Collecting Sleep Apnea Disability Benefits Is A Reality

Disability insurance carriers often claim sleep apnea is not disabling. How Can Disability Insurance Attorneys Dell & Schaefer Assist You?

As disability attorneys, Dell & Schaefer have represented long term disability claimants that have been unable to work as a result of sleep apnea. Disability Attorneys Dell & Schaefer have an expansive understanding of the significant restrictions and limitations that a person suffering with sleep apnea must live with on a daily basis. We have worked closely with top physicians in order to sufficiently satisfy a disability carrier’s threshold of evidence necessary to prove that a client is disabled by sleep apnea.

Not everyone suffering from sleep apnea qualifies for long-term disability benefits, therefore the medical records of each client must be reviewed to determine the level of restrictions. We welcome the opportunity to discuss your long-term disability claim. You can contact us for a free initial consultation.

What is sleep apnea?

Sleep apnea is a sleep disorder in which breathing repeatedly stops and starts. An apnea is defined as a period of time during which breathing is stopped or reduced. The severity of sleep apnea is calculated by dividing the number of apneas by the number of hours of sleep, giving an apnea index. The greater the apnea index the more severe the apnea.

Sleep apnea occurs in two main types, obstructive sleep apnea, the most common form, and central sleep apnea. People who have a combination of both obstructive and central sleep apnea have what is known as complex sleep apnea.

sleep apnea disability claim

Obstructive sleep apnea occurs when the muscles in the back of your throat relax. These muscles support the soft palate, the triangular piece of tissue hanging from the soft palate (uvula), the tonsils and the tongue.

When the muscles relax, your airway narrows or closes as you breathe in, and breathing briefly stops, which lowers the level of oxygen in your blood. Your brain senses this inability to breathe and will briefly awaken you from sleep so that you can reopen your airway. This awakening is usually so brief that most people cannot remember wakening at all.

Sometimes a person will awaken with a momentary shortness of breath that corrects itself within one or two deep breaths, although this is unusual. You may make a snorting, choking or gasping sound. This pattern can repeat itself anywhere from 5 to 30 times or more each hour, throughout the night. However, most people with obstructive sleep apnea are not aware their sleep was interrupted at all.

The risk factors for obstructive sleep apnea include excess weight, a thick neck circumference, high blood pressure, a narrowed airway, being male, being aged over 65, having a family history of sleep apnea, the use of sedatives, tranquilizers or alcohol and smoking.

Central sleep apnea, which is far less common than obstructive sleep apnea, occurs when your brain fails to transmit signals to your breathing muscles. You may awaken with shortness of breath or have a difficult time getting or staying asleep. Like obstructive sleep apnea, snoring and daytime sleepiness can occur. The most common cause of central sleep apnea is heart disease, and less commonly, stroke. People with central sleep apnea may be more likely to remember being awake than people with obstructive sleep apnea are.

You may be at a greater risk for central sleep apnea if you are male, have a heart disorder such as atrial fibrillation or congestive heart failure or have suffered a stoke or brain tumor.

sleep apnea disability benefits claim

People with complex sleep apnea have upper airway obstruction just like those with obstructive sleep apnea, but they also have a problem with the rhythm of breathing and occasional lapses of breathing effort.

The same risk factors for obstructive sleep apnea are also risk factors for complex sleep apnea. Complex sleep apnea may be more common in people who have heart disorders.

How the symptoms of sleep apnea can affect you

The signs and symptoms of obstructive and central sleep apneas overlap, sometimes making the type of sleep apnea more difficult to determine. The most common signs and symptoms of obstructive and central sleep apneas include: hypersomnia (excessive daytime sleepiness), loud snoring, observed breathing cessation, abrupt awakenings accompanied by shortness of breath, awakening with a dry mouth or sore throat, morning headache and insomnia (difficulty staying asleep).

Complications of sleep apnea may include cardiovascular problems as sudden drops in blood oxygen levels that occur during sleep apnea increase blood pressure and strain the cardiovascular system.

If you have obstructive sleep apnea, your risk of high blood pressure (hypertension) increases 2-3 times. If a person suffers an underlying heart disease, these multiple episodes of low blood oxygen can lead to sudden death from a cardiac event. Obstructive sleep apnea also increases the risk of stroke, regardless of whether you have high blood pressure.

