Sleep Apnea and Social Security Disability

Sleep Apnea is a condition characterized by periods of complete inability to control respiratory muscles while sleeping. This inhibits the ability to breathe. Sleep apnea can occur due to a rare disconnect between the muscles and the brain, or due to an obstruction of the windpipe during sleep.

Symptoms of sleep apnea include:

  • Sleepiness or low energy
  • Trouble sleeping
  • Recurrent awakenings throughout the night
  • Sore throat upon waking
  • Sleepiness while driving
  • Loud snoring
  • Forgetfulness or change in mood

Applying for Social Security Disability with Sleep Apnea

Living with severe sleep apnea can be quite difficult. Because sleep apnea can affect both your sleep and your breathing, it can lead to serious health problems. Not only can this condition cause you to feel a lack of energy after a poor night’s sleep, but it can also lead to cognitive impairment and put you at a higher risk of developing serious heart conditions. In order to receive financial assistance through Social Security Disability, you must be able to prove that your condition is severe enough to keep you from working. While this can be difficult, it is possible to qualify for disability benefits with sleep apnea.

SSD Approval Requirements for Sleep Apnea

In the Social Security Disability Blue Book, sleep related disorders are evaluated under chronic Cor Pulmonale or organic mental disorders. If you are considering filing for Social Security Disability benefits, consider the following:

Cor Pulmonale – Sleep apnea can cause an enlarged right heart ventricle due to hypertension in the pulmonary veins. To qualify under this requirement, you must demonstrate that your sleep apnea has caused:

-OR-

  • Oxygen levels in your blood reach levels at or below the values listed by the SSA as chronic pulmonary insufficiency

-OR-

Cognitive Impairment – Sleep apnea can affect your mood, intellectual ability, and memory. You may qualify for disability benefits if you have suffered from any of the following:

  • A loss of 15 or more I.Q. points
  • Emotional instability
  • Mood changes
  • Memory problems
  • Personality changes
  • Cognitive disturbances (delusions or hallucinations)

Medical Documentation

When applying for SSD on the grounds of Cor Pulmonale, you will need to provide lab results and any other documentation of your pulmonary function testing. If you are applying because of cognitive impairment, you will need to prove the severity of your condition by providing:

  • Medical history
  • Summary of any treatments
  • Letters from physicians
  • Any further documentation illustrating your condition and response to treatments

Hiring Representation for Your Social Security Disability Case

Receiving SSD to assist with sleep apnea can be somewhat difficult because you must prove that your condition is causing complications that inhibit you from working. In order to access the assistance you need, it is wise to enlist the help of a qualified and experienced Social Security Disability Attorney. They will understand all of the requirements and ensure that you submit a complete and accurate application.

How to Fill out Form SSA-545

The PASS (Plan for Achieving Self Support) program was designed to help people who are receiving SSI to become self-supporting. The PASS program allows SSI/SSDI recipients who want to work towards self-sufficiency to bypass some of the financial requirements of Social Security disability. For example, enrolling in the PASS program allows you to save money to start a business or go to school or to have possessions necessary to operating a business, even if their value would otherwise disqualify you for SSI.

How to Fill out form SSA-3368

SSA-3368 is the basic form all Social Security disability claimants must fill out to apply for Social Security disability benefits. You may fill it out yourself or, if it makes you feel more comfortable, you may have a Social Security Disability attorney or advocate help you fill it out.

Bear in mind that filling out form SSA-3368 is only the first step in claiming disability benefits. After you have submitted this form, you will generally have to wait several weeks before the SSA responds to your claim. If your claim is denied, the SSA will let you know and provide you with information on the appeal process.

Obviously, it is ideal to have your disability claim approved when you first put it through. Mistakes on form SSA-3368 can delay the approval of your benefits, or even lead to a denial of benefits. Most claimants would benefit from the help and advice of an experienced Social Security disability lawyer when filling this form out.

The first section of form SSA-3368 asks for general information. Simply provide the required information and double check to make sure that it is accurate.

The second section requires that you provide contact information for someone who is familiar with your disabling condition. This can be a friend, relative, coworker, or anyone else who can attest to your disability. Please do not list your current medical doctor in this section, you will be asked for his or her information later on. Also, be sure to prepare the people that you have listed on this form so that they will be expecting a call from the SSA.

In section three, you will list all medical conditions which affect your ability to work. Do not limit yourself to the condition which you are filing. List every medical, mental, emotional, learning and health condition that you have separately. List them whether you have been seen by a medical professional or not. Don’t leave anything out. Often, a person who would not qualify for disability benefits based on their main disabling condition will qualify based on the total effects of all of their conditions.

Section four contains some simple yes or no questions regarding work activity. Make sure to answer honestly and to include the applicable dates when they are requested.

