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Can You Get Disability For Sleep Apnea?

Published on July 19th, 2024

Sleep apnea is a serious condition that can significantly impact a person’s quality of life and ability to work. Sleep apnea qualifies for disability benefits, but needs significant evidence to prove it.

How Is Sleep Apnea A Disability That Qualifies For Benefits?

Sleep apnea is a disorder characterized by repeated interruptions in breathing during sleep. These interruptions can last from a few seconds to minutes and can occur multiple times an hour. There are three main types of sleep apnea:

Obstructive Sleep Apnea (OSA):

  • The most common form of sleep apnea.
  • Occurs when throat muscles relax excessively, blocking the airway.
  • This can lead to loud snoring, gasping for air, and interrupted sleep.

Central Sleep Apnea (CSA):

  • Occurs when the brain fails to send proper signals to muscles that control breathing.
  • Less common than OSA.
  • Often associated with other conditions like heart failure or stroke.

Complex Sleep Apnea Syndrome:

  • Combination of OSA and CSA.
  • Requires treatment for both forms of sleep apnea.

Sleep apnea can lead to a host of serious health issues, including hypertension, heart disease, diabetes, and depression. Chronic fatigue resulting from interrupted sleep can severely affect daily functioning and work performance. Individuals with severe sleep apnea may struggle to maintain employment due to:

  • Excessive daytime sleepiness.
  • Difficulty concentrating and memory problems.
  • Reduced cognitive function and decision-making ability.
  • Increased risk of workplace accidents.

Qualifying for Disability Benefits:

Your sleep apnea must be severe enough to meet the criteria outlined by the Social Security Administration (SSA). The Social Security Administration (SSA) does not have a dedicated listing for sleep apnea. It can qualify as a symptom of another condition. For instance:

  • Sleep apnea can lead to chronic heart failure. Therefore, your sleep apnea can be considered a symptom of a disabling heart condition.
  • Sleep apnea also causes severe cognitive impairments. Hence, it can be assessed as a symptom of a mental health disorder.

A man with gray hair and a beard sleeps on his side while wearing a CPAP mask.

How To Apply

Applying for disability benefits due to sleep apnea involves several steps and requires thorough documentation of your condition. Here’s a step-by-step guide to help you through the process.

Steps to Apply:

  1. Medical Diagnosis:
    • Obtain a formal diagnosis of sleep apnea from a qualified healthcare provider, typically through a sleep study (polysomnography).
    • Ensure your medical records document the severity and frequency of your sleep apnea episodes.
  2. Comprehensive Medical Records:
    • Collect all relevant medical records. This includes sleep study results, treatment plans, and any other documentation that shows how sleep apnea affects your health.
    • List any other health issues that could get worse because of sleep apnea.
  3. Functional Capacity Evaluation:
    • Obtain a Residual Functional Capacity (RFC) assessment from your healthcare provider. This assessment evaluates how your sleep apnea impacts your ability to perform work-related activities.
  4. Personal Statement:
    • Describe your daily struggles, the severity of your symptoms, and the impact on your ability to work.
    • Include specific examples of incidents or patterns of behavior caused by your condition.
  5. Third-Party Statements:
    • Collect statements from family members, friends, or former employers who can attest to your condition.
  6. Work History Documentation:
    • Provide a detailed history of your work attempts. This includes reasons for leaving jobs and any assistance attempted at the job.
  7. Social Security Forms:
    • Complete all required forms accurately, providing thorough and honest answers about your condition and how it affects your life.

Reasons For A Denial

  • Insufficient medical evidence.
  • Incomplete application forms.
  • Failure to demonstrate how sleep apnea prevents substantial gainful activity.

Steps to File an Appeal

  1. Review the Denial Notice:
    • Carefully read the denial notice to understand the specific reasons your application was rejected.
  2. Gather Additional Evidence:
    • Collect new or additional evidence to strengthen your claim. This might include updated medical records, further detailed assessments, and additional third-party statements.
  3. Review Your Application:
    • Review your initial application to identify any areas that were unclear or incomplete. Make necessary revisions to provide a more comprehensive and compelling case.
  4. Submit a Request for An Appeal:
    • File a formal request for an appeal with the SSA. You must take this step within 60 days after receiving your denial notice.
  5. Consult with an Attorney:
    • Consider consulting with a disability attorney. They can help you navigate the appeals process, gather necessary evidence, and represent your case effectively.
  6. Prepare for a Hearing:
    • If the appeal is denied, you can request a hearing before an administrative law judge. This is your opportunity to present your case in person, and having legal representation can be particularly beneficial.

Seek Legal Support Before Filing Your Claim Or Appeal

Most disability lawyers are only paid after you have been approved. Here’s also why you should seek legal support:

  • Careful Communication
    • Everything you say during the application or appeal process matters. A disability lawyer will be able to speak for you. They can also tell you exactly what to say during exams and reviews.
  • Less Stress On Your Health
    • Stress can make your physical or mental health condition even worse. Minimize how much you’ll need to deviate from your daily routine with a lawyer’s help.
  • Tedious Communication On Your Behalf
    • No one enjoys sitting on the phone for hours on end. Let a disability lawyer handle all follow-up and status communications on your behalf.

If you’re in need of legal assistance as you pursue a disability application for Sleep Apnea, please contact Jeffrey Rabin & Associates. Call (312) 431-1000.

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