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For Lawyers: Is sleep apnea considered a disability?

4 Views | 16 Replies | Last: 7 yr ago by Pepper Brooks
Amarillo Slim
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AG
Person i know has it and affecting their performance at work? Now they are on pip after 30+ years. Want to help but dont know the law.
Marauder Blue 6
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AG
No. How are they treating it?
HollywoodBQ
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If they've had it for 30 years and it's never affected them before, why now?

What sort of work? One where falling asleep at the wheel would be catastrophic?
Amarillo Slim
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Diagnosed about 6 years ago i think. Just became aware of it. Inability to focus, not falling asleep.
histag10
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Isn't sleep apnea where you randomly stop and start breathing while sleeping? Does he have a cpap?

I guess I don't see how this would really affect him at work if he is being treated for it...
mm98
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That's correct. Your airway closes during sleep causing brief moments of chocking.

CPAP changed my life.

histag10
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mm98 said:

That's correct. Your airway closes during sleep causing brief moments of chocking.

CPAP changed my life.




So as someone with sleep apnea, do you see a reasonable explanation why having it would affect your focus at work?
E
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AG
My coworker constantly would fall asleep at work (in his cubicle and during meetings/presentations) and he blamed sleep apnea. He was fired for other reasons but this didn't help his cause and made his firing easier.
mm98
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Depends. I'd lean towards "no". Even wearing one of those inexpensive mouth guards can help a little keeping the airway open. I've snored terribly and was a late riser from a young teenager...could sleep 12 hours and not feel rested. Not overweight. Wasn't diagnosed until I was 38. And I've managed just fine those 26 years in between.

Now I will say if this person is older (I'm guessing so if he's worked there 30 yrs) sleep apnea can cause other health complications to be more severe. High blood pressure, for example. But nothing like that was mentioned by the OP.

Amarillo Slim
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Interesting feedback thanks. Gives me some insight how to proceed.
TRM
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I have sleep apnea and before I was diagnosed, I'd wake up with headaches that'd last all day long, I was constantly tired, and I wouldn't say I lost my focus, but my focus didn't last as long as it could. Even with a CPAP, I will wake up with headaches, very rarely, but it happens. If he's not maintaining his CPAP or adjusting his pressure every few years then he could be having the same trouble as before.
SwissAgg
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I have sleep apnea, and it can be part
Of ADA depending on severity. CPAP
Is not an answer for everyone. It is very
Hard to treat.
SwissAgg
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histag10 said:

mm98 said:

That's correct. Your airway closes during sleep causing brief moments of chocking.

CPAP changed my life.




So as someone with sleep apnea, do you see a reasonable explanation why having it would affect your focus at work?


Of course, the person hasn't had any restful sleep. This affects a person's memory which affects focus.
Dr. Horrible
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I have sleep apnea, and it can be rough sometimes, especially if dealing with a changing severity "rating" and going through the adjustment process. Some good articles are available on the google, but looks like it is covered under the ada, but what matters most is what the persons job function is and what reasonable accommodations have been made.
lumac311
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Sort of not getting enough sleep could lead to other health problem which could be a Disability such as diabetes obesity etc.
The Chicken Ranch
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I have a CPAP, and it changes your life. While it may not be the silver bullet, it can be if it is combined with exercise and eating healthier. If you have sleep apnea you should also avoid alcohol for at least a few hours before bedtime.

If this person has sleep apnea and isn't treating it then shame on them. If they are obese, lose the weight and exercise also.

The first step is getting sleep study done and then taking care of it.
BrazosDog02
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AG
He needs to go get tested for ADHD. Or...just find a doctor to prescribe something like Adderall. It will have the opposite effect on ability to sleep but he will be alert and focused like crazy. I wish I had played my ADHD card instead of being stubborn when I was working....may have saved me a layoff. Everyone has something, and if he can get it on paper, that would be better.
Pepper Brooks
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It sounds like a cop out to me. They should try the SnoreRX product that is being marketed on my screen next to this thread.
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