Narcolepsy: What to do when you can’t stay awake

Narcolepsy is a brain disorder that involves poor control of sleep-wake cycles. People who suffer from narcolepsy experience periods of extreme daytime fatigue and sleepiness. These periods of fatigue can come on suddenly and last for a few seconds or several minutes. If you suffer from narcolepsy you may be finding it difficult to maintain a job. The most common reason you struggle with holding a job is your employer will not accommodate all of the unscheduled breaks you require to manage your “sleep attacks.” Also, if you suffer from narcolepsy your doctor more than likely has restricted you from driving. Which also affects your ability to maintain employment.

While there is no specific Social Security Listing for Narcolepsy, SSA will evaluate your claim using Listing 11.03 of the Blue Book. This listing generally evaluates an individual who suffers from non-convulsive epilepsy. Narcolepsy can be similarly evaluated if you have one episode of narcolepsy per week, your condition has persisted for at least 3 months despite treatment, and your episodes have a significant impact on your ability to perform day-to-day activities.

It is more likely SSA will analyze your claim in terms of your residual functional capacity, rather than trying to approve your case based on equaling a listing related to epilepsy. Your residual functional capacity (RFC) is the most you can do in spite of your functional limitations. In terms of narcolepsy, SSA will determine how your limitations affect your ability to work, mainly looking at the number of unscheduled breaks you would require throughout the day and the totality of time you would be able to stay “on task” to perform your job.

Depending upon the severity of your narcolepsy, you may be a good candidate for Social Security disability (SSD) benefits. Ask your doctor what their opinion is regarding your employability. If your doctor doesn’t think you can maintain regular full-time employment without significant accommodations you should apply for SSD. You should contact an attorney to help you apply for these benefits. Using an attorney can oftentimes help speed up your claim because they know the process and how to present the case to SSA. However, keep in mind no one has any control over how long it takes SSA to make a decision on your case. You can take steps to make it easier for SSA to approve your case in the hopes they will approve it faster, but no one can control how long SSA will take to make a decision.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.