SLEEP DISORDERS AND DISABILITY

Many of my clients who file for Social Security disability have severe sleep disorders.  The question is, do these sleep problems equate to disability?

The answer is, how do the sleep problems restrict the ability to perform full-time work?  What are the symptoms?  How frequent and how severe are the symptoms.

Symptoms of insomnia, obstructive sleep apnea, narcolepsy or other sleep disorders often include:

• excessive daytime sleepiness
• fatigue
• loss of memory
• lack of concentration, persistence and pace
• irritability - unable to get along with supervisors, co-workers or customers at work

If the medical record indicates treatment for these symptoms which has failed, then a finding of disability may be appropriate.  For example, if a person has obstructive sleep apnea which can be corrected by using a CPAP machine, then it is not disabling.  If a CPAP has been tried and failed to fix the problem, then we have valid medical problems that may help us win disability.

Usually, a claimant with sleep issues will also have other problems.  For instance, a person may have back problems, diabetes or a psychiatric problem, plus sleep problems.  All of these problems may combine to make him or her disabled.

The longer I practice the more I realize that just being diagnosed with a particular disease will not win benefits (unless, of course, it is a terminal or catastrophic illness).  It is the combined affects of all the claimant's symptoms that usually win disability benefits. 

The bottom line for any impairment is:  How does it keep you from working?