The repeated awakenings associated with sleep apnea make normal, restorative sleep impossible. People with sleep apnea often experience severe daytime drowsiness, fatigue and irritability. People with sleep apnea may also complain of having memory problems, mood swings or feelings of depression. They may have an increased need to urinate at night (nocturia), or suffer impotence. Gastroesophageal reflux disease (GERD) may be more common in people with sleep apnea.

For milder cases of sleep apnea lifestyle changes such as losing weight or quitting smoking are recommended. If your sleep apnea is more severe treatments may include sleeping devices such as a CPAP (continuous positive airway pressure) machine, or a BiPAP (bilevel positive airway pressure) device. Another option may be to wear an oral appliance designed to keep your throat open.

Surgical options for sleep apnea may include uvulopalatopharyngoplasty (UPPP), maxillomandibular advancenment and tracheostomy. The goal of surgery for sleep apnea is to remove excess tissue from your nose or throat that may be vibrating and causing you to snore, or that may be blocking your upper air passages and causing sleep apnea.

Other types of surgery may help reduce snoring and contribute to the treatment of sleep apnea by clearing or enlarging air passages, including nasal surgery to remove polyps, straighten a deviated septum, and remove an enlarged tonsils or adenoids.

Resources

There are many valuable sources of sleep apnea information available. You can also access resources over the internet such as:

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(653)
Showing 8 of 653 Reviews
New York Life

New York Life is a joke!

Reviewed by Heather on October 3rd 2024   Verified Policyholder | August 2024 date of disability
This company sucks when it comes to disability claims. They are slow at processing stuff, then they always say they didn't recieve the doctors information. You spend your ... read more >
MetLife

They FULL OF ****

Reviewed by KM on October 3rd 2024   Verified Policyholder | August 2024 date of disability
MetLife is what everyone on this review are saying. They don't contact you to let you know what's going on with your claim or to let know you need additional info. I had a... read more >
Sedgwick

Worst Company Ever

Reviewed by RobRob on September 23rd 2024   Verified Policyholder | August 2024 date of disability
If something happens to you at work you better hope you die, my son is going through HELL because this company is handling his work comp. NO RETURN PHONE CALLS, TEXTS, EMA... read more >
MetLife

MetLife for disability? Avoid the surgery unless it's life-threatening

Reviewed by Jeff on August 22nd 2024   Verified Policyholder | August 2024 date of disability
The worst company I ever dealt with, never received a call from my claim manager.
Reliance Standard

Short Term Disability Claim/Inconsistent to NO Communication

Reviewed by GaKRN on August 22nd 2024   Verified Policyholder | June 2024 date of disability
When I did call & reach a live person they were kind & helpful. The person assigned to my claim left one phone message & I have not spoken to her since. Information she re... read more >
Unum

Unum Closed My Case Today

Reviewed by Scott C. on July 5th 2024   Verified Policyholder | March 2023 date of disability
Unum will keep you around, if they pay you 100 a month. But as soon as have to pay more than 2700 a month, they will drop you. We will be going to the attorneys office fir... read more >
Hartford

Ran me Around for Months

Reviewed by David on July 5th 2024   Verified Policyholder | January 2024 date of disability
Scammers. Immoral horrible people.
Reply
Sent on July 5th 2024 by Attorney Gregory Dell

David:

It’s horrible that Hartford did that to you.

Prudential

Denied but Not Denied but I am Denied

Reviewed by KDDK on July 5th 2024   Verified Policyholder | August 2022 date of disability
I went out in Aug. 2022 for neck pain. After seeing a neurologist I had to get an ACDF C5-7, it was also determined I had carpal tunnel in my right hand and bulging disk i... read more >
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Our goal is to get your application for disability income benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.

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Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our attorneys for a free immediate review of your disability denial.

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98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability insurance attorneys have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the "little guy" against the multi-billion dollar insurance company giants.

We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

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Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.

Our disability insurance law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

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Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our disability insurance lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

In more than 98% of our cases, our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We offer disability insurance attorney representation nationwide and we welcome you to contact any of our lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 850 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability insurance lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via phone, email, fax, or video conferencing sessions. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

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