If you experience respiratory failure, you may be eligible for Social Security disability benefits. It is often difficult to win a claim on your own, but a lawyer can help your case. The disability lawyers at Summit Disability Law Group know how to build your case and get you benefits.
We have years of experience helping people with serious disabilities and medical conditions get the benefits they deserve. Potential clients often ask us if they can get Social Security disability benefits with respiratory failure. Fortunately, the answer to this question is yes. However, you must meet certain requirements. This page explains these requirements.
Respiratory failure can make it impossible to keep a job and earn money. If you find yourself in this situation, you deserve disability benefits. Summit Disability Law Group knows the claim process, and you will not pay us any legal fees unless we win your disability case.
How Can I Qualify for Disability Benefits with Respiratory Failure?
“Social Security disability benefits” refers to the Social Security Disability Insurance program, or SSDI. The Social Security Administration, or SSA, runs this program. In order to receive disability benefits with respiratory failure, you must meet the SSA’s requirements.
To help you understand your case, we will break down the requirements for respiratory failure benefits. In order to qualify, your condition must meet the following guidelines.
- You must experience respiratory failure, due to any underlying respiratory disorder
You can qualify for benefits if any type of chronic respiratory disorder causes your failure. However, the requirements change slightly if you have cystic fibrosis. We will explain these changes later on this page.
- You must receive invasive or noninvasive ventilation treatment
To be eligible for disability benefits, you must receive invasive or noninvasive ventilation treatment (or both). These treatments utilize machines to help you breathe. Invasive mechanical ventilation involves placing a tube in the trachea. Noninvasive ventilation uses a BiPAP machine to deliver air through a face mask.
Your ventilation treatment must last at least 48 hours. If you are receiving the treatment after a surgery, it must last at least 72 hours.
- You must receive these ventilations twice within 12 months
The SSA states that you must receive a 48-hour ventilation treatment (or 72-hour after surgery) twice within 12 months. In addition, each treatment must be at least 30 days apart from the other.
If you have cystic fibrosis, you only need to receive this type of treatment once if you experience respiratory failure.
If you work with Summit Disability Law Group, we will help ensure that your claim meets all legal requirements.
Applying for Social Security Disability Benefits
You can apply for Social Security disability benefits in two ways. You can apply online, or in person at a local Social Security office. If you decide to work with us, we will take care of a large part of the application process.
- Applying for benefits online
If you are interested in applying for disability benefits online, there are some simple steps to follow. Just do the following four things to submit your application.
- Visit this link: Online Disability Benefit Application (scroll down and click “Apply for Disability” button)
- Complete the Disability Benefit Application
- Answer questions on the Adult Disability Report
- Complete the Authorization to Disclose Information form, then deliver it to your local Social Security office (by mail or in person)
While it may seem easy to apply online on your own, we strongly encourage hiring an experienced disability lawyer. The majority of claims are initially denied, and it can be difficult to figure out why. A lawyer can help you file a strong initial claim and strengthen the weaknesses of a denied claim.
- Types of SSDI benefits you can receive
Many people know that Social Security disability benefits involve monthly checks. This is true, but cash benefits are not the only type of benefits you can receive. You may also be eligible to receive Medicare benefits under the SSDI program.
If you qualify for SSDI, you can receive past-due and retroactive cash benefits. These benefits cover the months you were disabled before you applied and while your application was being reviewed. Once you receive 24 months’ worth of benefits (including these past-due and retroactive payments), you are enrolled in Medicare.
The Advantages of Hiring a Disability Lawyer
As we mentioned before, the majority of disability claims are denied. In fact, almost 80% of claims are denied at the first review stage. Unfortunately, many deserving claimants have their cases denied and give up trying. They don’t know that many people file successful appeals and receive benefits. A disability lawyer can help you make sure your case is strong at every step.
Summit Disability Law Group strives to provide effective and affordable representation to SSDI claimants. We offer all disabled Utahns the following resources during their disability claim.
- Free disability claim consultations
You deserve to know your chances of getting disability benefits with respiratory failure. Because of this, we offer free disability claim consultations. During your consultation, we would discuss your situation and how a disability claim may turn out.
Scheduling a consultation does not mean that you are obligated to work with us. We offer free consultations so that you can make an independent and informed decision about your claim.
- A “No Fee Guarantee”
Disability claims are very stressful. Many people worry about adding the financial stress of hiring a lawyer. There is no need to worry if you work with Summit Disability Law Group. We offer each client our “No Fee Guarantee.” We operate on a contingency fee agreement, which means you won’t pay us legal fees unless we win your disability claim.
- Free disability benefits handbook
The disability claims process can be confusing. So, we wrote a book that explains it in plain English, not legal jargon. We offer The Utah Social Security Disability Handbook for free to anyone who wants a copy. You can order your free copy today by clicking here.
Contact the Disability Lawyers at Summit Disability Law Group Today
We want to help you win the benefits you need. The attorneys at Summit Disability Law Group understand what it takes to get Social Security disability benefits with respiratory failure. If you are interested in a free case consultation with one of our lawyers, please contact us today! We are ready to answer any questions you have.
You can reach our main Draper office by phone at (801) 890-1030. You can also request a consultation by filling out the request form at the top-right of this page. If you can’t come to one of our office locations in Draper, Bountiful, or Orem for your consultation, we will come to you! We often meet with claimants at their homes, at the hospital, and even over Skype. Please let us know what works best for you.
Summit Disability Law Group is dedicated to providing the best disability representation in Utah.