Section five asks for education history. Make sure all questions are answered honestly. Include all applicable information, but don’t overstate anything. The more training and education you have had, the harder it can be in some instances to qualify for Social Security disability benefits.

In section six, you will need to give your job history for the past fifteen years. Be sure to fill this out completely and don’t skip any jobs you have held. Use additional paper if you need to. This information is used by the SSA to determine what kinds of jobs you may be qualified to do and whether you are capable of returning to any kind of work with which you have experience. If you’ve only had one job in the last fifteen years, fill out the following questions. If you have had more than one job, skip the rest of the section and move on to Section 7. Generally, the SSA will contact you for further information on your job responsibilities if you’ve had more than one job.

Section 7 deals with the medications you are taking. List all medications—prescription or non-prescription, that you take on a regular basis. Include all information including dosages, frequency, and the name of the physician who prescribed you the medication.

Section 8 inquires about your medical treatment. You may wish to contact your doctors’ offices for pertinent information or dates regarding your treatment. Fill out or check every treatment which you have undergone, whether it relates directly to your disability or not.
If anyone other than your main health care provider has medical information regarding your condition, fill out Section 9. If not, simply check the “no” box in the section.

Leave Section 10 alone unless you are already collecting SSI. If you are currently collecting SSI, you will need to answer the questions regarding self-support programs like Ticket to Work.

Section 11 gives you an opportunity to provide any other important information that you feel may not have been covered in the other sections of this form. Make use of this space to give the SSA a complete description of your disabling condition.

How to Fill out Form SSA-1365

Many people who receive Social Security Disability benefits want to return to work. In the past, the draconian process it takes to start receiving Social Security disability benefits kept people on disability from even trying to go back to work. After all, no one wants to lose their benefits and have to go through the whole process again.

How to Fill out Form SSA-789

If you depend on Supplemental Security Income, there’s nothing scarier than receiving a notice that your benefits are going to be terminated. Notice often comes following a Continuing Disability Review. Fortunately, you have a right to appeal the decision by filing SSA form SSA-789.

You will want to file form SSA-789 as soon as possible after receiving notice your SSI benefits will be discontinued. If you file within ten days of receiving notice, it is possible to continue receiving benefits while the case is being reviewed. If your request for re-determination is filed more than 60 days after receiving notice of discontinuation, you will have to provide an acceptable explanation as to why you did not file sooner.

The form is not difficult to fill out, but it is important that you fill it out completely and accurately. You will also want to include any additional information which the SSA may not have considered. This includes any changes in the status of your disabling conditions.
The top of form SSA-789 is dedicated to basic personal information such as your name and Social Security number. If you are filing for SSI, you will also be required to include your spouse’s information.

The next portion of form SSA-789 allows you to explain why you disagree with the determination to stop your SSI benefits. You will want to include all information regarding on conditions that prohibit you from maintaining employment. If you are filing the form 65 days after the date on the form, you will also need to include the date you received the notice and the reason why you are filing late.

The following portion gives you space to include additional information. Include information that supports your inability to resume working. If you are not sure what to include, consider consulting a Social Security lawyer for help.

You will need to indicate whether you want to have an actual hearing or just reconsideration. In most cases, it is to your advantage to have a face to face hearing. If English is not your primary language, you should also check the box indicating that you need an interpreter. You are entitled to an interpreter at no cost in whichever language you are most comfortable speaking.

Finally, make sure to sign and date form SSA-789. Fill out all personal and contact information correctly and in its entirety to ensure that the SSA can reach you to schedule a hearing or inform you of any decisions regarding your claim.

How to Fill out Form HA-4633

After being denied Social Security Disability (SSD) benefits, you’ll need to request an appeal. Following your formal request for an appeal, you will be required complete a number of forms, including the HA-4633.

The HA-4633 is the “Claimant’s Work Background” form, to complete it you will need to detail your previous employment, dating back 15 years. Although you’ve already given the SSA this information at least once, you must still fill out the entire HA-4633 form prior to your appeal hearing.

How to Fill out Form HA-4632

If you have been denied Social Security Disability (SSD) benefits and need to request an appeal hearing, you will be required to complete a number of forms. Among these is the “Claimant’s Medications” form, also known as form HA-4632

This form requires that you list all of the prescription and non-prescription drugs you take. If you have already provided this information to the Social Security Administration (SSA) throughout the application and review process, you are still required to complete form HA-4632 in its entirety.

How to Fill out Form HA-4608

The Social Security Administration’s (SSA) form HA-4608 is a waiver that is required for those who request an appeal on a Social Security Disability (SSD) determination but cannot appear in person at an appeal hearing.

The actual title of form HA-408 is “Waiver of Your Right to Person Appearance before an Administrative Law Judge ”, and is only required for applicants that are unable to attend their SSD appeal hearing in person.