Respiratory Disease Disability Lawyer

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Chronic Respiratory Disease Disability Lawyer

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Our Disability Lawyers help people who suffer from Chronic Respiratory Disease & have been wrongly denied their Long-Term Disability Benefits. Always FREE Consultations, and you NEVER pay upfront.

Chronic respiratory disease (“CRD”) can technically be considered a group of lung diseases characterized by long-term breathing problems and reduced lung function. Many types of chronic respiratory diseases include asthma, bronchitis, and emphysema.

Chronic respiratory diseases often develop over time, and various factors, including genetics, environmental exposures, and lifestyle choices, can cause them. Chronic respiratory diseases can be very serious and can lead to many complications, including difficulty breathing, pneumonia, and heart failure. Treatment for chronic respiratory diseases often includes medications, pulmonary rehabilitation, and oxygen therapy. In severe cases, a lung transplant may be necessary.

Currently, there is no cure for chronic respiratory disease. While supportive technologies and products are available, living with CRDs can be a struggle that affects daily life choices and can even interfere with someone’s ability to work.  Chronic respiratory diseases are one of the leading causes of long-term disability. People with chronic respiratory diseases may find it difficult to breathe, stay active, and complete everyday tasks. Chronic respiratory diseases can also compromise the quality of a person’s work, making it harder for them to meet deadlines or perform complex tasks. In some cases, people with chronic respiratory diseases may be forced to leave their jobs entirely. Chronic respiratory diseases thus pose a serious challenge to both workers and employers.

If you’ve been denied long-term disability benefits for Chronic Respiratory Disease, you don’t have to go through the Disability Appeals Process. You have the right to hire your own Disability Lawyer for free to fight for you. Don’t do this alone.

If you live with Chronic Respiratory Disease and have been denied long-term disability benefits, speak to an experienced disability lawyer to discuss your options. Lalande Disability Lawyers have been representing disability claimants for decades and have the experience you need to help overturn your disability benefit denial. Call us today at 1-844-434-7224 for your FREE CONSULTATION, or alternatively, send us a message through our website, and we will be happy to get right back to you. Our disability lawyers only get paid – if you get paid.

What is Chronic Respiratory Disease?

Chronic Respiratory Disease (CRD) refers to a group of lung conditions that affect the airways and other structures of the lungs, causing breathing difficulties. These diseases are characterized by chronic inflammation, narrowing, or destruction of the airways, as well as damage to the lung tissue and blood vessels. The chronic nature of these diseases means that they persist over a long period and typically worsen over time.

In most cases, the damage to the lungs is caused by long-term exposure to irritants, such as tobacco smoke, air pollution, or occupational dust and chemicals. This exposure leads to a series of physiological changes in the lungs, including inflammation, scarring, and the breakdown of lung tissue.

As a result of these changes, people with CRDs experience symptoms such as shortness of breath, coughing, wheezing, and chest tightness. These symptoms can range from mild to severe and may vary over time. CRDs are progressive, meaning they typically worsen over time, and can lead to significant disability and reduced quality of life.

Types of Chronic Respiratory Disease

Chronic Respiratory Disease (CRD) is a group of chronic diseases that affect the airways and other structures of the lungs. Some common types of CRDs include:

Asthma: more than 3.8 million Canadians suffer from asthma, and according to Statistics Canada, asthma accounts for about 3,000 deaths yearly. Asthma occurs when muscles around the airway become inflamed and swell up, causing tightening in the airway, which limits the flow of air in and out of the body. Asthma is a serious chronic respiratory disease that affects the lungs. It is one of the most common chronic diseases in children and can also occur in adults. asthma. Asthma symptoms include shortness of breath, chest tightness, difficulty breathing, and wheezing. allergens, exercise, cold air, strong emotions, and other factors can trigger asthma. asthma is a serious medical condition that can often interfere with employment and other activities.

