Question:
Tim, Pretty crappy situation. I would say its like driving to a bar. EVERYBODY does it. And probably most diink more than the allowable limit. AND everybody drives home. But its not looked upon as what it is, wrong. Same holds true with sleep apnena. All of us who have it are at risk. But IF everyone who had it was reported, very few of us would get the relief that we do have. I am a long time OSA paitent. And I have not had a accident in 25 years or so(knock on wood). But if I did, I would not tell my MD about it, as what happend to you would be exactly what would happen to me. I think the fine line of knowing your limitations and your condition is the deciding factor. If your accident was as described, anyone at all could have had it, and its not because of the apnea. AND the DOT folks should know that. I can’t see the benifits of stoping someone who had a mishap in a parking lot from driving. IF your apnea is severe enough that your having problems that would put others at risk, then by all means follow your concience. But your incident is another "nice guys finish last" problem. I think the responsibility of the MD to make the judgement should be the clear factor in "turning you in". And it sounds like that common sense factor has been removed by someone. (asshats in the legal/government). My opinion only here. take it for what its worth. Dave "Tim" <Tim_is_h…@lords.com> wrote in message
news:1107215411.929686.100080@f14g2000cwb.googlegroups.com… – Hide quoted text — Show quoted text -> Hi all, > I have sleep apnea and I am currently being treated via CPAP with only > partial success (like most here, possibly). I still have some daytime > sleepiness, worse on some days than others. Usually I am quite fine to > drive, but for the first time in my life (I’m 37) I had a slight > accident in my car (it was one of my worst days alterness-wise). Never > before have I had any kind of accident, and the accident in question > couldn’t have been any more minor. I was in stop-and-go traffic, and I > accidentally bumped the car in front of me. No damage to either car > whatsoever, and nothing was reported to insurance. > Well, I had an appointment with my sleep doctor today and out of the > blue he asked me if I had any accidents recently. Trying to give him > an accurate picture of my health, I related the above to him. Pretty > stupid on my part I guess — he proceeded to tell me that he is > required by law to tell PennDOT (PA’s DMV department) about the > "accident"…and he made me sign something stating that I will no > longer drive anymore unless I get medical clearance in the future to do > so again. Uggh! I can’t afford to lose my driving privileges, and I > mean that literally. I don’t know what I’m going to do. > Can anyone tell me what I should expect from PennDoT now? I’m assuming > my license will be suspended. How can I get my driving privileges > back, and will my insurance go up if I’m allowed to return to the road? > Will this suspension forever be a black mark on my driving record, > even if my situation improves medically? Could it hurt my chances of > getting work as a driver? > This really does suck. > Tim
Response:
Hi guys…once again thanks for the replies. Dave J. (Scoop0901) wrote: > PennDOT may take up to six weeks to notify you — once they make a > determination based on your healthcare provider’s recommendation that > your driving privileges be revoked.
Dave, thank you for this info. I guess I shouldn’t get my hopes up if I don’t hear from them for a couple of weeks. More importantly, do you know if there’s anything I can do in the interim to better my chances? And once a determination is made, could I appeal? Thanks again, Tim
Response:
Consider moving out of Penn before your license is revoked? Consider an attorney? Consider being proactive and have your sleep doc send PennDot a statement that your treatment is effective? If there is no adverse ruling, there is no need to hassle with appeal. regards, eric pearson nonono.ericp1.non…@nonono.fuse.net On 6 Feb 2005 15:00:13 -0800, "Tim" <Tim_is_h…@lords.com> wrote: – Hide quoted text — Show quoted text ->Hi guys…once again thanks for the replies. >Dave J. (Scoop0901) wrote: >> PennDOT may take up to six weeks to notify you — once they make a >> determination based on your healthcare provider’s recommendation that >> your driving privileges be revoked. >Dave, thank you for this info. I guess I shouldn’t get my hopes up if >I don’t hear from them for a couple of weeks. More importantly, do you >know if there’s anything I can do in the interim to better my chances? >And once a determination is made, could I appeal? >Thanks again, >Tim
Response:
Good luck with PennDOT they never make sense. A few years ago they did nothing to a man, in the Pittsburgh area, who cause a number of accidents because he passed out at the wheel. They finally pulled his license after the last accident in which he killed someone. Last year, a man in this area lost his license when his doctor disclosed to PennDOT, he drank two beers a day. The fact he drank them at night in his home before bed, no DUIs, no traffic violations, and no accidents had no effect on PennDOT’s judgement. – Hide quoted text — Show quoted text -eric pearson wrote: > Consider moving out of Penn before your license is revoked? > Consider an attorney? > Consider being proactive and have your sleep doc send PennDot a > statement that your treatment is effective? If there is no adverse > ruling, there is no need to hassle with appeal. > regards, > eric pearson > nonono.ericp1.non…@nonono.fuse.net > On 6 Feb 2005 15:00:13 -0800, "Tim" <Tim_is_h…@lords.com> wrote: >>Hi guys…once again thanks for the replies. >>Dave J. (Scoop0901) wrote: >>>PennDOT may take up to six weeks to notify you — once they make a >>>determination based on your healthcare provider’s recommendation that >>>your driving privileges be revoked. >>Dave, thank you for this info. I guess I shouldn’t get my hopes up if >>I don’t hear from them for a couple of weeks. More importantly, do you >>know if there’s anything I can do in the interim to better my chances? >>And once a determination is made, could I appeal? >>Thanks again, >>Tim
Response:
On 6 Feb 2005 15:00:13 -0800, "Tim" <Tim_is_h…@lords.com> wrote: >Dave, thank you for this info. I guess I shouldn’t get my hopes up if >I don’t hear from them for a couple of weeks.
