It sounds like the form is your employer's form and not an application for Social Security disability, nor is it asking the doc to state anything more than an opinion regarding whether in the doc's opinion you are disabled. You say you're only wanting to avoid disability, but it's clear what you really want is to avoid getting sick with COVID, or any kind of respiratory illness.

COPD qualifies as a disability under the ADA, and you can certainly ask for an accomodation to work from home. Then it's in the employer's court. They can say yes, no or work out some sort of compromise. If you can't agree, you can go to court. If you don't claim a disability, you can't ask for an accommodation. My advice? fill out the form and ask for your accommodation. The worst they can do is say no, and then you have a choice to take the decision to the next level or not.

Hi Carey. You are facing a dilemma indeed. My comments will be brief because anything more might be considered grandstanding. This is all from personal experience and should be tempered against professional medical and legal advice.

You are squarely in the middle of three battles: Your employer and the current economic environment, your changing health and medical needs, and your moral and family responsibilities.

Most states recognize "At-will employment". This means both employers and employees can freely come and go. Most people call it "An honest day's Work for an honest day's Pay." With a lot of laws and court cases behind it. That said, people leave (and get replaced at) their jobs all the time.

A diagnosis of COPD might (can, should) be considered a disability. It is listed in the Social Security BLUE Book of medical conditions which qualify for early benefits. After certain test results confirm the severity, your doctor can (and will) sign off on a disability claim. It is not optional or subjective but based on medical facts.

Lastly, while you may have some coverage for your income loss through a short or long-term disability insurance plan at your job, your employer is thinking even longer term. They have a business to run. While remote work may be convenient for you, it may no longer work for the J.O.B. Be honest. Not being willing to report back to to the office with a known, limiting condition may be red flags enough for them to be cautious about your health. Many workplaces are not equipped to deal with medical emergencies On-site any way.

Take a look at this article and compare to the facts and conversation you are already encountering:
https://www.disabilitysecrets.com/does-copd-qua...
This is the New Reality. From experience, you have to drive the bus on what your future needs to look like. Your boss, your Doc and your family will follow your lead. No one will get out in front and make this decision for you. The clock is on a countdown since COPD set in. Without a doubt, this is where the rubber meets the road.

ps. I totally neglected to answer your question. My employer recognized the impact of this issue way before I did. I was sent the LTD forms before I even returned home from a two week ICU/Rehab stay after double pneumonia. That started my unplanned retirement. I don't think my position has been replaced yet but we are still Friends.

Wishing you all the Best.

Update - my pulmonolgist did fill out the form and suggested the work accommodation be I wear mask and get covid boosters. I now have to go to the office 3 days a week and wear a mask all day. I don't understand why he would put a patient in harms way. I am afraid , I guess that is just "health anxiety"? Confused on if I need to continue this job or retire to take care of myself. I really love my job but.
Wondering if everyone struggles with when to quit working and if others have friends , family and co workers have that difficulty understanding why I am anxious about risks and try to prevent infection

Hi Jean, the form requires a doctor fill it out & certify his answers. I only fill out the top portion with name and employee number. My concerns are not just Covid but any upper respiratory infection (RSV, etc) . I really do not want to qualify for disability , I just want to continue work from home where I have control over the air quality and can take proper care of myself. Thanks for your input!

I think what you're saying is that you want to continue to work full-time from home and the form you have to fill out for an accomodation to do that asks whether or not you have a disability. Does the form require a doctor to fill it out? Or can you fill it out? You can decide how to move forward after you answer that question.

I get that you're afraid to go back to work because you have COPD and you're afraid you'll die if you get it. If you've had the vaccines, wear a mask, wash your hands and take ordinary precautions, your chances of getting COVID are very slim and even if you do, it will almost certainly be less severe than COVID was in the beginning. There are people who still die from COVID, but those numbers are approaching the number of people who die from flu every year (at least where I live and I see very few people with masks). The statistics show that most of the people who get COVID and have bad outcomes haven't had any of the vaccines.

Just to be clear, even if you do qualify for disability doesn't mean you have to take it. You aren't going to get it unless you apply and meet the qualifications. So your doc can say you're disabled, but that doesn't qualify you for disability.

You must make your decision based on your particular circumstances and what you believe is best for you. Your employer is within his rights to ask you to come back to work. You're within your rights to ask for an accommodation based on your COPD. You can always appeal your employer's decision; there are a variety of ways to do that, including going to court.