Respiratory Disorders
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Evaluating respiratory disorders can be a challenging undertaking for
some disability advocates. Physical limitations caused by respiratory
disorders are many in number and can cause a variety of
symptoms. Like all other impairments, respiratory disorders should be
evaluated based on the physical and/or mental limitations caused by
the impairment.
General Evaluation
When evaluating disorders of the respiratory
system, it is important that you note the symptoms of the disorder.
This is certainly not difficult because usually the claimant will
eagerly provide a list of symptoms for you to evaluate. Most lung
disorders will manifest symptoms like chronic cough, wheezing,
hemoptysis (coughing up of blood), sputum production, dyspnea
(difficulty breathing) and possibly chest pain. One or more of these
symptoms will be found on physical examination of claimants with acute
or chronic respiratory disease. In respiratory disorders, as with all
other impairments, it is important to note symptoms. Symptoms
supported by the evidence are the foundation upon which you'll build
your argument.
Acute Respiratory Disease
There are many types of acute and chronic
respiratory diseases. Generally, acute respiratory diseases are
short-lived and treatable. Acute disorders, although potentially
serious, usually respond to treatment and subside in less than twelve
months. Pneumonia would be a good example of an acute yet serious
respiratory disorder that is not expected to last twelve months. As
you know, if a condition is not expected to last twelve months, it
will be denied by Social Security for not meeting the duration
requirement. If on the other hand you have an acute respiratory
disease that responds poorly to treatment or causes serious and
lasting damage to the respiratory system, you may have a case for
disability.
Chronic Respiratory Disease
Most disability cases in both children and
adults will involve chronic lung diseases like asthma, chronic
pulmonary insufficiency, cystic fibrosis and even lung cancer. Most
chronic lung diseases will easily meet Social Security's duration
requirement and can result in permanent disability. These chronic
conditions can cause obstructive and/or restrictive breathing
problems. The terms obstructive and restrictive are used to define
the physiological cause of the underlying disease.
Obstructive Pulmonary Disease (COPD)
The three most common adult COPDs evaluated by
Social Security are asthma, emphysema and chronic bronchitis. The
most common child COPDs are asthma, cystic fibrosis and
bronchopulmonary dysplasia. In all of the above conditions, the
claimant may suffer from fatigue, severe shortness of breath and an
inability to properly exchange gases in the lungs. In severe cases,
the claimant may also experience chest pain, light headedness and an
inability to concentrate. All of these types of symptoms of COPD can
significantly reduce a claimant's ability to perform work. Your
Social Security Guide provides a nice presentation on COPD under
section 18/5.
Restrictive Pulmonary Disease
In restrictive pulmonary disease, there is a
disease or malfunction in the lung tissue. Disease in the lung tissue
can significantly reduce the amount of usable lung volume.
Restrictive pulmonary disease can also be caused by other factors such
as obesity, spinal deformities and paralysis of the breathing
muscles. Like COPD, evaluation of a person with restrictive lung
disease involves a determination of the extent of the underlying
restriction. Testing the level of lung restriction is done with
breathing tests like spirometry and gas exchange. Spirometry measures
the total breathing capacity of the lungs by measuring the FVC or
forced vital capacity.
Other Laboratory Findings
The chest x-ray is also an important tool to
use as supporting evidence in a respiratory disorder. The x-ray may
or may not show a severe disorder, but any abnormal finding on an
x-ray can be used as strong ammunition for the existence of a serious
condition. Whenever you have an x-ray that shows an abnormal finding,
use it as part of your argument to support your restrictions of the
claimant's residual functional capacity.
Blood gases are another commonly used
laboratory tool for evaluating the severity of lung disease. Blood
gas results provide the physician with an objective measurement of the
claimant's respiratory function. Blood gases show the arterial
concentration of pCO2 and pO2 in the patient's blood. These two gases
are exchanged in the blood via the lungs. Blood gas results indicate
if there is normal gas exchange occurring in the lung at a given
atmospheric pressure. When these values are abnormal, they are
indicative of an underlying disease.
A person with a significant lung disorder can
have a reduced oxygen (O2) concentration in the blood and an elevated
carbon monoxide (CO) level depending upon what type and severity of
disease the patient is suffering from. The existence of any sustained
abnormality of blood gases is an indication of an existing serious
respiratory condition.
Rule of thumb: If the claimant is placed on
home oxygen, that person is probably suffering from a serious
pulmonary affecting gas exchange. Any person on O2 treatment will be
compromised and will experience a significant reduction of
his residual functional capacity. Not only that, the presence of
lung disease and the need for O2 will also limit the environments that
a claimant can function on. Any environment where there are
impurities in the air would be off limits for a patient with serious
lung disease. Also, O2 is a volatile gas that if subjected to a flame
could result in massive injuries. You would not want a claimant to
continue smoking or working in an environment where there are sparks
or other sources of ignition.
Episodic Lung Disease
In many respiratory disorders such as asthma
and emphysema, the patient may suffer from acute exacerbation of the
disease, which may require emergency treatment. If the claimant has
an ongoing disorder that has required at least two doctor visits, a
hospitalization or an emergency room visit for treatment, use this to
lower the claimant's residual functional capacity.
Commonly, patients suffer from lung disorders
that are episodic in nature. Social Security tends to deny benefits
to these claimants based on the duration requirement. You must argue
that although a claimant has had only two or three emergency visits in
a year, she continually suffers the debilitating effects of the
disease and should be restricted to the appropriate allowance level
residual functional capacity.
Other Common Respiratory Restrictions
In all respiratory impairments you should
consider limiting a claimant's working environment. A claimant with a
significant lung disorder should not work around chemical fumes or any
other type of lung irritant. If a claimant is allergic to pollens or
polluted air, and this is documented by the medical evidence, work
should not be done outside. Using your common sense, you'll be able
to determine many practical restrictions that may help you to create a
winning argument.
If you address the issues as set forth in this
report concerning claimants with severe respiratory disorders, you'll
be able to extract enough supportive evidence to produce at least a
fair argument for disability.
There are several other important
considerations when evaluating respiratory disorders that are not
discussed here. For additional information about respiratory
disorders and how they are evaluated by Social Security, see Social
Security Guide, see full discussion link.