Sleep Disorder Benefits For Sleep Apnea, Insomnia & Narcolepsy

Applying for disability benefits for sleep disorders such as sleep apnea, insomnia, and narcolepsy might be the only option left for you if your condition is negatively affecting your ability to do your job. You might find it challenging to stay focused throughout the day or wake up in the morning. Some employers understand that sleep disorders are legitimate medical conditions and give their employees nap breaks or more flexible work hours. However, you might not be that fortunate, so it is best to know what benefits are available to you.

Winning disability benefits for any condition is not easy, but it is possible. This article will discuss how you can apply for benefits for sleep disorders in Canada and the tried-and-tested techniques that will increase your chances of success.

Are sleep disorders considered a disability in Canada?

Certainly, sleep disorders are acknowledged by all Canadian disability benefits providers as a qualifying condition for benefits. However, mere diagnosis isn’t sufficient. Providers require evidence that the condition hinders your ability to work. They assess the severity of symptoms, past and planned medical interventions, and your efforts to continue working.

Is sleep apnea a disability in Canada?

Is sleep apnea considered a disability in Canada? Sleep apnea is recognized by all Canadian disability benefits providers as a qualifying condition for benefits. However, simply being diagnosed isn’t enough. Providers need proof that the condition impairs your capacity to work and that you meet all other qualifying criteria.

Keep reading to learn more about how to win sleep apnea disability Canada.

Further reading: is chronic fatigue syndrome a disability in Canada?

Is insomnia a disability in Canada?

Is insomnia a disability? Insomnia is recognized by all disability benefits providers as a qualifying condition for benefits. However, just receiving a diagnosis isn’t sufficient. Providers require evidence that the condition hampers your ability to work. They assess the severity of symptoms, medical interventions, and your efforts to continue working.

To learn more about how to apply for disability benefits, check out is insomnia a disability in Canada?

Is narcolepsy a disability in Canada?

Yes, narcolepsy is considered a disability in Canada. In order to win benefits, though, you must prove that your condition prevents you from working. This means a diagnosis on its own is not enough. Similar to other disorders, you must have other evidence to back up your claim.

Narcolepsy disability benefits include the following:

• Canada Pension Plan (CPP)
• Long-term disability insurance benefits
• Short-term disability benefits
• Disability tax credit
• Employment Insurance (EI)
• Workers’ Compensation
• Veteran Affairs Canada
• Provincial disability benefits

As we will discuss later in the article, winning disability benefits for any of the sleep disorders listed above can be challenging. While it’s possible to do it on your own, people oftentimes require the support of a disability lawyer. Our disability lawyers at Resolute Legal have years of experience handling claims involving sleep disorders. If you’re interested in learning more about how our team can support you, click on the button below to schedule a FREE case evaluation. 

Should you seek additional information about disability benefits and qualifying conditions, feel free to visit our article on what conditions qualify for disability in Canada or see the articles below:

Disability from Sleep Disorders: You Are Not Alone

A majority of the population has suffered from irregular sleep patterns and behaviours at some point in their lives. These sleep disorders become a disability when they hinder the normal daily functioning of an individual and severely affect their mental, physical and emotional health.

Sleep disorders can be classified into four categories: insomnia, hypersomnia, parasomnia and circadian rhythm sleep disorder (CRSD).

Insomnia

Insomnia or the lack of sleep is often related to either a mental disorder like anxiety, stress or depression or a health condition like heart disease, diabetes or brain injury. The use of drugs, type of diet and hormonal shifts can also cause individuals to have difficulty sleeping. A person suffering from insomnia would find themself unable to fall asleep or stay asleep. Taking sleeping pills is a common treatment for insomnia, but pills can worsen the condition in the long run.

Hypersomnia

Hypersomnia, or excessive sleep, has several types. The most commonly known is narcolepsy, which is a condition that causes individuals to fall asleep uncontrollably. These sleep attacks occur throughout the day, even when the person is busy with a task. Narcolepsy is sometimes accompanied by cataplexy or weakness of the muscles. So, narcoleptics often injure themselves at work, especially when engaged in risky activities like driving or operating heavy machinery.

