Tips to Winning Your REM Sleep Behavior Disorder Social Security Disability Claim

Welcome to Season 2, Episode 8 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into Tips to Winning Your REM Sleep Behavior Disorder Social Security Disability Claim.

Many people with REM Sleep Behavior Disorder (RBD) don’t realize how disabling it can be - or how hard it is to qualify for Social Security Disability benefits. Unlike visible or obvious physical limitations, RBD involves vivid dream enactment, disrupted sleep, and daytime exhaustion, all of which can make work impossible. In this episode of Winning Isn’t Easy, we break down how the SSA evaluates RBD claims. We cover the hallmark symptoms, how to document functional limitations, the four key ways to prove your claim, and what to do if your application is denied. By the end, you’ll understand why strong medical evidence and precise documentation are essential for proving disability with RBD - and how to maximize your chances of approval.

In this episode, we'll cover the following topics:

One - Understanding REM Sleep Behavior Disorder and Its Impact

Two - Four Ways to Prove Your Social Security Disability Claim for RBD

Three - Filing Your Claim and Working With an Attorney

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:10]:
 Do you act out your dreams at night, striking, kicking, or moving uncontrollably while asleep? If so, you might be eligible for Social Security disability benefits for REM sleep behavior disorder. Now That kind of claim can be complicated to win, but it's not impossible. I want to welcome you back to Winning Isn't Easy: Social Security Disability Benefits, the podcast where we break down everything you need to know about navigating the Social Security system. I'm your host, Nancy Cavey. Before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar Association says I have to give you this legal disclaimer. So now that I've said it, nothing will prevent me from giving you an easy-to-understand overview of the Social Security disability claims process, the games that are played, and what you need to know to get the disability benefits you deserve.
 
 Nancy Cavey [00:01:08]:
 So off we go. Now, today I'm gonna be taking a closer look at REM sleep behavior disorder. That's a condition that can make your nights dangerous, your days exhausting, and your ability to work impossible. Most people understand that serious physical or visible limitations can qualify you for Social Security disability benefits, but conditions like REM sleep behavior disorder can really impact your ability to function. It involves vivid dream enactment, disrupted sleep, causes fatigue,, but those kinds of quote-unquote subjective complaints need to be proven objectively, and as a result, it's going to require precise documentation and strategy to prove that you're entitled to your Social Security benefits. Now, perhaps you've experienced intense or violent dreams that have caused you to yell, punch, kick, or flail in your sleep, waking up exhausted and unable to function. Again, I think these symptoms are just as disabling as having a herniated disc, the tingling and numbness down your back to your toes. But Social Security is really taking a close look at these kinds of claims.
 
 Nancy Cavey [00:02:30]:
 They want to see objective medical evidence of the diagnosis, functional assessments, and ultimately it helps to have specialized forms that we Social Security lawyers have created called residual functional capacity forms. In this episode, I wanna break down exactly how Social Security will evaluate an RBD claim, and I'm gonna cover the symptoms and effects of RBD, the 4 ways to prove your claim, how to document restrictions and limitations, and how to file a Social Security disability claim. So at the end of the day, at the end of this episode, I want you to understand what evidence matters, how to document your limitations, and how to give yourself the best chance of securing the benefits you deserve. So I'm going to talk about 3 things. Number 1, understanding REM sleep behavior disorder and its impact on your functionality. Number 2, the 4 ways to prove your Social Security disability claim for RBD. And 3, how to file your claim, deal with denials, and working with a Social Security disability attorney. But before we get started, I want to take a break, and when you come back, please bring a pad and a pen because I want you to be taking notes.
 
 Nancy Cavey [00:03:44]:
 There won't be an exam at the end of this episode, but I want to get you thinking. Okay, let's take a break.
 
 Speaker B [00:03:50]:
 Are you considering filing for Social Security Disability or has your claim been denied already? Either way, you require a copy of Your Rights to Social Security Disability Benefits, which will cover everything you need to know about the Social Security Disability claims process. Request your free copy of the book at kvlaw.com today.
 
