Is being on oxygen a sure winner in Social Security disability cases?
In my experience with Social Security disability in Indianapolis, there are several variables involved in determining a person’s need for oxygen and their ability to work.
The thought of dragging around an oxygen tank in the workplace may sound far fetched to some, but at times Vocational Experts (job expert) may say there are occupations that a person can do while still needing the aid of oxygen.
Eligibility for Disability Benefits While Using Oxygen
If you are attempting to get Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits because you need the aid of oxygen, you should first look to see if your medical condition meets one of the listings in Social Security Administration’s (SSA’s) “Listing of Impairments”.
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Indiana disability appeals claimants with respiratory problems may want to look to SSA’s Listing 3.00 concerning the respiratory system.
While this listing covers various respiratory issues, those with severe breathing problems may want to consider Listing 3.02 Chronic Pulmonary Insufficiency.
This Listing contains various tables comparing FEV1 levels, an individual’s height and other data to determine eligibility for Social Security disability benefits.
To determine your FEV1 level, contact your treating physician to arrange appropriate testing.
Much of the material in the “Listing of Impairments” can be confusing and you may find it in your best interest to contact your physician or a qualified Social Security disability lawyer to sort through this information.
Your Physical Condition Determines Your Eligibility
If you do not meet or equal a listing, will you lose your Indiana Social Security disability appeal? — Not always.
It may depend on how often you are short of breath, experience chest pain, find yourself fatigued, and many other factors. Your inability to complete a full work day due to the above problems may persuade an Administrative Law Judge (ALJ) that you deserve SSDI or SSI benefits.
This is considered your physical residual functional capacity or in other words what you can or can’t do once all of your physical limitations are taken into consideration.
While some job experts may say there are jobs that exist for individuals dragging around an oxygen tank, most qualified job experts also believe it would be much harder for one of these individuals to be hired when compared to an individual who is not on oxygen.
In Indianapolis Social Security attorney Scott Lewis’ experience many ALJ’s find individuals disabled when they are on oxygen 24 hours a day, 7 days a week. even when there is no evidence that they meet a listing.
In summary, just being on oxygen is not a sure thing when it comes to Social Security disability benefits.
There are many factors that come into play including age, education, prior work experience, and residual functional capacity.
If you have any further questions, please don’t hesitate to reach out to us, we’re here to help!