Parasomnias

Parasomnias are abnormal behaviours that occur during the different stages of sleep. They can either be non-rapid eye movement (NREM) or rapid eye movement (REM) parasomnias. The first type occurs between the patient’s waking and NREM sleep states. Specific disorders include teeth grinding (bruxism), sleepwalking (somnambulism), sleep apnea (disordered breathing, e.g., snoring) and restless legs syndrome (RLS). The second type occurs between the patient’s waking and REM sleep states. Specific disorders include sleep paralysis, catathrenia and REM sleep behaviour disorder (RBD). Those suffering from parasomnias have no control over what they do while sleeping. They are prone to harming themselves and others – with extreme cases resulting in crime and death.

Circadian rhythm sleep disorder (CRSD)

Circadian rhythm sleep disorders affect the timing of an individual’s sleep. People suffering from such conditions are unable to maintain a regular sleep-wake schedule. Their irregular body clock makes it difficult to attend school or go to work at the required times. Shift work sleep disorder is common among people who work rotating or night shifts. Advanced sleep phase disorder (ASPD) is characterized by trouble staying awake at night and staying asleep in the morning. Delayed sleep phase disorder (DSPD) is characterized by peak alertness at night and the delayed onset of sleep.

Sleep Disorders and Employment Rights

Many people worry about losing their jobs because of sleep disorders. Generally speaking, employers can terminate anyone as long as they give proper notice and don’t do it for a discriminatory reason.

However, most employers won’t terminate workers who need sick leave. Under Canada’s human rights laws, employers have a duty to assist employees with medical conditions that affect their work. Allowing sick leave is a reasonable accommodation that employers should provide.

To take sick leave, you’ll need to provide a doctor’s note confirming that you can’t work and need the leave. These notes should be provided regularly — typically every three to six months — to confirm that you still can’t work.

If your sick leave application is denied, you can remain on sick leave while you appeal. Most employers won’t object as long as you have a doctor’s note.

If your employer attempts to terminate you while you’re on sick leave, you may have legal rights to severance pay. You might even be able to challenge the termination if it was based on your condition. However, these situations are complex, so it’s advisable to seek legal advice.

Types of Disability Benefits for Sleep Disorders in Canada

In Canada, there are several disability benefits available to people who suffer from sleep disorders. In the section below, we will review the following benefits:

• Canada Pension Plan (CPP)
• Long-term disability insurance benefits
• Short-term disability benefits
• Disability tax credit
• Employment Insurance (EI)
• Workers’ Compensation
• Veteran Affairs Canada
• Provincial disability benefits

CPP disability benefits for sleep disorders

The Canada Pension Plan (CPP) is the pension program of the Federal Government of Canada. If you are working in Canada, then it is highly likely that you are part of the CPP because it is mandatory for all employees. By law, every employer must deduct contributions from their workers’ salaries. While most people know that it is the source of a retirement pension from the government, you can also get other benefits under the CPP, including disability benefits.

It is possible for you to apply for disability benefits if you meet the following criteria:

• You are considered a ‘recent contributor’ to the CPP with contributions in four of the last six years or three of the last six years if you have contributed for at least 25 years.
• You became disabled before the retirement age of 65.
• Your disability is both severe and prolonged. A severe disability makes you incapable of pursuing work and earning an income, while a prolonged disability is one that is chronic, long-term and will result in permanent damage to your health.

The disability benefits come in the form of monthly payments to both you and your children, who are minors or between 18 and 25 years old and attending school full-time. You will receive this as a cheque in the mail or as a deposit to your nominated bank account.

The CPP Disability Program is operated by Service Canada, an agency within the Department of Employment and Social Development. They are the ones who initially approve or deny disability benefits claims. If your CPP disability application gets denied, you may appeal for a reconsideration of your application. When your claims are repeatedly denied by Service Canada, you can appeal them at the Social Security Tribunal, an administrative law court. 

