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Impairments from Tremolite Asbestos Exposure in Social Security Disability Cases: Social Security Ruling (SSR 06-01p):

Tremolite  is a type of asbestos sometimes found in the mineral vermiculite. Exposure to tremolite can occur from mining, horticultural, and agricultural activities. It has also occured from exposure to construction and insulation materials.

Exposure to tremolite has occurred in the Libby, Montana area, and may have occurred in other areas as well.

When tremolite asbestos is inhaled, it penetrates the alveolar sacs and can permanently lodge in the pleural lining of the lungs. This can cause inflammation and scarring of the lung, which can result in pleural hardening, thickening, and effusion. In turn, this can permanently affect a person’s breathing, resulting in chronic pulmonary insufficiency. It can also cause several types of cancer, including mesothelioma and bronchogenic carcinoma.

Presence of chronic pulmonary insufficiency can be determined from the person’s medical history, medical signs, and laboratory findings. Some of the tests used to make the diagnosis are: spirometric pulmonary function tests, chests x-rays, CAT scans, measurement of pulse oximetry, measurement of the diffusing capacity of the lungs for carbon monoxide (DLCO), and resting or exercise arterial blood gas studies (ABGS). Malignant mesothelioma and bronchogenic carcinoma are determined by a tissue biopsy.

Social Security will determine if the chronic pulmonary insufficiency or cancer is severe enough to meet or medically equal one of their listings. If it is, the person is found to be disabled.

If not, Social Security will assess the person’s residual functional capacity (RFC), or the most the person can still do despite the limitations caused by his or her impairments. If, given these limitations, the person cannot do any of her prior relevant work (work she has done in the past 15 years), or any other substantial work for profit in the national economy, they are found disabled. 

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.

Melvin Cook:
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