Does sleep apnea patients qualify for Disability

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
rmship
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Does sleep apnea patients qualify for Disability

Post by rmship » Sat Jul 09, 2005 5:26 pm

This last year has been terrible health wise.

I have hear loss in both ears, I wear aids...

High BP, acid reflux..now I have a vocal chord problem, spasms...a sleep study uncovered sleep apnea, something about 46 stoppages per minute, with cpap down to 1, does the apnea or combination qualify me for disability??

I am working, married age 52, our baby is a second semester undergrad senior this fall, I think i earn too much to file for disability, help


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dirtsurfer57
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Post by dirtsurfer57 » Sat Jul 09, 2005 8:14 pm

Well it just so happens I am on disability for sleep apnea at this moment. I was diagnosed June 1 and the Dr. immediately took my driving privileges away, I drive a forklift, and AFLAC covered my disability. Now I don't know if Social Security could do anything with disability, but the way the laws are changing with liability and sleep apnea I would think it would be a definate possibility. Hope this helped some! Keep us posted on how things come out.
Good Luck
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sleeplesssue
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Post by sleeplesssue » Sat Jul 09, 2005 8:22 pm

For Social Security you must not be able to do or retrain for any type of gainful employment. They mean ANY. And if you have a spouse who has an income forget it. It doesn't matter that your spouse doesn't make enough money to afford insurance so you can get treatment for your disability and maybe get back to some type of employment. You're just up the creek.

rubbins
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Post by rubbins » Sat Jul 09, 2005 9:30 pm

Sleeplessue is correct about social security disability. The income limitations apply to Supplemental Security Income benefits only and not to Title II regular disability benefits which are based upon your earnings. To be considered disabled, you must be unable to perform any work based on your age, education and prior work experience. The older you are, the easier it is to qualify. However, the standards are less stringent for private disability insurance policies. Good luck to you!!!

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rpalmer
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Post by rpalmer » Sat Jul 09, 2005 10:01 pm

Sleeplesssue is right as I understand Social Security Disability too. If you're gainfully employed, even part-time, you probably won't qualify.

I filed for SSD (Social Security Disability) in November 2001 when I left full-time employment, have gone through a series of denials & appeals since, & a SSD hearing examiner finally found in my favor in March 2005. I haven't worked a day during that whole period and have had to attest to that over & over again.

The disabling condition(s) contained in my November 2001 claim were OSA, COPD, Congestive Heart Failure, Atrial Fibrillation (pacemaker implanted March 2000) & a whole menu of other health issues. But my claim was denied.

In May 2003 I suffered a Sudden Onset Profound Hearing Loss - 100% loss of hearing in my right ear. That has then caused a vestibular (inner ear) dysfunction so I walk like I'm drunk & I couldn't drive even if the OSA hadn't caused me to stop driving 5 years ago.

Strange thing (although you soon learn that with Social Security nothing is strange) is that the hearing examiner found in my favor on the basis of the hearing loss & vestibular dysfunction. i would consider that the least disabling of all my conditions and I didn't even have it when I originally filed in 2001 but, hey, that's what he hung his hat on.

Moral of the story is 1.) Social Security apparently always denys every claim initially, so appeal every denial 2.) You have to be persistent, stick with it & go through the system no matter how frustrating it gets. 3.) Don't overlook anything that might even hint at being a disabling condition, because you never know what they might eventually focus on.

Let me know (PM me) if I can provide you any additional information that might be helpful & in the meantime, best of luck.
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rmship
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wow

Post by rmship » Sat Jul 09, 2005 11:45 pm

wow, thanks, i feel blessed now....sure would like to enjoy rest of my days away from Jobs...

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rpalmer
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Re: wow

Post by rpalmer » Sun Jul 10, 2005 1:40 am

rmship wrote:wow, thanks, i feel blessed now....sure would like to enjoy rest of my days away from Jobs...
Be careful what you wish for. I'm sure it depends on the job, but I'd trade in any of my health problems to get my old job back in a New York minute. Or to be able to play tennis again. Or scuba dive again. Or hike the Grand Canyon again. Or just run & play with my grandkids. Or, or, or....