Need a CPP lawyer? Our team can help. Click on the button below to start the journey to winning back the benefits you paid for.

Long term disability insurance benefits for sleep disorders

Long term disability benefits are usually part of an employee’s benefits package. If you are employed by a private company, it might provide group insurance for all its employees. Take a look at your insurance policy booklet to see if your benefits plan includes insurance for long-term disability. Also, consider any terms and conditions that may apply to you – especially concerning your particular sleep disorder. The types of benefits include employment insurance, monthly disability payments and paid sick leave.

There are disability benefits that are available for individuals who have become disabled due to an accident or illness. Sometimes, benefits are only given to those who are totally disabled and unable to do any kind of work for a specified period. It is best to seek advice from a benefits lawyer when trying to determine your rights under a particular insurance policy.

Those who work for public sector organizations might be able to claim disability benefits through non-profit insurance plans. It is important to understand that, unlike group insurance plans, these are merely administered by the insurance company on behalf of the organization. So, the insurance company is not the entity directly providing the plan. If this applies to you, getting a lawyer to help you trudge through the complex process of claiming benefits would be prudent. For more information, check out denied long term disability help.

 Short term disability for sleep disorders

Short term disability in Canada provides crucial support for individuals grappling with sleep disorders, affording them the necessary time off to address their condition and gradually resume their daily routines, such as work. Employers typically extend benefits covering a significant portion of their regular salary, usually around 50-67%, for a duration of 15-17 weeks or possibly longer, contingent upon the specific circumstances. It’s imperative to furnish healthcare documentation, often from specialists like sleep experts or psychologists, to validate the need for short-term disability leave.

Should an application be denied, avenues for appeal exist, though it’s important to note that if one qualifies for short-term disability benefits, they forfeit eligibility for Employment Insurance. However, navigating the appeals process can be intricate, involving internal reviews and, if necessary, external adjudication. Despite legal protections against termination due to illness or disability, employers may still terminate employment if they can demonstrate that the decision is unrelated to the individual’s health condition, even during a period of sick leave.

Moreover, denial of short-term disability benefits may inadvertently signal to employers that the individual is fit to return to work, potentially leading to the interpretation of their absence as unauthorized. Therefore, while short-term disability offers vital support for individuals with sleep disorders, it’s essential to understand the nuances of the process and potential implications for employment status.

To ensure protection under anti-discrimination human rights laws, it’s essential to inform your employer about your ongoing disability. If necessary, reaching out to one of the short term disability attorneys at Resolute Legal can provide valuable assistance.

Further reading: Reasons short-term disability can be denied

Disability Tax Credit Canada 

Can individuals with sleep disorders qualify for the disability tax credit in Canada? Yes, individuals with sleep disorders may qualify for the disability tax credit in Canada. To be eligible, the disorder must cause a severe and prolonged impairment, meeting a higher standard than other programs.

Being approved for this credit can result in refunds for previous taxes paid, contingent upon the duration and severity of the disorder. To apply, one must complete a T2201 form and submit it to Revenue Canada.

In the event of a denied claim by Revenue Canada, individuals have the option to request an internal appeal. If unsuccessful, further recourse involves appealing to the Tax Court of Canada.

Does sleep apnea qualify for disability tax credit in canada? Yes, people with sleep apnea can also qualify for the sleep apnea disability tax credit Canada. Again, they must prove that they can meet the program’s eligibility criteria.

Employment Insurance (EI) Sickness benefits for sleep disorders

Individuals with sleep disorders may meet the criteria for EI sickness benefits, a temporary disability allowance provided by the federal government’s employment insurance (EI) program. This benefit encompasses 55% of one’s salary for a duration of 15 weeks.

To be eligible, recent contributions to the EI program are necessary, typically facilitated through automatic deductions from one’s paycheck. Thus, if an individual receives an official paycheck, they have likely contributed to the EI program.

