Insomnia Disability Insurance Benefits Claim

Insomnia is unfortunately a chronic problem which limits the ability of millions of people each year from performing their jobs with reasonably continuity. Our disability lawyers have represented numerous disability claimants that either have been unable to work or work in a limited capacity (part time) due to suffering from insomnia.

Most of our clients disabled by insomnia often have additional disabling conditions which limit their ability to work. Contact us for a free consultation to discuss your disability claim as a result of insomnia.

Insomnia as a Disabling Condition

insomnia claim disability insurance benefitsInsomnia by itself isn’t usually the primary cause for precluding someone from performing the material duties of his or her occupation.

However, the effects of insomnia play a role in determining a person’s ability to work with reasonable continuity.

Insomnia as a disabling condition often coexists with other disabling conditions such as anxiety and depression, neurologic disease, sleep disorder, pain disorders, respiratory conditions, urinary disorders, and gastrointestinal disorders.

What is Insomnia?

Some people associate insomnia with the inability to fall asleep or staying asleep. While this notion bears credence, a person suffering from insomnia must satisfy three criteria in order to be diagnosed with the clinical definition of insomnia. These criteria are:

  • A complaint of difficulty initiating sleep, difficulty maintaining sleep, or waking up too early. Alternatively, sleep that is chronically non-restorative or poor in quality.
  • The above sleep difficulty occurs despite adequate opportunity and circumstances for sleep.
  • The impaired sleep produces deficits in daytime function.

Insomnia is further defined by the psychophysiological inability to fall asleep and maintain a state of restorative sleep three or more nights per week. Insomnia is neither classified as sleep deprivation nor a short duration of sleep since sleep deprivation is sometimes seen as voluntary and sleeping for a shorter duration doesn’t necessarily mean a person is functionally impaired the next day.

Treating Insomnia

There are two ways to treat insomnia. One way is to self-medicate with over-the-counter sleep aids. Others choose to self-medicate by consuming alcohol before going to bed. This may seem to work at first, but it is not advisable since alcohol can be a contributing factor to insomnia. Self-medication can sometimes lead to substance abuse disorder in some cases, but not in every case. The other way to treat insomnia is under the care of a treating physician who prescribes prescription drugs such as Ambien or Lunesta to help the insomniac fall asleep in order to obtain the restorative sleep that is necessary to carry out activities for daily living without being impaired.

Your treating physician will counsel you on the best course of action to help alleviate the symptoms of insomnia so you can get the restorative sleep you need so you can function the next day.

How Insomnia Affects a Person’s Ability to Function

Persons with insomnia experience many of the following effects:

  • Confusion
  • Anxiety
  • Depression
  • Tension
  • Sleepiness
  • an increased amount of fatigue

Any one or a combination of such effects can have a negative impact on a person’s quality of life and ability to maintain a safe work environment. It goes without saying that a person with chronic insomnia should not be operating heavy machinery or working in an environment in which workplace safety can be compromised due to the effects of insomnia.

If it’s possible that you suffer from insomnia, tell your treating physician about the problems you are having related to your inability to fall asleep and to maintain a state of restorative sleep. That’s because only 30% of patients experiencing problems with insomnia report it to their treating physician.

Therefore, it is important to report the problems that you have with insomnia to your treating physician so that your physician can properly document your insomnia as it relates to the coexisting condition for which you are already being treated.

Keep in mind that not everyone suffering from insomnia qualifies for long-term disability benefits, therefore the medical records of each client must be reviewed to determine the level of restrictions.

Further reading on insomnia

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There are 4 comments so far. Click here to post your comment

Tim:

I have long term disability insurance that I enrolled in 12 years ago, when I began employment with my current company. Within the past 2-3 years I have been diagnosed with chronic degenerative disc disease, fibromyalgia, chronic asthma, chronic insomnia and ankylosing spondylitis. The veterans administration has me rated at 70% disabled. I have not discussed my medical condition with my employer for fear it could lead to my termination. Through the past 12 years, I have been a top performer within the organization, but I don’t want to be considered a liability.

My question is simple, would the diseases diagnosed (for which I receive continuing treatment) considered grounds for long term disability? The symptoms definitely affect my job performance and the side effects of the medications are almost worse than the root problems. My duties require physical dexterity and international travel. I am a senior project manager, but there is an expectation to perform system installation (physically demanding work) in heavy industry.

Your response is much appreciated.

Attorney Greg Dell:

Tim,

In order to properly answer your question we would need to review your disability policy and discuss with you the type of medical support you would have from your treating physicians. We would also need to have a better understanding of your occupational duties. If you contact us, we can arrange a free phone consultation to discuss your options.

You may also find our video about the application process helpful.

Benjamin Johnson:

I have severe insomnia that started 3 years ago, I feel it is a an effect of a severe rollover accident I was in 18 years ago. The reason I feel this way is because my memory was impaired shortly after the accident and has gotten significantly worse over the years. I have been taking Seroquel and Ambien for three years now which helped me to fall asleep, but I never slept for very long, but they quit working about 8 months ago (I have built up a very high tolerance to everything I even took a narcotic that was prescribed to me by a dentist along with Seroquel and Ambien and Methocarbamol in a desperate attempt to get some sleep to no avail) and recently I had a very bad reaction that caused my pulse to shoot up to 200 for which I had to go to emergency room and now I am afraid to take anything, but I can’t sleep at all and if I try to stay up until I hopefully get sleepy I start to feel bad and very flush and my pulse goes up. This has really affected my ability to function at work and has left me depressed to the point that I don’t want to do anything. I can’t afford to do a sleep study which would, I am 100% sure, show my brain not functioning right when it comes to sleep. All I really have is my doctor’s records. What are my options and is it possible to claim a disability?

Attorney Greg Dell:

Benjamin,

You can definitely claim disability for insomnia, but are you seeking SSDI or do you have a disability insurance policy? Either way, you will need a treating physician which will state that you cannot work as a result of your insomnia. You should also consider a neuropsychological examination to determine if you have any cognitive impairment.

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