Nope, not at all. >More importantly, do you >know if there’s anything I can do in the interim to better my chances?
Become compliant on your machine. Talk OPENLY and HONESTLY with your sleep specialist. You make no mention of what part of PA, or what town you are in, but hopefully you are in an area where there is a board-certified sleep specialist. I am in Philly. By being open and honest with your sleep specialist, he makes notes in your chart. PennDOT will look at those notes. Progress goes up and down, and PennDOT, as well as your sleep specialist (please, please, PLEASE note, I am NOT saying your family doctor, internist, etc.!!!), all know this. Don’t try to "fake" getting better because PennDOT may want to do an MSLT or a MWT on you just to see if the notes are accurate — and if you do pose a threat on the roadway. >And once a determination is made, could I appeal?
You can appeal, but during the appeal process you will not be driving. The revokation lasts six months, typically, and is then reviewed. The review would be based on your request. Bear in mind, PA is one of the better states in which to have your license revoked for this problem, from what I have heard. California is one of the worst in some cities. -dave
Response:
On Mon, 07 Feb 2005 03:11:36 GMT, ronlin <ron…@verizon.net> wrote: >Last year, a man in this area lost his license when his doctor disclosed >to PennDOT, he drank two beers a day. The fact he drank them at night in >his home before bed, no DUIs, no traffic violations, and no accidents >had no effect on PennDOT’s judgement.
The thing that matters to PennDOT is ***how*** the info is presented to them, and what documentation can be obtained by them after the initial report. -dave
Response:
License suspension for cell-phone drivers is insufficient. There should be permanent license revocation. On Wed, 9 Feb 2005 19:29:06 -0800 (PST), A.Melon – Hide quoted text — Show quoted text -<ju…@melontraffickers.com> wrote: >>On 4 Feb 2005 15:57:22 -0800, "Tim" <Tim_is_h…@lords.com> wrote: >>>Hi guys…thanks for the replies. I haven’t heard anything from >>>PennDOT yet, but it’s only been 4 days since my doctor’s appointment. >>>I’m hoping the severity of the "accident" — or to be more precise, the >>>lack thereof — will help me prevent suspension of my license. Really, >>>I only hit the guy about as hard as one might when parallel parking and >>>misjudging a little. I’m not sure how likely it is I’ll be successful >>>with this battle, but I appreciate you advising me of the importance of >>>the first few weeks of this, Pete. >Personally, I think I would sleep better at night if they suspended the >licenses of vehicular cell phone users rather than those of treated apnea >patients. A suggested add-on to the doctor’s questions would be "Do you use >a cell phone while driving?" Then the doctor could report these patients to >the proper authorities as very high risk drivers. >On a more serious note, your post serves as a good reminder about what we >in general can safely say and to who.