Chronic Obstructive Pulmonary Disease (COPD) often occurs alongside emphysema as a comorbid condition. COPD is a chronic respiratory disease that develops from inflammation in the lungs. It is a serious lung condition that can affect a person’s ability to work. COPD is a leading cause of death and disability in Canada, and the number of people living with COPD is increasing. COPD is a progressive disease, which means it gets worse over time – it does NOT get better. COPD is also a fatal disease. COPD is the fourth leading cause of death in Canada. There are many different types of COPD, and each type can have different symptoms and severity. COPD can be caused by smoking, exposure to second-hand smoke, or exposure to other airborne pollutants. COPD is a preventable and treatable disease, but there is no cure. If you have COPD, it is important to quit smoking and avoid exposure to airborne pollutants. If you are exposed to second-hand smoke or other airborne pollutants, it is important to get checked by a doctor and to get treated early. COPD is a serious disease that can significantly impact your quality of life – and ability to continue one’s own or any occupation.

Emphysema: Emphysema is a slowly progressive lung disease characterized by the destruction of the alveolar walls. Emphysema results in impaired gas exchange and compromise of the ability to work. Emphysema is a fatal disease, with about 3,600 deaths yearly in Canada. The number of new cases diagnosed yearly has been increasing, although the overall mortality rate has declined. Emphysema is one of the most common causes of work disability in Canada. The prevalence of Emphysema is estimated to be about 1% of the entire Canadian population. Emphysema is more common in men than women. The average age of death from Emphysema is about 70 years. Emphysema is a leading cause of death in Canada for those 65 and over. This condition can result in the alveoli weakening to the point of breakage. Recovering alveoli are unable to absorb the same level of oxygen and can lead to additional complications like bullae (or holes in the lung), pneumothorax or a collapsed lung.

Chronic Bronchitis: Chronic bronchitis is a type of lung disease characterized by the inflammation of the bronchi, the tubes that carry air to the lungs. Chronic bronchitis typically develops slowly and gets worse over time. People with chronic bronchitis often experience coughing and shortness of breath. Chronic bronchitis can be caused by a number of different things, including smoking, exposure to fumes or dust, and infections. Chronic bronchitis is a serious condition that can no doubt compromise a person’s ability to work substantial duties or someone’s own occupation or any occupation. In fact, according to Statistics Canada, chronic bronchitis is one of the leading causes of disability in Canada. If you have chronic bronchitis, it’s important to talk to your doctor about your options for treatment. There are a number of different treatments available for chronic bronchitis, and your doctor will be able to help you find the best option for you.

Lung Cancer: lung cancer is a type of cancer that starts in the lungs. The lungs are two spongy organs in your chest that take in oxygen and release carbon dioxide. Despite advances in the detection, pathological diagnosis and therapeutics of lung cancer, many people unfortunately still develop advanced, incurable and progressively fatal disease – it is the second leading cause of cancer death in both men and women in Canada. Lung cancer kills more people than any other type of cancer. Lung cancer is typically caused by smoking tobacco, exposure to secondhand smoke, or exposure to air pollution. Lung cancer can also be caused by lung diseases such as tuberculosis. Lung cancer can have a tremendous effect on a person’s ability to work. Lung cancer can make it hard to breathe, which can compromise a person’s ability to work. It can also make it hard to think clearly, which can compromise a person’s ability to do mental work. Many employees end up suffering from fatigue-related issues, concentration issues and decreased work ability associated with the type of treatment (chemotherapy) and treatment-related side effects that they are experiencing.

Cystic Fibrosis: is a life-threatening genetic disorder that mainly affects the lungs and digestive system. The primary symptom of cystic fibrosis is persistent respiratory infections that can damage the lungs and compromise a person’s ability to work. cystic fibrosis is the most common fatal genetic disease in Canada, affecting about one in 3,600 children born each year. In people with cystic fibrosis, mutations in a gene called CFTR cause the body to produce thick, sticky mucus that clogs the lungs and intestine. This mucus also promotes bacterial growth, leading to recurrent infections, inflammation, and eventual lung damage. In recent years, advances in treatment have dramatically improved the outlook for people with cystic fibrosis. However, the disease still takes a toll on patients and their families. People with cystic fibrosis typically have a shortened life expectancy and must contend with a range of symptoms that can compromise their ability to work. According to Statistics Canada, about 12% of Canadians aged 15 and over reported having a disability that limited their ability to work in 2015. For people with cystic fibrosis, this figure is likely even higher. While there is no cure for cystic fibrosis, early diagnosis and treatment can help people manage the disease and enjoy a better quality of life. Cystic fibrosis is a chronic, progressive disease that affects many different systems in the body, including the lungs and digestive system. cystic fibrosis can compromise a person’s ability to work, making it difficult to maintain employment. The symptoms of cystic fibrosis can make it hard to perform even the most basic job duties, such as standing for long periods of time or lifting heavy objects.

