challenges related to chronic obstructive pulmonary disease (COPD)?
Chronic obstructive pulmonary disease (COPD) can cause difficulty breathing, fatigue, and limited exercise capacity.
These functional challenges impact an individual’s daily activities and make it difficult to maintain employment; for example:
- Breathlessness: COPD can make it difficult to breathe, especially during physical activity.
- Fatigue: People with COPD may feel tired or lack energy.
- Exercise limitations: COPD can limit exercise capacity.
- Muscle weakness: COPD can cause skeletal muscle weakness.
- Swelling: COPD can cause swelling in the ankles, feet, or legs.
Other challenges include:
- Frequent infections: People with COPD are more likely to get lung infections like pneumonia or bronchitis.
- Heart problems: COPD can make it harder for the heart to pump blood through the lungs.
- Depression and anxiety: COPD can increase the risk of depression and anxiety.
How do I qualify for disability benefits if I am suffering from the effects of COPD?
The Social Security Administration recognizes severe cases of chronic obstructive pulmonary disease in its Blue Book under Section 3.02 Chronic Respiratory Disorders.
Asthma is listed as a separate respiratory disorder under Section 3.03.
We evaluate respiratory disorders that result in obstruction (difficulty moving air out of the lungs) or restriction (difficulty moving air into the lungs), or that interfere with diffusion (gas exchange) across cell membranes in the lungs.
Examples of such disorders and the listings we use to evaluate them include chronic obstructive pulmonary disease (chronic bronchitis and emphysema, 3.02), pulmonary fibrosis and pneumoconiosis (3.02), asthma (3.02 or 3.03), cystic fibrosis (3.04), and bronchiectasis (3.02 or 3.07).
To automatically qualify for Social Security Disability benefits under this listing:
- You must have three hospitalizations in the past 12 months that lasted at least 48 hours (including time in the ER) and occurred 30 days apart; OR
- You must be on a ventilator or non-invasive ventilation with BiPAP, a machine used to facilitate breathing.
- a spirometry test documenting your FEV1 value, the amount of air you can exhale in one second;
- a spirometry test documenting your FVC (your “forced vital capacity” value), or the total volume amount of air you exhale);
- a DLCO, to measure how much oxygen passes into the lungs;
- an ABG (arterial blood gas) test measuring the oxygen and carbon dioxide levels in your blood; or
- an oxygen saturation test (SpO2) taken during or after a six-minute walk.
If you do not meet the above requirements of being ventilated or hospitalized frequently, you can meet the listing requirements through lung function tests that show extremely limited airflow. You will need to provide Social Security with the results from one of the following tests:
Social Security provides tables that measure FEV, FVC, and ABG, based on gender, age, and height.
If you meet the required FEV1, you are considered to be in very poor health and may automatically qualify for disability. For example, for FEV1 value (Table I-B), a man over 20 years old who is six feet tall meets the requirement if he has an FEV1 of 1.85 or below.
You will also need to submit the following medical evidence documenting COPD and its severity:
- Your medical history, including any treatments you have received and your responses;
- Physical exam results;
- Imaging and computerized tomography, such as x-rays and CT scans, used to diagnose COPD;
- Laboratory test results; and
- Documentation that you need supplemental oxygen.
If your Chronic Obstructive Pulmonary Disease (COPD) doesn’t meet the specific criteria outlined by the SSA, you may still qualify for disability benefits if you can demonstrate that your COPD has significantly diminished your breathing capacity to the point where you are unable to perform any work.
In this situation, your medical treatment history and the opinions of your healthcare providers play a crucial role in securing approval for disability benefits.
You will need a statement from your doctor detailing your limitations and restrictions.
For example:
- Lifting no more than 20 lbs.
- Walking no more than one hour at a time.
- No working in locations with exposure to dust, fumes, or extremes in temperature.
Social Security will assess your residual functional capacity (RFC), the term the Social Security Administration uses to identify how a disabled person’s current limitations prevent them from meeting the physical, mental, and sensory requirements of the workplace.
This assessment aims to determine your ability to perform your previous job or any other employment, considering factors such as your ability to drive, your age, and your educational background.
Additionally, Social Security recognizes that as we grow older, employers are not willing to retain older individuals to perform new skills.
As a result, Social Security utilizes a set of medical-vocational grid rules to assess cases for individuals over age 50. Disability applicants aged 50 or 55 and above frequently qualify under these grid rules when their disability limits them to less strenuous occupations for which they have no skills to perform these less strenuous jobs. If you are over 50, unable to return to your previous employment, and do not have transferrable skills to a less strenuous occupation, you may fall within a grid rule allowing you to obtain disability.
“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”
What if I have other issues along with COPD?
You may also qualify for Social Security Disability benefits if you have an additional impairment.
Individuals with COPD frequently experience other health issues, including coronary artery disease, hypertension, or diabetes. While none of your discrete disorders may meet the criteria for an impairment as outlined in Social Security’s Blue Book, having multiple medical conditions requires that the SSA evaluate how each of your health challenges combine to affect your ability to maintain employment and carry out essential daily activities.
What are the SSA’s Financial Requirements to get disability for COPD?
Even if you meet all the medical criteria for a listed impairment, you won’t be approved for SSDI if you don’t meet the basic financial requirements.
In addition to having a disability that has lasted, or is expected to last 12 months, you must also have worked long enough and recently enough to have sufficient work credits to be eligible for SSDI benefits. In addition, during the period in which you claim disability, you must not work in a job paying you more than the established Substantial Gainful Activity (SGA) amount, which is currently $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants. This only applies to wages for work performed and not to private disability benefits, investment income, or other non-wage earnings.
If you have COPD, and it has affected your ability to work, you may be eligible for Social Security Disability benefits.
However, applying for Social Security Disability benefits is a long process and can take months to years. If you receive a denial, your chances of approval are significantly increased if you have legal representation. At all levels of the process, from the initial application stage to a request for reconsideration or at the hearing level, an attorney can collect and submit relevant medical evidence and obtain doctors’ opinions. In addition, at the hearing stage, an attorney will be able to prepare you for questioning by the judge and prepare an argument citing the evidence in the record that supports your disability claim. An attorney can also elicit helpful testimony from you and cross-examine vocational and medical experts, demonstrating your inability to work. At the Appeals Council and federal court level, a lawyer can present legal arguments to show your case was wrongfully denied. Fees charged by disability attorneys are regulated by federal law and are usually a percentage of the disability back benefits you recover. There are no out-of-pocket costs, and you won’t be charged anything if you don’t win your case.
The attorneys at Bemis, Roach & Reed have experience in representing clients at all levels of the Social Security Disability process and in long-term disability insurance cases.
Citations:
CDC COPD
Mayo Clinic COPD
SSA Section 3.00 Respiratory Adult
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Disability Benefits FAQs
Social Security has some basic financial requirements.
Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants.
Basic SSDI Requirements –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
If you are 55 or older or have another medical condition you may get approval.
Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
Should you file a claim?
If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.
How do I file for Social Security Disability benefits?
Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>
Appealing denied benefits
Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>
Do I need a disability attorney for SSDI?
You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>
What if I don’t qualify for SSDI?
If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>
I have long-term disability insurance – should I file a claim?
Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>
Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court – all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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