regards, eric pearson nonono.ericp1.non…@nonono.fuse.net
Response:
Just a quck update here. Still haven’t heard from PennDot, but my doctor (yes, a certified sleep doc) is going to schedule a MWT for me. Hopefully, the resutls will be good and will satisfy PennDot. Dave, in what way is PA a good state for this to happen? You seem to know quite a bit about this process. Have you been through this yourself, or maybe you know someone who did? Or maybe you are a DMV industry "insider"? Just curious. Thanks for the great info. Regards, Tim
Response:
On 15 Feb 2005 16:34:41 -0800, "Tim" <Tim_is_h…@lords.com> wrote: >Just a quck update here. Still haven’t heard from PennDot, but my >doctor (yes, a certified sleep doc) is going to schedule a MWT for me. >Hopefully, the resutls will be good and will satisfy PennDot. >Dave, in what way is PA a good state for this to happen? You seem to >know quite a bit about this process. Have you been through this >yourself, or maybe you know someone who did? Or maybe you are a DMV >industry "insider"? Just curious. Thanks for the great info.
I run Awake In Philly (http://www.AwakeInPhilly.org/), do a few other things on the side in the sleep field and advocacy, helped launch Awake In America (http://www.AwakeInAmerica.org/), and have been involved in many fights for people around the country over the past five years over driving, insurance, etc. But what do I know?
Response:
I have no doubt you know a lot
I also have a lot of admiration for your apparent devotion to your causes, and am impressed by the comprehensiveness of those web sites (and probably, the organizations themselves). Way to go — we apneics are very lucky to have you on our side, I’m sure. Thanks again for the great advice you’ve given me in this thread. Regards, Tim
Response:
On 4 Feb 2005 15:57:22 -0800, "Tim" <Tim_is_h…@lords.com> wrote: >Hi guys…thanks for the replies. I haven’t heard anything from >PennDOT yet, but it’s only been 4 days since my doctor’s appointment. >I’m hoping the severity of the "accident" — or to be more precise, the >lack thereof — will help me prevent suspension of my license. Really, >I only hit the guy about as hard as one might when parallel parking and >misjudging a little. I’m not sure how likely it is I’ll be successful >with this battle, but I appreciate you advising me of the importance of >the first few weeks of this, Pete.
PennDOT may take up to six weeks to notify you — once they make a determination based on your healthcare provider’s recommendation that your driving privileges be revoked. The extent of the damage, as well as the strength of impact have no real bearing on the matter. The issue is your alertness behind the wheel of a vehicle.
Response:
Hi Tim, > And, Dan, to answer your questions — first off I should probably > mention that I’m not really new to apnea. I’ve gone through the usual > learning curve with it, and found this group to be quite a help with > that several years ago. At this point though, I could probably quite > literally write a book about apnea and its treatments. It’s the > legal/DMV side of it that I’m pretty ignorant about, and I will admit > feeling pretty vulnerable there.
I’m not up to date with the situation in the US. I attended a number of Conferences in the UK over the past few years, one of which was addressed by a doctor from the DVLA (UK Government Licencing Agency). For Commercial drivers with sleep apnoea they must prove that they do not pose a risk on the roads (excessive daytime sleepiness) and this must be signed off by their sleep doctor. Pending this, actually on diagnosis, they must cease driving. The driver must then produce this ‘proof’ annually thereafter. I can only assume that it is similar in the US. It should not affect your right to work. > Apnea-wise though, here is a short summary of my situation: Diagnosed > in 1999 with mild apnea, quickly proceeded to moderate and on to > severe. I’ve been on xPAP ever since then, first CPAP and then BiPAP. > BiPAP was better, but since I still could not tolerate the pressure > required, for good or for bad — mostly bad — I opted for surgery. > First I tried losing weight though — I lost 40 pounds which made me > thin as a rail (I wasn’t that overweight to begin with) but this had no > effect. So I ended up getting a whole slew of surgeries over time: a > couple coblation sessions to the tongue, UPPP, hyoid suspension, > genioglossus advancement, turbinate reduction, septoplasty, MMA. After > all that I am still not cured.
And I thought the UPPP was bad (VBG)…….. I am better though — the number of > apneas per hour dropped a fair amount. Unfortunately though, the > pressure required to treat the rest has not dropped at all…so I still > have the same problems with pressure.
Unfortunately the level of pressure required does not indicate the severity of the apnoea. So to answer your question, yes > I am compliant — every night — but the pressure I’m using is what I > can handle, not what I need. So I’m not sure there’s much else I can > do medically to "heed the warning" — although another operation is > being discussed. And Dan, I really have no idea what prompted my > doctor to ask about accidents…he probably does this with a lot of his > patients.