If I'd had any idea I was going to last this long, I'd have taken such better care of myself!
“The best cure for insomnia is to get a lot of sleep.â€

CandyADiva
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Post by CandyADiva » Sun Jul 10, 2005 10:55 am

Well I just applied for both the lady that took my application over the phone said I had to. My doctor had to fill out my paper work and he told them I'm not stable enough to work right now. I have other health issue also. Then I had to fill out papers and my Husband had to fill out papers about how much I can do. So we will see what happen I will post the out come as I get it. I do know that Social Secuirty do allow sleep apnea a disability but I will see what they say.

ginnylee
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Post by ginnylee » Sun Jul 10, 2005 12:30 pm

I retired from the State of Montana 1 1/2 years ago and receive state retirement, but it would be nice if I could also get SS disability as it would be a nice supplement to my income (instead of waiting until I'm 62 to collect)......I am now 55 years old......I worked for the State with sleep apnea for years so I'm sure the sleep apnea would not qualify as a disability for me, especially since it's a disorder that can be alleviated with the CPAP.......Because I worked for Human Services I do know that it is very difficult to be determined disabled according to SS criteria.......And, like another poster referenced, you are always denied the first time. You do have to stick with it and be very persistent......I remember when I worked for human services many people would become eligible after the hearing (there is the initital application, the reconsideration, and the hearing), and I do know that age is a factor. I was told by a SS representative that they look at circumstances more leniently when a person reaches age 55 years......When I visited my doctor a few months ago he commented on my general health.....I also have high blood pressure and have smoked for years, so he was less than enthused.....After sitting there listening to him basically tell me that I was too young to be in this shape, I mentioned that I should apply for SS disability...........He asked me "What's your disability?"......I had to laugh at that one....I had a client who was dying of terminal cancer a few years ago and he received his disability the month he died.........!!!! So, guess I'll stick it out for a few more years.......Don't think there's much chance of SS determining me disabled.........!!!!


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Post by Guest » Sun Jul 10, 2005 12:58 pm

Well I was told that your doctor would have to say you are disable. it depends on who look at your claim. I know a man who is getting disability for his sleep apnea. As long as your sleep apnea has limited you from doing everyday things you can apply for SSI or SSDI. I have other things wrong with me beside my sleep apnea. But if you have a medical doctor filling out your papers and he sates you can't work right. You have a good chance.

ginnylee
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Post by ginnylee » Sun Jul 10, 2005 1:18 pm

I would never qualify for SSI as it's a program for people who are disabled and don't qualify for SS disability (not enough work credits)......But, I realize the disability criteria is the same for both SSI and SS Disb........It doesn't stop me from doing everyday things because I'm being treated with the CPAP.....I get up about 5 a.m. each morning and go to bed about 10:00 p.m......I never get tired anymore (Thank God for the CPAP)........So, unless it causes other physical problems like heart failure, etc., I would not consider myself unable to work.....I worked for the State for 35 years so I consider myself retired now....I just don't want to work anymore!!!!


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FairSpirit
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Post by FairSpirit » Sun Jul 10, 2005 3:43 pm

rpalmer said:

"Moral of the story is 1.) Social Security apparently always denys every claim initially, so appeal every denial 2.) You have to be persistent, stick with it & go through the system no matter how frustrating it gets. 3.) Don't overlook anything that might even hint at being a disabling condition, because you never know what they might eventually focus on."


This is SO true. I am going through the fight for Disability right now myself. I first applied in early 2003 and was, of course, denied. I appealed and it has took years to get a hearing and just recently, last week, had my hearing before a judge. I have a very good lawyer, but it's been hard and slow going. Mostly due to my age. They do NOT want a 26yr old woman to get Disability benefits.

My Doctor and ALL the Docs that "they" sent me to have clearly stated that I can NOT work and am certainly disabled, but in the end it's up to the judge. I am trying to get Disability on my back, ruined because of my weight. Also in my list is many other things, including my OSA. I can no longer stand or walk more than a couple minutes. I can't even sit more than a short while without pain and having to move around. It has been really bad. You never know how wonderful standing and walking really are until you can no longer do them.