 Nancy Cavey [00:04:15]:
 Welcome back to Winning Isn't Easy. Understanding REM sleep behavior disorder and its impact on your ability to work. Now, there are two distinct states of normal sleep: non-rapid eye movement (NREM) and rapid eye movement (REM) sleep. REM sleep, which is associated with dreaming, makes up about 20 to 25% of your sleep.. And during REM sleep, the following occurs: rapid eye movements, even breathing, increase in blood pressure, and a loss of muscle tone. Now, the REM sleep disorder presentation is a bit different. If you have REM sleep disorder, RBD, the paralysis that will normally occur during REM sleep is either incomplete or absent. This results in a person, quote unquote, acting out their dreams which can be vivid, intense, or even violent.
 
 Nancy Cavey [00:05:08]:
 As a result, you might talk, yell, punch, kick, jump from the bed, flail your arms, grab things. You might be awakened or wake spontaneously during these attacks and vividly remember the dream that corresponds with that activity. So what are the results of, or the functional results, if you will, of interrupted sleep that can cause a disability claim? I'm probably not telling you anything you don't know, but I want you to think about this in the context of a Social Security disability claim. Interrupted sleep can cause excessive fatigue, daytime drowsiness, and a lack of focus or clarity. You might also experience some other symptoms like headaches, forgetfulness, drowsiness, or even depression. But do these symptoms really qualify you for your Social Security disability? Benefits. I'm not going to lie to you. The reality is it is hard to win an RBD Social Security claim because of the somewhat subjective nature of the symptoms, the difficulty in diagnosing RBD, the difficulty in quantifying objectively the diagnosis, and the difficulty objectively quantifying your restrictions and limitations.
 
 Nancy Cavey [00:06:24]:
 So we're going to discuss in our next segment, the 4 ways to actually prove your Social Security disability claim as a result of RBD and related sleep disorders. Let's take a quick break. Welcome back to Winning Isn't Easy. Let's talk about the 4 ways to prove your Social Security disability claim for RBD. Number 1: Objective evidence of the RBD diagnosis. Now, you know that Social Security doesn't like claims for conditions that can't be proven without objective testing, and in this instance, the diagnosis is basically, uh, formulated on your complete medical history, a physical exam, and testing. So Social Security is going to expect that you have gone— undergone testing such as a polysomnogram, EEG or EON, EMG, EKG, and arterial blood gas studies. So they're going to expect those kinds of studies and potentially that you be seen by a specialist who deals with sleep disorders., so that they know that they've got an expert and that that expert is relying on, uh, the known studies that are used to objectively diagnose the disease.
 
 Nancy Cavey [00:08:01]:
 Number 2, objectively proving your restrictions and limitations. As I said, Social Security does not like claims where the existence and severity of the condition can't be objectively verified. Now, there are a number of tests that we've talked about that they expect to have you undergo. But one of the things that I like to talk about is how the test results can also help prove the severity and existence of restrictions and limitations. Now, I think that there's also something that we need to talk about. And that is we need to talk about the history of your symptoms. The, and this is a formula that I have, symptoms plus information about the location, duration, frequency, and intensity of your symptoms equals physical, cognitive, or psychological restrictions and limitations. So we really want to document the nature of the problems that you are having with your sleep disorder.
 
 Nancy Cavey [00:09:12]:
 And this might be a situation where you want to keep a log of your, of your sleep every night, the problems that you have, the quality or lack of quality of your sleep, how much sleep you got, how you wake up, if you feel like you're rested or not rested, how your day goes, whether you have problems with daytime sleepiness. Difficulty driving, difficulty concentrating, difficulty staying on task. That, I think, in combination with your exam findings, your diagnostic studies, can help your doctor really give a good opinion about the diagnosis but objectively assign restrictions and limitations. Now, we Social Security disability lawyers have developed some forms we call residual functional capacity forms that will detail your restrictions and limitations and the basis for the same. Saying you have these problems just doesn't cut it. Now, I generally ask my clients to have their doctor complete a sleep disorder residual functional capacity form to help kind of tie this all together. The third thing we want to talk about is additional health conditions that might be caused by your sleep disorder. And I will normally find that people who have RBD have concurrent medical conditions that in and of themselves can be disabling.
 
