• Sleep Apnea & Long Term Disability Insurance Claim Tips

Sleep Apnea Disability Insurance Benefits Claim

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.


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

Cases & Claim Tips (20)

Comments (4)

  • Brian,

    Yes, but all cases are fact specific. Please feel free to contact our office for a review of your policies and a free consultation as to how we can assist you in filing for benefits under same.

    Stephen Jessup Oct 5, 2015  #4

  • I am a physician with sleep apnea. I had maxillary mandibular surgery 5 years ago but it is started to relapse. My AHI may not be as high as others without surgery but objective measures of sleep apnea do not correlate with day time symptoms. Have you had success with people who have had a lower objective score but severe daytime drowsiness ?

    Brian Oct 4, 2015  #3

  • Joseph,

    First and foremost, thank you for your service. You will need to discuss your options with an attorney that handles VA based disability claims. Our office handles claims for disability insurance benefits with private disability companies.

    Stephen Jessup Nov 27, 2014  #2

  • I am Active Duty now in the Army National Guard. I have been diagnosed with obstructive sleep apnea on Sept. of 2013. Can I claim my disability now from the VA Office? I have around 8 years more ’till I retire. Just want to know if I just make the claim now. Reason is, I am hearing they are trying to do away with sleep apnea claims and if they are going to reduce the claim. Right now a soldier can receive 50% for compensation from the VA if approved. Please advise.

    Jjjoseph B. Salas Nov 26, 2014  #1

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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 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 telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. 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 attorney. We can be reached at 800-682-8331 or by email. Lawyer 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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I personally got an LTD claim overturned; however, that took months, 6 and 1/2, and a lot of financial help from family. As soon as I turned to Dell & Schaefer, which I did extensive research, I was put in touch with Stephen Jessup and Gregory Dell. If you are looking at this page, you know, how hard it is to manage your health, doctor appointments, and just everyday life. I knew after I won that appeal I only had time to fight for my health and family.

Dell & Schaefer takes care of all interactions with the insurance company, and I get a monthly check, which I paid into, but it is no longer me taking on the insurance, I know I have the right team fighting for me and my family. Thank you for all you do Dell & Schaefer, and for making it be easy on me. I recommend your attorneys because they have done right by me. I am only one person; however, if I so much as send an email, or call I have a reply within a few hours. I feel like I have kept my identity with the law firm. I’m known as Bonnie and I am treated as an individual, as you should be.

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