The application for EI benefits can be completed online via Service Canada, either from home or at a Service Canada office. A medical practitioner’s completion of a form verifying the inability to work during the 15-week period covered by EI is requisite. Additionally, an employer must issue a Record of Employment (ROE) to confirm the period of sick leave.

It’s important to note that simultaneous claims for EI benefits and short-term disability are not permissible if one qualifies for the latter.

Workers compensation benefits for sleep disorders

Worker’s compensation programs provide both short- and long-term benefits to individuals who sustain injuries or illnesses while on the job.

Each province in Canada administers its own compensation program. To qualify for benefits, you must experience a workplace injury or illness and be employed by an organization covered by the program. It’s important to note that not all employers are necessarily covered by these programs.

Workers’ compensation benefits Canada can coincide with those from EI, CPP, and short- or long-term disability programs. If you have concerns regarding payments, seeking legal advice is advisable. Depending on the province, you may retain some or all of your CPP disability benefits in addition to workers’ compensation.

In the event of a denied claim by workers’ compensation, it’s essential to follow the appeal procedures outlined by your province. These programs typically offer two levels of appeal: internal reconsideration and an external tribunal. In most provinces, this tribunal is known as the Workers’ Compensation Appeals Tribunal (WCAT).

Veteran Affairs Canada

If you’re a current or former member of the Canadian Forces, you may be eligible for short- or long-term disability benefits through Veterans Affairs Canada (VAC), including for sleep disorders.

To file a VA claim for a sleep disorder, you must demonstrate that a “service-related injury” directly caused or exacerbated your condition. This requires confirmation from a medical professional.

Application for VAC disability benefits can be completed online or through a paper form. The VAC will assess your service medical records and may request additional information as needed.

In the event of a denial, the appeal process with VAC follows a standard procedure: internal reconsideration followed by potential recourse to the Veteran’s Review and Appeal Tribunal.

Provincial Disability Support Programs

In Canada, each province administers income support benefits for individuals unable to work due to disability, which can include sleep disorders. If eligible, recipients may receive fixed payments for the duration of their life.

Qualification for provincial benefits is possible even without prior employment history. However, eligibility hinges on total family income falling below specific thresholds, varying by province. It’s important to note that family income does not impact the approval process for other disability benefits.

Application for provincial disability benefits is typically made through local agencies or programs. A medical report or certificate from your physician confirming your inability to work due to your medical condition is typically required.

In cases of denial, internal appeals can be pursued within the agency or program. Some provinces also allow appeals to an external tribunal for a final decision. Specific procedures vary by province, so it’s advisable to consult your provincial guidelines for proper appeal protocols.

How to Win Disability Benefits for Sleep Disorders

The following are five easy steps you can take to improve your chances of winning sleep disorder disability benefits.

1. Beware. Insurers may argue that a mental disorder is causing your sleep issues.

Insurance companies do this because it is much harder to win a mental disorder claim than for other medical conditions. Also, many insurance policies limit benefits for mental illness claims to only two years because psychological disorders are considered treatable within that time. Furthermore, you might be required to undergo regular treatments and provide progress reports about your mental illness to continue receiving your benefits.

2. It is critical to include all your other disabling conditions as part of your claim.

You can strengthen your claim by including other conditions you might have that are contributing to your disability. This is important even though you may feel that your sleep disorder is the primary issue. Disabling conditions that are often diagnosed in conjunction with sleep disorders include the following:

• Anxiety
• Depression
• Diabetes
• Chronic pain 
• Fibromyalgia
• Heart disease
• Lung disease
• Lupus
• Lyme disease
• Osteoarthritis

3. Proper diagnosis and testing by a sleep specialist are critical.

Because there are many kinds of sleep disorders, testing varies for each one of them. Your primary care physician might be able to begin the evaluation of your sleep disorder by identifying common symptoms. However, a sleep specialist would be able to give a more comprehensive assessment of your condition. Sleep specialists will also have the proper tools and equipment in their clinics to give you a definitive diagnosis to support your claim. You might be referred for a polysomnogram or sleep study in which you spend a night in a facility where your biological functions will be recorded as you sleep. Some sleep disorders can also be detected using an electroencephalogram or a genetic blood test.