My problem was that sadly, I was assigned the worse possible Judge I could have got for my case. The Judge I had, according to my lawyer who has worked with him a lot, is VERY biased against Obese people, especially YOUNG, obese people. It's been awful, but in the end, my Lawyer said I did well at the hearing. I am now awaiting the Judge's decision. I'd like that Judge to spend just one day in my shoes.... then he'd know what kind of pain I'm in.

Anyway, I am unsure if one could likely get Disability just for OSA alone, but as it seems, some people are. rpalmer gave a good & true post about all this. Almost EVERYONE is denied the first time, but it's just something you have to fight. Like I told the Judge, I worked since I was 15 until I became disabled, I hate being in this condition and am just trying to get this disability so I can have income to live on and hopefully get my long awaited gastric bypass.

All I can say is if trying for Disability, keep fighting and best of luck to you!
~FairSpirit~

Maskedmechanic

Post by Maskedmechanic » Sun Jul 10, 2005 4:25 pm

Wait a minute. Am I disabled because I can't see without my eye glasses? Should you pay to support me? I think not. Use your CPAP. Get the rest you need and stay at work! There are a million people with apnea that are treating it sucessfully. They are out in the world, working hard and making it a better place for all of us. Be encouraged and be thankful that sleep apnea can be treated!


CandyADiva
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Post by CandyADiva » Sun Jul 10, 2005 5:01 pm

Just because a person applies for SSI or SSDI dont mean someone is taking care of them everyone is not the same and sleep apnea can affect each one of us different. Different disorder that people have dont mean we are all the same. It just depends on what you ahve and how it affects you. Some people with sleep apnea do just fine and some can't function right. What you get from SSI dont make you rich and I feel if a person can work I think they will work. That is why SSI or SSDI is here for if we should need it.

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rpalmer
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Post by rpalmer » Sun Jul 10, 2005 5:35 pm

Maskedmechanic wrote:Wait a minute. Am I disabled because I can't see without my eye glasses? Should you pay to support me? I think not.
You wait a minute, Maskedmechanic! I think I resent your implication.

First, you're right, there are many (I don't know if it's a million or not. Where did you get that number?) out there successfully treating OSA with CPAP therapy, but there are also many out there (could it also be a million? Or more?) who've not been successful with CPAP therapy & still suffer from OSA. There are also many sleep disorders that CPAP therapy doesn't address. All you have to do is read some of the posts on this forum to get a clue that CPAP isn't always the panacea we all hope for, plus understand that many OSA sufferers are also plagued with other even more serious health issues.

But secondly, SSD isn't a welfare system, nor supposedly is Social Security itself. SSD is an insurance policy you (& your employers) have been paying premiums on for your whole working life. I'll have to live a lot longer than I expect to in order to get back what I (& my employers) have invested. It's been said that politically, I'm somewhere to the right of Attila The Hun, so when my physician, a fellow conservative, suggested I file for disability, I told him I just didn't think I could do that. His response was: "What the Hell's wrong with you? Social Security and the private LTD policies you have aren't welfare, they're insurance you've been paying premiums on for years!" He not only pushed me to file for SSD along with 2 private policies I'd had for many years, I'm sure he was instrumental in my success getting benefits.

If you read my earlier post on this topic, you'll know I have a whole menu of health issues in addition to OSA, and SSD finally ruled in my favor, not because of the OSA, but due to what I consider the least disabling of all the conditions. In another post on this thread, I also made it as clear as I know how that I would gladly trade all the disability benefits I'm getting to be able to back to work. Or breathe normally. Or play tennis again. Or scuba dive again. Or hike the Grand Canyon again. Or run & play with my grandkids. Or, or, or...

I don't know specifically all of FairSpirit's medical conditions, what pain she's in, how disabled she really is, or any of the other myriad details of her situation. I'm sure you don't either. So for you to equate her condition to your needing glasses just strikes me as incredibly judgemental and completely unfair.

“The best cure for insomnia is to get a lot of sleep.â€