Pneumonia: inflammation within the lungs causes fluid buildup. Many individuals with pneumonia exhibit cold-like symptoms, such as wet coughing, fevers, and difficulty breathing. The danger with pneumonia lies in the potential difficulty breathing, which can lead to long-term disability. Pneumonia is a serious health concern that often requires long-term care and treatment.

Pleural effusion: when there is an excess amount of liquid around the lungs, it becomes difficult for an individual to breathe as a result of the extra resistance limiting the expansion and contraction of the lungs. Pleural effusion can cause chest pain and difficulty breathing.

Tuberculosis: Tuberculosis is a bacterial infection that usually attacks the lungs. It is spread through the air when an infected person coughs or sneezes. Tuberculosis is a serious illness, and in some cases, it can be fatal. According to the World Health Organization, tuberculosis is one of the top 10 causes of death worldwide. In Canada, tuberculosis is not as common as in other parts of the world. However, the Canadian Tuberculosis Reporting System shows that there were nearly 2,000 cases of tuberculosis in Canada in 2017. Tuberculosis can compromise one’s ability to work. The disease can make it difficult to breathe, and it can make people feel very tired.

In some cases, people with tuberculosis need to take time off from work to recover. Tuberculosis can also be expensive to treat. The cost of treatment can add up, and in some cases, people with tuberculosis may need to pay for special equipment or medication.

The Effects of Chronic Respiratory Disease on Mental Health

Chronic Respiratory Disease (CRD) can have a significant impact on a person’s mental health and well-being, leading to frustration, anxiety, and other mental health issues. Here are some reasons why:

Limited physical activity: CRDs can make it difficult to perform daily activities and engage in physical exercise due to breathing difficulties. This limitation can lead to frustration and a sense of helplessness.

Social isolation: People with CRDs may avoid social situations due to their symptoms or the fear of exacerbating their condition. This self-imposed isolation can contribute to feelings of loneliness and depression.

Sleep disturbances: CRDs can cause sleep problems due to coughing, wheezing, or difficulty breathing, leading to fatigue and irritability.

Anxiety about symptoms: The unpredictable nature of CRD symptoms can cause anxiety, as individuals may worry about when their next flare-up will occur or how severe it will be.Medication side effects: Some medications used to manage CRDs, such as corticosteroids, can have psychological side effects, including mood changes, irritability, and anxiety.

Chronic nature of the disease: The long-term, progressive nature of CRDs can be emotionally taxing, as individuals may feel like their condition is controlling their lives.

Fear of the future: As CRDs progress, individuals may worry about their future health, ability to work, and the impact on their loved ones, leading to increased anxiety and stress.

Coping with a chronic illness like CRD can be challenging, and it’s essential for individuals to seek support from healthcare professionals, mental health experts, and loved ones to manage both the physical and psychological aspects of their condition.

Can Chronic Respiratory Disease Affect a Person’s Ability to Work?

Chronic Respiratory Disease (CRD) can interfere with an individual’s ability to work from both a sedentary and physical standpoint. Here’s how:

Sedentary work:

  1. Concentration and cognitive function: CRDs can cause fatigue, sleep disturbances, and oxygen deprivation, which may impact cognitive function and the ability to concentrate on tasks. This can affect productivity and the quality of work, even in sedentary jobs.
  2. Absenteeism: Even in sedentary work, individuals with CRDs may need to take time off due to symptom flare-ups, medical appointments, or treatment side effects. Frequent absenteeism can disrupt work flow and may lead to job insecurity.
  3. Medication side effects: Some medications used to manage CRDs, such as corticosteroids or pain relievers, can cause side effects like mood changes, drowsiness, or difficulty concentrating, which can impact performance in sedentary jobs.

