"please keep me updated about oximeters "
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ADA Claim-Sleep Apnea
Member's question re filing ADA claim:
I was diagnosed of having sleep apnea. I've been wearing a CPAP for almost two years now but it seems I still have the symptoms: early morning headaches, fatigued, sleepiness, forgetfulness and trouble concentrating. Recently, I was moved to a new unit where I have to re-learn new stuff and my errors rates has increased. I was having problems comprehending and forgetting details. I was talked to at work by my supervisor and Manager that I will subjected to a disciplinary action or possible dismissal due to my poor work performance as I do not meet their standards. Somebody suggested to file an ADA claim due to my medical condition. I went to see my doctor as I am getting so stressed, my blood pressure goes up, and would have anxiety attacks because of this. My doctor doesn't think that it is caused by sleep apnea but a work adjustment issue. But I know what my body is telling me. To file an ADA claim, I need a medical verification that I am being treated of having sleep apnea but my doctor said that she cannot help me on this. What should I do?
Views: 221
Replies to This Discussion
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Permalink Reply by Mary Z on
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Will the doctor allow you to have another sleep test? If this is not a sleep doc, can you go to one? I think you have a legitimate claim, but how are your numbers everyday? These symptoms alone indicate a problem Certainly work place adjustment can be affected by sleep apnea.
If this is a sleep doc, with your symptoms I don't understand why she cannot work with you.
Good luck and keep us posted.
Mary Z.
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Permalink Reply by Banyon on
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ADA, title I, Employment, says, "To be a qualified individual, the employee must be able to perform the essential functions of the position either unaided or with reasonable accommodation."
From what is written, it sounds like this person was unable to perform the job satisfactorily. (" .... my errors rates has increased .... I was having problems comprehending and forgetting details.")
Here is information on filing a complaint:
Complaints about violations of title I (employment) by units of State and local government or by private employers should be filed with the Equal Employment Opportunity Commission. Call 800 - 669 - 4000 800 - 669 - 4000 (voice) or 800 - 669 - 6820 800 - 669 - 6820 (TTY) to reach the field office in your area.
http://www.ada.gov/infoline.htm
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Permalink Reply by Mark Douglas on
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Hang in there!
Oh I do hate to disagree with a doctor, but there is NO QUESTION that your health can profoundly impact your mental clairty, fatigue, and ability to get work done. And that may or may not be a "sleep apnea:" issue, but almost certainly it's a health related issue.
You can't just put on a CPAP and hope for the best. I made that same mistake -- now I realize you need to be aggressive and ask questions and demand answers. Keep asking questions and making adjustments until you have overcome those horrible symptoms of fatigue, forgetfullness, ect.
Here are things I would do
1) make sure your oxygen is at healthy levels overnight. Oxygen levels play a HUGE role in mental clarity, fatigue, and short term memory. Probably nothing else impacts your memory and mental clarity as much.
I would immediately have an oximeter test overnight while using your CPAP of course. .You can get an oximeter from your sleep doctor, or even a regular doctor can get you one or tell you who can. Don't delay or wait for complete sleep study to learn that much, do that ASAP. If your sleep doctor says "wait for the sleep study for that oxygen test" tell him -- no, you wait. I want the overnight oximeter test now. Its easy, you do it at home, it's a clip on your finger. You can buy your OWN recording oximeter if you had to.
2) Make sure your CPAP is working. If your machine is a data machine, what are your numbers? How is your AHI and your leaks? Its possible your machine is defective -- mine was. Your sleep clinic should be able to test it -- and test you to make sure it's working as it should.
3) What other health issues? Heart issues? Heart or lungs greatly impact your oxygen overnight. Inflammation is a huge issue and getting bigger.
I just read (okay skimmed) The Anti Inflammation Zone --by Barry Sears. My neighbor swears by it, and insist she has been helped greatly in her mental clarity by fish oil and changing her diet. She was so positive about it, Im getting my fish oil from her chiropractor.
In other words, you can hit this on all fronts. By diet, exercise, suppliments, CPAP check up, overnight oxygen test, sleep study, even a complete phsycial at the doctor's. I would be stunned if your fatigue, and memory issues are NOT health related, but I'd try to get rid of those symptoms by finding a remedy for them. I wouldnt depend on a doctor or lawyer to help me file for ADA, I'd want those symptoms gone ASAP.
ANd its possible that you CAN clear up those symptoms to an important extent by good restorative sleep, diet, exercise, whatever. I got my energy back, its 10x what it was -- partly, I think, because of effective CPAP -- and my exercise. But I had other issues too.
Finally, your doctor may suggest RX like Provigil too. My sleep doctor has taken Provigil for 9 years. My insurance company wont pay for it unless you use CPAP and are still exausted, which you are. But it also helps with clarity of thought, fatigue, sleepiness. But Provigil has it's own set of problems, but if its a choice between losing a job and taking that, I'd take it.
Good luck.
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