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?

1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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