Physical work:

  1. Physical limitations: CRDs can cause shortness of breath, coughing, and fatigue, making physically demanding tasks challenging or impossible to perform. This may limit the range of jobs an individual can undertake or require workplace accommodations.
  2. Exposure to irritants: Some physical jobs may involve exposure to dust, chemicals, or other irritants that can exacerbate CRD symptoms, making it difficult or unsafe for individuals to work in these environments.
  3. Inability to meet physical demands: CRDs can affect an individual’s stamina and endurance, making it hard to meet the physical demands of a job, such as lifting heavy objects, standing for long periods, or engaging in repetitive movements.

Irregular schedules:
One significant challenge for individuals with CRDs is the inability to adhere to a regular work schedule. The unpredictable nature of symptom flare-ups may require individuals to take time off work on short notice or work reduced hours. This can make it difficult to maintain a consistent work schedule and may impact job security, especially in roles that require strict adherence to set schedules or where regular attendance is essential.

Moreover, managing CRDs often involves medical appointments, therapy sessions, and treatment regimens that may need to be scheduled during work hours, further complicating the ability to maintain a regular work schedule.

The impact of CRDs on work can be substantial, affecting not only an individual’s financial stability but also their sense of purpose and self-esteem. It’s essential for employers to be understanding and accommodating and for individuals to seek support in managing their conditions and exploring suitable work arrangements.

Can I get Disability Benefits for Chronic Respiratory Disease?

The answer is maybe. If you suffer from Chronic Respiratory Disease (CRD), you may be eligible for long-term disability (LTD) benefits in Ontario, Canada, depending on the specific terms of your insurance policy and the severity of your condition.

To qualify for LTD benefits, you typically must satisfy the definition of total disability as outlined in your insurance policy. Most LTD policies in Canada have a two-part definition of disability:

  1. Own Occupation: During the initial period of the claim (usually the first 12-24 months), you are considered totally disabled if your CRD prevents you from performing the essential duties of your own occupation. If your CRD significantly interferes with your ability to carry out your regular job duties, whether due to physical limitations, cognitive impairments, or the inability to maintain a consistent work schedule, you may qualify for benefits during this period.
  2. Any Occupation: After the own occupation period, most policies change the definition of total disability to the inability to perform the essential duties of any occupation for which you are reasonably suited by education, training, or experience. At this point, if your CRD is severe enough to prevent you from engaging in any type of gainful employment, you may continue to qualify for LTD benefits.

To prove total disability under either definition, you will need to provide medical evidence from your treating physicians that demonstrates the severity of your CRD and how it impacts your ability to work. This may include medical records, pulmonary function tests, imaging studies, and a detailed description of your symptoms and functional limitations.

It’s important to note that the specific terms of LTD policies can vary, so it’s essential to carefully review your policy and consult with your insurance provider or a qualified legal professional to understand your rights and obligations when applying for benefits.

If your claim is approved, LTD benefits typically provide a percentage of your pre-disability income (usually 60-70%). The benefits may continue until you reach age 65 or are no longer considered totally disabled, depending on the terms of your policy.

Have you been Denied Long-Term Disability for Chronic Respiratory Disease?

If you have Chronic Respiratory Disease and your long-term disability benefits have been denied, it’s important to know that you have options. Our experienced disability lawyers are here to help you navigate this challenging situation and fight for the benefits you deserve.

We understand the physical, emotional, and financial toll that Chronic Respiratory Disease can take on your life, and we believe that you should not have to bear this burden alone. By contacting us for a free consultation, our attorneys can review your case and provide guidance on the best course of action to secure the long-term disability benefits you need.

At Lalande Disability Lawyers, we have a proven track record of helping individuals with Chronic Respiratory Disease obtain the compensation they are entitled to. Our goal is to support you in this difficult time so you can focus on your health and well-being without the added stress of financial uncertainty.

