Is Sleep Apnea a disability?

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
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Madalot
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Re: Is Sleep Apnea a disability?

Post by Madalot » Thu Oct 07, 2010 7:22 am

snuginarug wrote:
mattman wrote:Considering how easy it is to treat sleep apnea and the fact that, with said treatment pretty much all symptoms go away, I would never call this a disability.

To me, a disability is something that cannot be made to go away. Being paralyzed is a disability.
Although I agree that OSA that is treated is not a disability, I do have to weigh in on the definition of disability. A person can be disabled for a time, receive a new treatment or succeed with an ongoing treatment, and then be able to work and enjoy an unhampered life. My definition of what is and what is not a disability is based on the ADA definition. By that definition, it is possible to be disabled at one point and get better at another. Also, being paralyzed or needing a wheel chair... these are not the only disabilities that "count." There are lots of invisible disabilities.
When I read the original post, I was thinking along the lines of what the Social Security Administration considers disabled, not ADA. And it does depend on WHY the question was being asked as to which definition should be utilized.

The Social Security Administration does NOT consider a person disabled if there is a possibility of improvement or the disability could be considered temporary. A person that is disabled has to be able to prove, with sound medical documentation, that they have exhausted any available treatments and not improved OR that their condition is permanent with no possible treatment to alleviate the symptoms that are causing the disability.

And let me tell you -- even if you have something that by all SSA definitions IS a disability, it's still an uphill struggle to get disability.

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snuginarug
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Re: Is Sleep Apnea a disability?

Post by snuginarug » Thu Oct 07, 2010 8:45 am

Madalot wrote:
snuginarug wrote:
mattman wrote:Considering how easy it is to treat sleep apnea and the fact that, with said treatment pretty much all symptoms go away, I would never call this a disability.

To me, a disability is something that cannot be made to go away. Being paralyzed is a disability.
Although I agree that OSA that is treated is not a disability, I do have to weigh in on the definition of disability. A person can be disabled for a time, receive a new treatment or succeed with an ongoing treatment, and then be able to work and enjoy an unhampered life. My definition of what is and what is not a disability is based on the ADA definition. By that definition, it is possible to be disabled at one point and get better at another. Also, being paralyzed or needing a wheel chair... these are not the only disabilities that "count." There are lots of invisible disabilities.
When I read the original post, I was thinking along the lines of what the Social Security Administration considers disabled, not ADA. And it does depend on WHY the question was being asked as to which definition should be utilized.

The Social Security Administration does NOT consider a person disabled if there is a possibility of improvement or the disability could be considered temporary. A person that is disabled has to be able to prove, with sound medical documentation, that they have exhausted any available treatments and not improved OR that their condition is permanent with no possible treatment to alleviate the symptoms that are causing the disability.

And let me tell you -- even if you have something that by all SSA definitions IS a disability, it's still an uphill struggle to get disability.
Well, I have a disability. I receive SSA benefits. To get my benefits, I had to prove that my disability would last more than a year. I am re-evaluated periodically, to determine if I am still disabled. So unless they have changed things drastically in the last eight years, you do not have to prove that the disability will be life long. I got many many letters and they all were the same... if the disability will last more than a year was their requirement.

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snuginarug
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Re: Is Sleep Apnea a disability?

Post by snuginarug » Thu Oct 07, 2010 8:51 am

I double checked just to make sure things had not changed, and they have not changed.

"The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s); and
Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments"

You can view this for yourself at: http://www.ssa.gov/dibplan/dqualify4.htm

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Madalot
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Re: Is Sleep Apnea a disability?

Post by Madalot » Thu Oct 07, 2010 10:58 am

I stand corrected.

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JanHT

Re: Is Sleep Apnea a disability?

Post by JanHT » Mon May 23, 2011 11:49 am

Guest wrote:If you are speaking of the military it is considered a disability because you are a liability in combat. You will be discharged from the military and given an additional 50% pay. I have many patients that come into the sleep lab that are military and hope to have sleep apnea so they can be discharged and increase their pay. It is not considered a disability for any civilians.
That's not entirely true. The 50% disability pay is only for people who require a tracheotomy for their sleep apnea. Very few people qualify for that percentage of disability and no one hopes to have sleep apnea. Otherwise, sleep apnea is a compensated condition that is assigned a 20% rating.

Furthermore, the soldiers who receive that 20% rating for sleep apnea do not receive an additional 20% pay for retirement purposes. It just means that 20% of their retirement is not taxed. Retirement pay is calculated on the base pay of the soldier and does not include the other benefits such as housing that form part of military compensation.

If a soldier does not retire from the military, the 20% may be awarded, but the soldier has to have his/her records reviewed by a military board to determine if the sleep apnea is service-connected and if the military should provide disability compensation for the condition. You are not automatically discharged from the military due to sleep apnea. Even the military attempts to make accomodations for the condition.

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Re: Is Sleep Apnea a disability?

