Poll: O.S.A. Terminal or Other ???
Terminal
Disabled
A Serious Illness
A Mild Illness
A Condition
An Annoyance
None of the Above
Dont Know
Dont Care
[Show Results]
Note: This is a public poll, other users will be able to see what you voted for.
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Terminal Apnea
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JumpStart Offline

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Post: #11
RE: Terminal Apnea
(04-26-2012 11:58 AM)greatunclebill Wrote:  being alive itself is a terminal illness. we all die as a result of being alive.

What a sad condition if you believe that being alive is a terminal illness. Many if not most of us consider life a gift - and I suspect ALL combat vets do.

Breathing keeps you alive. And PAP helps keep you breathing!
04-26-2012 04:38 PM
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PollCat Offline
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Post: #12
RE: Terminal Apnea
I answered 'condition'. While I see no need to argue about semantics, none of us will live forever. Oh-jeez

I don't know why this occurred to me when I read this thread, but every time I hear the phrase "they died in their sleep of natural causes", I wonder if the cause was undiagnosed sleep apnea. Dont-know


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04-26-2012 06:55 PM
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JumpStart Offline

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Post: #13
RE: Terminal Apnea
(04-26-2012 06:55 PM)bobg1946 Wrote:  I answered 'condition'. While I see no need to argue about semantics, none of us will live forever. Oh-jeez

While I didn't see how you voted contained in your statement quoted in my post, if I somehow took your statement out of context, I certainly apologize. And while I do agree that none of us will live forever (somewhat self-evident I think), I don't believe the statement to which I responded is merely "semantics". I knew a number of guys who are now no longer living that would have responded as I did, and in whose memory I did respond. I am sorry you see it as semantics, but to each their own, I guess. I suppose it all reflects our own life experiences.

(04-26-2012 06:55 PM)bobg1946 Wrote:  I don't know why this occurred to me when I read this thread, but every time I hear the phrase "they died in their sleep of natural causes", I wonder if the cause was undiagnosed sleep apnea. Dont-know

Highly unlikely if you mean directly, IMO, although the effects on other bodily parts of sustained OSA/CA might well be the cause. One thing for sure - we will never know.

Breathing keeps you alive. And PAP helps keep you breathing!
04-26-2012 07:18 PM
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PollCat Offline
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Post: #14
RE: Terminal Apnea
Sorry, JS, I was not referring to your posting but to the entire thread with the semantics remark. Next time I'll try to be more specific.


INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA.
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04-26-2012 08:27 PM
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Dreamcatcher Offline

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Post: #15
RE: Terminal Apnea
So what we are saying then is that anyone who has a "Condition" Like MS is not disabled because they can get around fine with a wheelchair and because they use this then they are not disabled.

So because a person uses cpap they are not disabled.

Take away the wheel chair or the cpap and are you not disabled?
04-27-2012 12:39 AM
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PaulaO2 Offline
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Post: #16
RE: Terminal Apnea
Using the wheelchair does not equal walking. It just equals mobility.

I know that the recent changes made some BIG changes in definitions (the original ADA was left open in hopes it would not need to be further defined. HA)

In regards to the ADA, Title I is the employment section and TitleIII is the public accommodation. So in terms of Title I:

https://askjan.org/media/Sleep.html

Quote:The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC Regulations . . ., 2011). Therefore, some people with sleep disorders will have a disability under the ADA and some will not.

A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011). For more information about how to determine whether a person has a disability under the ADA, visit http://AskJAN.org/corner/vol05iss04.htm .

Huh, seems as though the ADAAA (Americans with Disabilities Act Amendments Act - the big changes they made within the last few years) deals with "mitigated". (bolding is mine) (and EEOC = Equal Employment Opportunity Commission)

Quote:When determining whether a person is substantially limited in a major life activity, we ignore the beneficial effects of mitigating measures except ordinary eyeglasses or contact lens. In the past, the U.S. Supreme Court held the opposite, that you do not ignore mitigating measures. This holding resulted in a lot of people not being covered by the ADA - people with conditions such as epilepsy, diabetes, and mental illness, who controlled their symptoms through measures like medication, good diet, and regular sleep. Prior to the Supreme Court holding, few people questioned whether individuals with these types of conditions had disabilities, but after the holding it was clear that many of them did not, at least not under the ADA definition. The ADAAA rejected the Supreme Court's holding regarding the use of mitigating measures.