When preparing your claim, it is important to include all documents and medical reports you need to prove that you have a sleep disorder. It is not enough to state that you suffer from the condition. Benefits providers will want solid data and the assurance of a sleep physician.

4. You must demonstrate that you have followed all treatment recommendations and show that they have not been successful.

Initial treatments for sleep disorders include medication, melatonin supplements and the use of devices (e.g., breathing apparatus for sleep apnea). Your doctor should record all the treatments you have tried and their effect on your sleep disorder. In some cases, patients might even experience a worsening of their condition after various treatments. You have to show that simply changing your diet or taking sleeping pills is not working. Some people, including those working for insurance companies, have a misunderstanding of the nature of sleep disorders. They might think the best way to cure the condition is simply to sleep properly, but you know only too well it is easier said than done.

5. Credibility is key.

Maintaining credibility is essential for individuals seeking disability benefits related to sleep disorders. Since these disorders cannot be objectively measured through traditional medical tests like blood work or X-rays, honesty throughout the process is crucial to establishing trust.

Engaging in activities that could undermine the perception of being a genuine sleep disorder sufferer should be avoided. Even unintentional exaggerations or inconsistencies in describing symptoms can significantly damage credibility.

Here are some actions that can hurt credibility:

• Contradicting earlier statements or medical records
• Making excuses or blaming others
• Criticizing involved parties
• Filing complaints against professionals
• Using aggressive or confrontational language
• Resisting reasonable requests for information
• Arguing with doctors about diagnosis instead of focusing on the disability
• Assuming the role of a medical expert

Conversely, credibility can be strengthened by:

• Ensuring consistency with medical records
• Taking ownership of errors or issues with the claim process
• Cooperating respectfully with all parties involved
• Being receptive to expert advice and opinions
• Making genuine efforts to follow recommended courses of action
• Demonstrating efforts to continue working despite the disability

By prioritizing honesty and cooperation, individuals can enhance their credibility and improve their chances of receiving the disability benefits they need.

Even if you do everything right, there is still a good chance your claim could be denied. If that is the case, hiring an experienced disability lawyer is something you should seriously consider. We have helped thousands of Canadians with disabilities win the benefits they deserve, including those with sleep disorders. Take the power back. Click on the button below to schedule a free consultation.

What are the chances of getting disability for narcolepsy?

Many people want to know what are the chances of getting disability for narcolepsy. Unfortunately, it’s impossible for us to say. As a disability law firm, our experience is very biased as the sample of people we deal with on a daily basis have been denied or are having issues with their claims. 

What we can say however is many people can win benefits for narcelopsy on their own, however, a large amount may need to work with a lawyer in order to be successful. Since narcelopsy is an invisible illness many providers will not acknowledge the seriousness of the condition. If you are one of those people, click on the button below to schedule a free consultation.

Consider Resolute Legal for Your Disability Claim

You’ve filled out the forms, and you’ve compiled as much evidence as you could, and yet, the letter you get in the post informs you that you have been denied disability benefits for sleep disorders.

Despite your inability to sleep, you find yourself forced back into the working world to provide for yourself and your family.

This is a tough time. I’ve seen it over and over again with my clients. Being told that your condition doesn’t warrant financial support only adds humiliation and frustration to your exhaustion. On top of that, forcing yourself back to work can have devastating consequences on your physical and mental health.

The good news is that you don’t have to accept this as a harsh reality simply. You can appeal the insurance company’s decision instead. I have years of experience with disability benefits claims, including cases involving sleep disorders. I know what you are going through, and I’m confident I can help you. You have a choice. You don’t have to let the insurance company deny you the support you are entitled to by law. Book a free consultation today by clicking on the button below or by calling (888) 480-9050.

Our offices are situated in Toronto, Ottawa, Moncton, and Halifax, and we provide services to clients in all provinces except Quebec. We deliver 90% of our services online and will come to you for any in-person needs. See the pages below to learn more:

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