Post by Clindell » Wed Dec 05, 2012 11:27 pm

I know this is late in this discussion however I need to throw these ideas in the ring. Not everyone with OSA enjoys compliance and can tolerate CPAP, I don't. I do get some rest and feel better with CPAP than I do without it. Without CPAP I struggle to function normally. I recently discovered this when we lost power at home during a large rain storm which blew a transformer in my neighborhood. With CPAP I wake up 6-8 time a night to reposition myself and resupport my mask. I have tried other apparatus such as nasal pillows which cause me to loose feeling at my nostrils and don't notice a drippy nose, not good in a hospital environment!

Perhaps sufferers of OSA in some cases are being discriminated. How might that be? Can you go camping at a campground that has limited amounts of handicapped camping with power to supply your CPAP machine? You can only get the site if you have a recognized disability. People without sleeping/breathing disorders can camp in the county campground as can those with disabled placards and stay overnight with power for their needs. If you have OSA you cannot use the handicap site and cannot use a regular site since you have no way to power your CPAP machine. I feel that I am being discriminated and cannot enjoy the park as others do.

cosmo
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Re: Is Sleep Apnea a disability?

Post by cosmo » Wed Dec 05, 2012 11:53 pm

Does it mean I can get one of these

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RogerSC
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Re: Is Sleep Apnea a disability?

Post by RogerSC » Thu Dec 06, 2012 1:40 am

Disability or not, last time I tried to get term life insurance and made the mistake of mentioning that I was being treated for sleep apnea (in the interest of full disclosure), it just about doubled what I would have had to pay without it.

Bummer.
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archangle
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Re: Is Sleep Apnea a disability?

Post by archangle » Thu Dec 06, 2012 1:50 am

cosmo wrote:Do it mean I can get one of these
No, but they will take this away from you:

Image

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morrigan
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Re: Is Sleep Apnea a disability?

Post by morrigan » Thu Dec 06, 2012 9:39 am

{QUOTE by RogerSC}

Disability or not, last time I tried to get term life insurance and made the mistake of mentioning that I was being treated for sleep apnea (in the interest of full disclosure), it just about doubled what I would have had to pay without it.

{/QUOTE}


This seems crazy to me. If you are compliant with your treatment, why is OSA considered high risk? Aren't we making an effort to control the risk of the potential heart attack/stroke/high blood pressure by being on cpap? Isn't the higher risk all the untreated people walking around with OSA? Grumble. Grumble.

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Re: Is Sleep Apnea a disability?

Post by chunkyfrog » Thu Dec 06, 2012 10:12 am

If you have apnea, the general assumption is that you are a danger to yourself and others; and it's your own fault.
Ignorance abounds.

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SnorkelPuss
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Re: Is Sleep Apnea a disability?

Post by SnorkelPuss » Thu Dec 06, 2012 1:35 pm

My ahi is consistently 1 or less yet I still feel like crap and on a day like today I am fighting to stAy awAke at my desk. Last week during a meeting I nodded off and my glasses fell off myv head.

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cosmo
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Re: Is Sleep Apnea a disability?

Post by cosmo » Thu Dec 06, 2012 2:09 pm

How many hours of sleep did you get?

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Re: Is Sleep Apnea a disability?

Post by ddk » Thu Dec 06, 2012 2:22 pm

mattman wrote:Woo! I wish. Nah. I mail my card in every 3-6 months and my AHI stays in the 2-5 range overall. Well under anything that I'd consider to be untreated apnea.
Mine hover around the 3-4 mark. Then the other night, for no reason that I can fathom, it shot up to 9 and I felt awful that day.

Then there are days when it's a 2 and yet inexplicably I still feel horrible. Mostly I have good days, but it's entirely unpredictable. And even on the best days, I still have other issues like sore teeth from clenching and sore back from awkward sleep positions due to the mask.

By your logic, someone who can't walk but has a wheelchair is 'being treated'. Having a treatment is great, but it doesn't eliminate the disability. I think the real issue here is that you don't want to think of yourself as having a disability. And yes, I thoroughly believe that sleep apnea is a disability.

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Re: Is Sleep Apnea a disability?

Post by BlackSpinner » Thu Dec 06, 2012 2:59 pm

ddk wrote:
mattman wrote:Woo! I wish. Nah. I mail my card in every 3-6 months and my AHI stays in the 2-5 range overall. Well under anything that I'd consider to be untreated apnea.
Mine hover around the 3-4 mark. Then the other night, for no reason that I can fathom, it shot up to 9 and I felt awful that day.

Then there are days when it's a 2 and yet inexplicably I still feel horrible. Mostly I have good days, but it's entirely unpredictable. And even on the best days, I still have other issues like sore teeth from clenching and sore back from awkward sleep positions due to the mask.

By your logic, someone who can't walk but has a wheelchair is 'being treated'. Having a treatment is great, but it doesn't eliminate the disability. I think the real issue here is that you don't want to think of yourself as having a disability. And yes, I thoroughly believe that sleep apnea is a disability.
I am "being treated" and by that as far as OSA is concerned all my symptoms have disappeared. If yours haven't then you need to get back to your doctors and find out what else is happening. Effectively treated sleep apnea is not a disability. Your sleep apnea may also be being treated effectively but there are other problems that now shine on their own. Xpap treatment is NOT the be all and end all of therapies. Your body may be so damaged by years of low O2 and disturbed sleep that it needs more then simple cpap treatment.

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