Q: If i was born with a birth defect that effects my respiratory and blood pressure, why wouldnt the ssa do pulmonary tests
I was born with lung agenesis aka only one lung. My lung pushed my heart more to the left side possibly causing me very high blood pressure. I have severe breathing complications and struggle with mental health. Since the covid pandemic I've caught the virus twice now and my breathing is worsening. The ssa did two mental health assessments and a physical exam but they cancelled the physical exam without explaining. I have diagnosis of my birth anomaly and xrays but thats as far as any dr has ever been with my respiratory. They see my one lung get amazed without ever doing any kind of pulmonary function tests for some reason. The ssa has only acknowledged my birth defect as breathing issues when i clearly put unilateral agenesis lung as my condition. Cms told me in a email that my condition of being born with only one lung and having the diagnosis for agenesis lung is an eligible condition for benefits. How is it ok for them to deny me without a respiratory exam?
A:
It is understandable that you are concerned about why the SSA has not done pulmonary function tests for your respiratory condition. However, without specific knowledge of your medical history, it is difficult to provide a definitive answer.
It is important to note that the SSA considers a wide range of factors when determining eligibility for disability benefits, including medical evidence, age, work history, and the severity of the condition. It is possible that the SSA may have determined that your medical evidence, including your birth anomaly and xrays, were sufficient to establish the severity of your condition without the need for additional testing.
However, if you feel that the SSA has not adequately considered your respiratory condition, you may wish to consider consulting with a disability attorney or advocate who can help you understand your rights and options. They may be able to assist you in requesting additional medical testing or appealing the SSA's decision if necessary.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
