At Aussie Injury Lawyers, we understand how overwhelming it can be to navigate life with chronic obstructive pulmonary disease (COPD). Whether you’ve just been diagnosed or are dealing with the effects of a progressive disease that makes everyday tasks difficult, it’s natural to wonder what support is available.
In this blog, we break down what COPD means for your eligibility for disability benefits in Australia, including the Disability Support Pension (DSP). Our goal is to offer honest, empathetic guidance so you can better understand your options and feel confident about the next steps.
Is COPD a Disability in Australia?
Yes, COPD is recognised as a disability in Australia if it significantly impacts your ability to work or carry out daily activities. Chronic obstructive pulmonary disease is a progressive lung condition that causes breathing difficulties due to airflow blockage and long-term damage to the lungs. It includes conditions like chronic bronchitis and emphysema, which damage the air sacs and reduce the capacity of healthy lungs to function.
Under Australian law, (Disability Discrimination Act 1992) COPD qualifies as a disability when it affects your ability to work or participate fully in everyday life.
However, being diagnosed with COPD alone does not automatically mean you’ll be eligible for disability payments. You must meet the specific eligibility criteria and provide medical documentation that demonstrates how the illness affects your life.
What Stage of COPD Qualifies for Disability?
To qualify for disability benefits like the DSP, the severity of your COPD symptoms and how they affect your ability to function are key.
COPD is generally categorised into four stages using the GOLD classification (Global Initiative for Chronic Obstructive Lung Disease):
- Mild (Stage 1): Mild symptoms, such as occasional shortness of breath.
- Moderate (Stage 2): Worsening airflow limitation and increased symptoms like cough and fatigue.
- Severe (Stage 3): Noticeable reduction in exercise capacity and frequent flare-ups.
- Very Severe (Stage 4): Significant airflow restriction, low oxygen levels, and difficulty performing basic daily tasks.
To be considered for the Disability Support Pension, most people will need to demonstrate that they are in Stage 3 or 4, where symptoms severely affect their capacity to work or engage in daily activities.
Some of the main criteria used to assess eligibility include:
- Frequent breathing difficulties or need for oxygen therapy.
- Limitations on daily tasks, such as walking, dressing, or preparing meals.
- Dependency on others for support.
- Inability to sustain employment due to shortness of breath or fatigue.
What Benefits Can I Claim if I Have COPD?
If COPD prevents you from working or living independently, you may be eligible for several types of disability benefits and support services in Australia:
1. Disability Support Pension (DSP)
As mentioned earlier, this benefit is a fortnightly Centrelink payment for people who have a permanent physical condition that stops them from working 15 hours or more per week.
To be eligible, you must:
- Be assessed as having a permanent condition (COPD qualifies if severe).
- Meet the medical evidence requirements.
- Be aged 16 or older and below pension age.
- Pass income and asset tests.
Read more on the Disability Support Pension eligibility criteria.
2. Mobility Allowance
If you’re working, training, or volunteering but can’t use public transport because of COPD, you may be eligible for a Mobility Allowance to help with transport costs.
3. Carer Payment or Allowance
If a family member or loved one helps you with daily care, they may qualify for financial support.
4. Other Services
You might also be eligible for:
- My Aged Care supports (if over 65).
- Commonwealth Home Support Program services.
- Help from your super fund or insurance provider if you have TPD(Total and Permanent Disability) or Income Protection insurance.
Learn how we help Aussies claim TPD or Income Protection here.
What is the Medical Evidence for Disability Support Pension?
One of the most important parts of your initial application for the DSP is providing thorough medical evidence.
For COPD, your documentation must show:
- A confirmed diagnosis from a qualified specialist, such as a respiratory physician.
- Details on how long you’ve had the condition and its progression.
- A clear explanation of how the illness affects your ability to work or perform daily tasks.
- Results of tests like spirometry or lung function tests.
- Ongoing treatment plans and use of medications (such as bronchodilators or oxygen).
After you provide this, Centrelink will then evaluate this documentation to determine whether your lung disease prevents you from working or participating in normal activities.
Tip: Make sure your paperwork is current and consistent.
How Much is Compensation for COPD?
Many Australians living with chronic respiratory disorders ask whether compensation is available beyond Centrelink support. The answer depends on the circumstances surrounding your diagnosis and work history.
You might be entitled to compensation through:
1. TPD or Income Protection Insurance
If you can no longer work due to COPD, check your superannuation fund or insurance policies for coverage. You may have a Total and Permanent Disability claim or Income Protection entitlement. At Aussie Injury Lawyers, we help clients with TPD claims every day.
2. Workers’ Compensation
If your COPD was caused or worsened by your work environment, (for example, due to dust, smoke or chemical exposure) you may be eligible for a workers’ compensation claim.
3. Civil Claims
In some cases, civil claims against past employers or third parties may be possible if your illness was preventable and linked to negligence.
Try our TPD Payout Calculator today.
Note: The amount of compensation varies depending on the claim type, your employment history, lost earnings, medical expenses, and impact on quality of life. The key is to get expert legal advice on your unique situation.
Need Help with a COPD Disability Claim?
Living with COPD is tough. Managing symptoms like shortness of breath, fatigue, and reduced mobility can be a daily challenge, especially when you’re unsure what support you’re entitled to.
At Aussie Injury Lawyers, we’re here to take the stress off your shoulders. Whether you’re applying for the Disability Support Pension or exploring a TPD or income protection claim, our expert legal team can guide you every step of the way.
We act on a no-win, no-fee basis and offer free initial consultations. If COPD has impacted your ability to work or live independently, let us help you claim the benefits you deserve.
Book an appointment online and get in touch with our team today.