There are several convenient ways to schedule your free consultation with our Long-Term Disability Lawyers:

  1. Call us toll-free from anywhere in Ontario or Nationwide at 1-844-4-DISABILITY.
  2. Send us a confidential email through our website, and we will be happy to explain your long-term disability rights and legal options at no cost to you.
  3. Fill out any form on our website to inquire about our services.
  4. Chat live 24/7 with our representatives, and your discussion will be promptly provided to our intake person. We will get back to you without delay.

Don’t let a denial of long-term disability benefits prevent you from getting the support you need. Reach out to us today, and let us help you fight for your rights.



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FAQ – Chronic Respiratory Disease and Long-Term Disability Benefits

What is a chronic respiratory disease?

A chronic respiratory disease (CRD) is a long-term lung condition that makes it difficult to breathe. A chronic respiratory disease can be caused by smoking, air pollution, and Dust particles. The most common chronic respiratory diseases are asthma, chronic obstructive pulmonary disease (COPD), and emphysema.

What are the symptoms of chronic respiratory disease?

Symptoms of a chronic respiratory disease can include shortness of breath, coughing, and wheezing. In some cases, people with a CRD may also experience fatigue, anxiety, and depression.

What are the symptoms of a chronic respiratory disease?

Symptoms of a chronic respiratory disease can include shortness of breath, coughing, and wheezing. In some cases, people with a CRD may also experience fatigue, anxiety, and depression.

What are the treatment options for a chronic respiratory disease?

There is no cure for most chronic respiratory diseases. However, there are treatments that can help people manage their symptoms and improve their quality of life. These treatments can include medication, oxygen therapy, and pulmonary rehabilitation.

How can a long-term disability lawyer help me?

A long-term disability lawyer can help you get the benefits and compensation you need to support yourself if you have a chronic respiratory disease. In some cases, long-term disability insurance policies will cover the cost of assistive medical technologies and treatments. In other cases, long-term disability lawyers can help negotiate with insurance companies who have denied claimants’ insurance benefits for these technologies and treatments.

Can I continue working with a chronic respiratory disease?

Many people with chronic respiratory diseases can continue working, depending on the severity of their condition and the nature of their job. Discuss your situation with your doctor and employer to determine if any accommodations or modifications can be made to support your ability to work.

What long-term disability benefits are available for people with chronic respiratory diseases?

Long-term disability (LTD) insurance policies vary, but they generally provide a percentage of your income if you cannot work due to a covered illness or injury. Check with your employer or insurance provider to understand the specific benefits available to you.

How do I apply for long-term disability benefits if I have a chronic respiratory disease?

To apply for LTD benefits, you typically need to submit a claim form, along with medical evidence supporting your disability. This may include diagnostic tests, treatment records, and a statement from your physician. Your employer or insurance provider can guide you through the application process.

What should I do if my long-term disability claim for chronic respiratory disease is denied?

If your LTD claim is denied, you have the right to appeal the decision. Review your denial letter carefully to understand the reasons for the denial and the appeals process. Gather additional medical evidence and consider consulting with a lawyer specializing in disability claims to help you navigate the appeals process.

When should I consider hiring a lawyer for my chronic respiratory disease long-term disability claim?

: Consider hiring a lawyer if your LTD claim has been denied, if you believe your insurance company is not fairly evaluating your claim, or if you need assistance navigating the complex legal and medical aspects of your claim. A lawyer can help protect your rights and improve your chances of obtaining the benefits you deserve.

What types of chronic respiratory diseases qualify for long-term disability benefits?

Various chronic respiratory diseases may qualify for LTD benefits, depending on the severity and impact on your ability to work. These may include chronic obstructive pulmonary disease (COPD), asthma, emphysema, cystic fibrosis, pulmonary fibrosis, and other lung diseases that significantly limit your functioning.

How can a lawyer help me with my chronic respiratory disease long-term disability claim?

A lawyer specializing in disability claims can help you gather and present the strongest medical evidence, navigate the appeals process, negotiate with your insurance company, and represent you in court if necessary. They can also help you understand your rights and options throughout the claim process.

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