 Nancy Cavey [00:10:41]:
 These can include heart conditions such as a heart attack, heart disease, heart failure, irregular heartbeat, a stroke, diabetes. Now, what we also know is that the exact cause of RBD isn't known. That's a given. But it can occur alongside degenerative neurological conditions such as Parkinson's disease, multisystem atrophy, Shy-Drager syndrome, and diffuse Lewy body dementia. So if you have any of these other conditions, we also want to claim them. You want to claim them as part of your disability claim and to get applicable residual functional capacity forms. Now, the other thing that I think is really important is if you're having these episodes where you're waking, you're flailing, you know, you're punching, you're acting out, whatever it is that's going on. I think that getting a witness statement from your loved one who is sleeping with you, uh, about the nature of these problems, the frequency that you have them, what it is that you do, uh, is also important.
 
 Nancy Cavey [00:11:50]:
 Now you need to understand that Social Security will sometimes discount these because your significant other has a vested interest in you getting these benefits. So while they may not be given the full weight that I think they deserve, I do think that in this instance they are cooperative of the doctor's opinion, your comments, and the restrictions and limitations assigned in a residual functional capacity form. And you can hear as I'm explaining this that it is really crucial to have an experienced Social Security disability attorney help you with the initial application, review the medical records, make sure that the right forms are being completed, and that, that this information is submitted in a format that Social Security understands. Now, number 4 is claiming that a combination of your conditions entitles you to benefits. We want to have an underlying claim based on your sleep disorder, but you might have these other medical conditions, and we want to develop the objective basis for those other medical conditions, and we want to develop the objective basis of the restrictions and limitations. We want to use an applicable residual functional capacity form that goes with or fits with that other condition. But we're not going to just rely on each one of these conditions individually because after all, you're a whole person. So we want to combine all of these conditions in our argument that you're entitled to your benefits.
 
 Nancy Cavey [00:13:27]:
 So, for example, your sleep disorder could cause extreme fatigue, headaches, cognitive issues. You might have a heart condition that limits your ability to sit, stand, lift, stoop, bend. And the combination of these problems can obviously impact your ability to complete tasks, to complete them on time, to complete them accurately. And of course, the combination of all these medical problems can impact your ability to work on a full-time basis. So it's really the combination here that we want to make sure we're developing. Got it? Now, in the next segment, I'm going to cover filing your initial application, dealing with denials, and why you should be working with an experienced attorney to maximize your chances of success. Got it? Let's take a quick break.
 
 Speaker B [00:14:15]:
 Struggling with your Social Security Disability case? The right attorney can make all the difference. Get our booklet, "The Key to Hiring a Great Attorney for Your Social Security Disability Case." Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy at kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:14:45]:
 Welcome back to Winning Isn't Easy. Let's talk about filing your Social Security Disability claim, what you can potentially expect, and why you should be working with a Social Security Disability attorney. The Social Security Disability claims process is a pain in the rear end, and it is lengthy., and you need to go into this understanding that it may take as long as a year and a half before a claims examiner is assigned to your claim. That's a heck of a long time to wait. So what's important here, obviously, is your medical records. Do your medical records support your claim? Does the testing document the objective basis of your diagnosis? Does the testing document the basis of your restrictions and limitations? Does it confirm the severity of your condition? Is your doctor willing to fill a residual functional capacity form out? That kind of medical proof is really crucial to understand because the goal here is to have the Social Security Administration approve at the local level, the DDS level, the application at the first go around. And so it's the treatment, it's the continued treatment, it's compliance with medical treatment, it's that good interval history of your symptoms and functionality, it's the residual functional capacity forms. So we want to use this time that unfortunately we're going to face to really boost, improve, um, the, the basis of the claim and make it easy for Social Security to approve the claim at the initial application stage.
 