For example, a person with epilepsy who takes medication to control her seizures will most likely be covered under the first part of the new definition of disability because we will consider what her limitations would be without her medication.

And note that the ADAAA states that the ameliorative (i.e., beneficial) effects of mitigating measures are ignored; if the mitigating measure itself causes any limitations, then those will be considered.

Evidence showing that an impairment would be substantially limiting without mitigating measures could include evidence of limitations that a person experienced prior to using a mitigating measure, evidence concerning the expected course of a particular disorder absent mitigating measures, or readily available and reliable information of other types.

So, basically, if I am reading this correctly, sleep apnea, even when treated successfully, would still be considered a disability according to the ADA and the employer would have to make reasonable accommodations. The first link had a list of possible accommodations as well as real examples.

Wow. That's big. In terms of employment, that's very big. I really need to keep up on this stuff more. I've only really kept up with the changes they made to Service Dogs.

PaulaO2
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Breathe deeply and count to zen.

INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
04-27-2012 01:25 AM
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JumpStart Offline

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Post: #17
RE: Terminal Apnea
(04-27-2012 01:25 AM)PaulaO2 Wrote:  [quote]......A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011). For more information about how to determine whether a person has a disability under the ADA, visit http://AskJAN.org/corner/vol05iss04.htm.

Great post, Paula! Minor correction on the link shown in the quote above - it doesn't work for me, and I think that when it was actually posted, it did not have the "s" in https included in the referral post. As currently listed, it did not take me there, but when I got there, it was a very good site.

(04-27-2012 01:25 AM)PaulaO2 Wrote:  So, basically, if I am reading this correctly, sleep apnea, even when treated successfully, would still be considered a disability according to the ADA and the employer would have to make reasonable accommodations.

With a great deal of experience with the legal system, I would revise the "would" to "could", although it now clearly appears to be a legitimate claim which could be brought in court. We never know what the high 9 will do. :grin: At least such a claim shoild not be summarily disposed of in a lower court, as has frequently occurred with actions under the ADA.

I was unaware of the new changes in the law, and the interpretations, or even this site in general, and will find it quite useful in providing information to one of my children who has several disabilities as NOW defined.

Thanks again. Thanks

Breathing keeps you alive. And PAP helps keep you breathing!
04-27-2012 08:06 AM
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Post: #18
RE: Terminal Apnea
(04-27-2012 08:06 AM)JumpStart Wrote:  [quote='PaulaO2' pid='8236' dateline='1335507905']
Quote:......A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011). For more information about how to determine whether a person has a disability under the ADA, visit http://AskJAN.org/corner/vol05iss04.htm.

Sometimes when you put a period at the end of a link it doesn't work... Paula's link had a period in it at the end.

Here's the link without the period and it works fine:

http://AskJAN.org/corner/vol05iss04.htm

SuperSleeper
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INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.

04-27-2012 08:09 AM
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Post: #19
RE: Terminal Apnea
(04-27-2012 08:09 AM)SuperSleeper Wrote:  
(04-27-2012 08:06 AM)JumpStart Wrote:  [quote='PaulaO2' pid='8236' dateline='1335507905']
Quote:......A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011). For more information about how to determine whether a person has a disability under the ADA, visit http://AskJAN.org/corner/vol05iss04.htm.

Sometimes when you put a period at the end of a link it doesn't work... Paula's link had a period in it at the end.

Here's the link without the period and it works fine:

http://AskJAN.org/corner/vol05iss04.htm

Great! Can you edit her post so it works there? It is a really good post and I would like to see it function completely.

Breathing keeps you alive. And PAP helps keep you breathing!
04-27-2012 08:25 AM
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PaulaO2 Offline
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Post: #20
RE: Terminal Apnea
I just copy/pasted the quote. I was surprised it turned the text link into a link!

I have edited the post by putting a space after the text link.

The Service Dog section of the ADAAA was huge. As in it is now Service Dog, not Service Animal. There's some exceptions like the silly Guide Ponies were grandfathered in but, if I remember right, there's no new ones, only the ones already "working". So no more Service Pigs running amok on airplanes!

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INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
04-27-2012 10:05 AM
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