Emphysema Disability Claim Lawyers

Helping You Understand Your Rights

Emphysema is a serious respiratory condition that affects the lungs, making it increasingly difficult for individuals to breathe. As a progressive disease, emphysema gradually worsens in most cases and can lead to severe limitations in daily activities, rendering the patient unable to work. If this happened to you, it might be possible to file for long-term disability (LTD) benefits.

Securing LTD benefits for emphysema can be challenging, though. Insurance companies often deny valid claims without explanation, leaving people without the support they need. At Dabdoub Law Firm, we focus on fighting disability claim denials and helping people get the benefits they deserve. If your emphysema has led to a disability, you may be entitled to various benefits and compensation, and we can help.

Please call (800) 969-0488 now to get a free case review with our attorneys. Due to ERISA laws, we can help people nationwide.

Clinical Manifestations of Emphysema

Emphysema is a type of chronic obstructive pulmonary disease (COPD), characterized by damage to the alveoli, the tiny air sacs in the lungs. Over time, the walls of the alveoli are destroyed, reducing the surface area of the lungs and making it difficult to exchange oxygen and carbon dioxide.

Typical emphysema symptoms include:

• Shortness of breath: A hallmark symptom, often worsening over time, making even light activities difficult.
• Chronic cough: Persistent coughing, sometimes with mucus, is common.
• Fatigue: Reduced lung function can cause significant fatigue as the body struggles to get enough oxygen.
• Wheezing and chest tightness: These symptoms often accompany flare-ups or exertion.
• Frequent respiratory infections: People with emphysema are more prone to lung infections like bronchitis or pneumonia.

Emphysema is often caused by smoking, although other factors like exposure to pollution, chemical fumes, and genetic conditions such as alpha-1 antitrypsin deficiency can also play a role. As emphysema progresses, individuals may become increasingly dependent on oxygen therapy and may struggle with basic tasks like walking or climbing stairs. This loss of functional capacity is a critical factor in long-term disability claims.

Challenges with LTD Claims for Emphysema

Applying for long-term disability benefits due to emphysema can be a complex process. Insurance companies often try to minimize the impact of the condition by arguing that claimants can still work in sedentary jobs or manage their symptoms with treatment. However, emphysema often causes more severe limitations than what appears on the surface.

A person with emphysema may be unable to:

• Perform physical work: The physical limitations of emphysema are clear, as people with this disease often cannot perform tasks that require minimal exertion, even for short periods.
• Work in environments with air irritants: Exposure to dust, fumes, or other respiratory irritants can trigger flare-ups, making it impossible to work in many industrial or service settings. Even working near heated oil, like in most food service jobs, can be a problem as small oil particles float into the air.
• Maintain consistent attendance: Frequent hospitalizations, doctor visits, and flare-ups may result in inconsistent attendance and an inability to work full-time.

Despite these realities, insurers often deny emphysema-related LTD claims, arguing that claimants are exaggerating symptoms or that their condition is manageable. That’s where the insight and experience of Dabdoub Law Firm becomes so important.

Why Do Insurers Deny Long-Term Disability Claims for Emphysema?

Insurance companies are known for scrutinizing emphysema claims closely, often looking for reasons to deny coverage. After all, an insurance company has to make profits, and the most direct path it can take to make more money is to deny more claims.

Some common tactics used by insurance companies to deny emphysema LTD claims include:

• Claiming insufficient medical evidence: Insurers may argue that the medical documentation provided does not prove the severity of the condition. They may request additional pulmonary function tests (PFTs) or argue that the existing tests show that a claimant can still work.
• Questioning treatment compliance: Insurance companies often deny claims by arguing that individuals are not following prescribed treatments, such as using inhalers, taking medications, or undergoing pulmonary rehabilitation. They may claim that with proper treatment, the individual could still work.
• Minimizing the impact of symptoms: Insurance companies may argue that claimants can still perform sedentary work, overlooking how fatigue, shortness of breath, and the risk of exacerbations limit even desk jobs.

If your claim has been denied based on any of these arguments or one not listed here, it's important to remember that a denial is not the end of a case. Dabdoub Law Firm has a proven track record of appealing and overturning long-term disability denials. 

How We Can Help with Your Emphysema LTD Claim

At Dabdoub Law Firm, we understand the unique challenges that emphysema presents and the tactics that insurance companies use to deny disability claims filed by people with emphysema. Our team has extensive experience in handling long-term disability claims related to respiratory conditions, including emphysema, and we have a thorough understanding of how to prepare a strong case to pursue benefits. In fact, most of the cases we successfully resolve are handled pre-trial, meaning that those clients received benefits sooner rather than later and without a drawn-out litigation phase.

Dabdoub Law Firm can help with your emphysema LTD claim in many ways, such as:

• Comprehensive case review: To begin, we can thoroughly review your medical records, employment history, and the details of your claim to ensure that no crucial information is overlooked.
• Gathering and presenting evidence: We work with medical experts to present clear and compelling evidence of your condition and its impact on your ability to work. Detailed pulmonary function tests, medical opinions from pulmonologists, and documentation of your daily struggles can all be incredibly compelling.
• Filing and appealing denials: If your claim has been denied, we can file an appeal and present a case to the insurance company, leveraging our extensive knowledge of LTD policies and the appeals process.
• Taking your case to court: If necessary, we are fully prepared to litigate your case and fight for your rights in court, including federal court.

Our firm is built to win long-term disability cases, and we have the results to prove it. If you are struggling to get the benefits you need because of emphysema, Dabdoub Law Firm is ready to step in and fight on your behalf.

Call us today at (800) 969-0488 to schedule a consultation and learn more about how we can help with your emphysema-related LTD claim.