 Nancy Cavey [00:16:35]:
 Now, not every claim gets approved. In fact, some statistics show that as many as two-thirds of the claims get denied at the initial application stage. I think we have a better track record because of the way that we handle our claims, but nonetheless, if the claim gets denied, you'll have 60 days in which to file a request for reconsideration. It goes back to DDS, a new claims examiner is assigned. But what's important are all those updated medical records based on all of your medical conditions that you have, or even new ones that you may have developed, and updated residual functional capacity forms. Unfortunately, claims get denied at the request for reconsideration stage, so you've got to file within 60 days an appeal called a request for hearing to get you in front of a judge. Now, judges are generally looking for a reason to pay a well-developed and well-prepared claim. Well developed, all the things we talked about, that continued treatment, that great interval history, objective testing, compliance with treatment.
 
 Nancy Cavey [00:17:36]:
 And again, if you've got new medical conditions, documentation of all of that. But we normally get, you know, 2 to 5 months notice of a hearing. And at that point, preparation becomes really important. You have developed hopefully with the guidance of an attorney, the substance of your, the medical basis of your claim. But you're gonna be in front of a judge who's gonna use the 5-step sequential evaluation test in determining primarily at step 4, if you go back to your past work, and at step 5, whether you can do other work. You just saying you can't do it isn't gonna cut it. The judge is gonna have your medical records, but the judge is gonna take testimony from you And there'll be another witness at this hearing, a vocational evaluator. In my office, we spend a lot of time preparing our clients for the hearing.
 
 Nancy Cavey [00:18:26]:
 We have a video that we show them that's called the Mock Social Security Disability Hearing. Can't go in and watch one. And then we have a direct exam video that goes through all the questions that a person is ever going to be asked. And we give our clients this direct exam sheet and we ask them to complete it. We have a conference a couple weeks before the hearing, and we literally talk about the questions that a person is going to be asked. I play the judge, they play them, and I ask questions that I know a judge is most likely going to ask. We talk about the bad things in those medical records that we might have to explain. We talk about how to explain those symptoms and functionality in a way that can create a picture in the judge's mind of why you can't do your past work or other jobs like sorting nuts and bolts or addressing envelopes all day or being a surveillance system monitor.
 
 Nancy Cavey [00:19:19]:
 You don't want to go, I think, through this entire process from the initial application to the request for reconsideration to a request for hearing without having the assistance of an experienced Social Security disability attorney. Now, one of the things that you need to also understand is that if your claim gets denied, At the request for reconsideration stage, you have 60 days in which to file that appeal. Okay, so the initial application you're going to file is denied, you're going to file a request for reconsideration in 60 days. If that gets denied, you've got to file a request for a hearing in 60 days. If you blow these deadlines, you get to start all over again. And potentially lose back benefits, and you don't want to do that. So part of having an experienced attorney is to make sure that things are done at the right time, on a timely basis, and in a way that Social Security understands. If you're struggling with REM sleep behavior disorder and need help navigating the Social Security claim, I strongly suggest that you retain an attorney.
 
 Nancy Cavey [00:20:31]:
 You're going to have to pay for the attorney, but that's the way it goes. Normal standard Social Security fees are 25% of the back benefits capped at $9,200. So if your back benefits are $40,000, for example, the fee is going to be capped at $9,200. But what are you getting here? You're getting an experienced attorney who is assisting you in developing a winning claim, and if you win, you're going to get Social Security money benefits. Based on your earnings record. You can check out what you're going to get by going to www.ssa.gov and look at your account. But remember, there's more at stake here. If you have children who are minors, they're going to be able to get Social Security Disability benefits, basically beneficiary or dependent benefits on your record till they, till they reach age 18 or 19 depending on their schooling situation.
 
 Nancy Cavey [00:21:25]:
 But after you have been on Social Security disability benefits for 24 months and have satisfied a 5-month waiting period, so after 29 months, you'll be eligible for Medicare benefits. Why would you want to jeopardize these money or medical benefits by trying to do it yourself? As I've said, these invisible type cases are difficult to prove, and I think the assistance of an attorney who understands this disease process, what needs to be proven, and who is going to work with you and your attorney to develop the necessary evidence is really crucial. That's it for this episode of Winning Isn't Easy. If you found this episode helpful, please take a moment to like our page, leave a review, and share it with your family and friends. And better yet, subscribe to this podcast. Please join us next week for another insightful discussion, an episode of Winning isn't easy. Thanks for listening.