Unfortunately Tim I don’t think so. If you can’t handle the pressure that is required, then I believe that CPAP is doing you no good whatsoever, and if you mentioned this to your sleep doctor I believe that that is the reason he asked the question and also the reason that he reported you. Usually the pressure prescribed is 95% of that required to clear all apnoea events, to allow for some comfort. In short I believe that your sleep doctor believes that you are not in fact compliant. > If by some miracle I am successfully treated one day, does anyone know > if this black mark on my driving record (assuming I really am > suspended) will prevent me from getting a job as a driver? It doesn’t > exactly seem fair that it should last, if I really am cured.
Tim, at the moment (I say this hopefully) there is no cure for moderate/severe sleep apnoea (except of course a traceotomy). I do voluntary work for a sleep apnoea patient support group here in Ireland, and we always tell newly diagnosed sufferers that they have a disorder rather than a disease/illness and that disorders can’t be cured, but can be managed successfully. If you successfully manage your disorder (like wearing glasses for driving) then there is no reason to have a black mark on your record. If however you cause a serious accident through EDS then the black mark will stick. Also, if > anyone has any more specifics on what I should expect from the DMV in > the coming days I really would appreciate it.
Can’t help you there…….sorry. Kindest regards, Dan.
Response:
Hi Tim, Sorry to hear about your problems. In Ireland things are not as strict, but in the UK they are. It might be more helpful to answer some of the questions below. > I have sleep apnea and I am currently being treated via CPAP with only > partial success (like most here, possibly). I still have some daytime > sleepiness, worse on some days than others.
How severe is your apnoea? How long are you on CPAP? How compliant are you? (how many hours per night do you use CPAP) Usually I am quite fine to > drive, but for the first time in my life (I’m 37) I had a slight > accident in my car (it was one of my worst days alterness-wise). Never > before have I had any kind of accident, and the accident in question > couldn’t have been any more minor. I was in stop-and-go traffic, and I > accidentally bumped the car in front of me. No damage to either car > whatsoever, and nothing was reported to insurance.
It was a warning. You should heed it. > Well, I had an appointment with my sleep doctor today and out of the > blue he asked me if I had any accidents recently.
Why did he ask you this? Trying to give him > an accurate picture of my health, I related the above to him. Pretty > stupid on my part I guess — he proceeded to tell me that he is > required by law to tell PennDOT (PA’s DMV department) about the > "accident"…and he made me sign something stating that I will no > longer drive anymore unless I get medical clearance in the future to do > so again. Uggh! I can’t afford to lose my driving privileges, and I > mean that literally. I don’t know what I’m going to do.
What did your sleep doctor say about the excessive daytime sleepiness? Can it be controlled? > Can anyone tell me what I should expect from PennDoT now? I’m assuming > my license will be suspended. How can I get my driving privileges > back, and will my insurance go up if I’m allowed to return to the road? > Will this suspension forever be a black mark on my driving record, > even if my situation improves medically? Could it hurt my chances of > getting work as a driver?
Can’t speak for Ireland, but in the UK it is illegal to drive until such time as it can be confirmed that you do not pose a danger to others. I assume it is the same where you are. It most certainly will hurt your chances of getting work as a commercial driver, unless you get your situation under control. Please answer the questions above and I am sure you will get good advice from the group. Dan.
Response:
Hi guys…thanks for the replies. I haven’t heard anything from PennDOT yet, but it’s only been 4 days since my doctor’s appointment. I’m hoping the severity of the "accident" — or to be more precise, the lack thereof — will help me prevent suspension of my license. Really, I only hit the guy about as hard as one might when parallel parking and misjudging a little. I’m not sure how likely it is I’ll be successful with this battle, but I appreciate you advising me of the importance of the first few weeks of this, Pete. And, Dan, to answer your questions — first off I should probably mention that I’m not really new to apnea. I’ve gone through the usual learning curve with it, and found this group to be quite a help with that several years ago. At this point though, I could probably quite literally write a book about apnea and its treatments. It’s the legal/DMV side of it that I’m pretty ignorant about, and I will admit feeling pretty vulnerable there. Apnea-wise though, here is a short summary of my situation: Diagnosed in 1999 with mild apnea, quickly proceeded to moderate and on to severe. I’ve been on xPAP ever since then, first CPAP and then BiPAP. BiPAP was better, but since I still could not tolerate the pressure required, for good or for bad — mostly bad — I opted for surgery. First I tried losing weight though — I lost 40 pounds which made me thin as a rail (I wasn’t that overweight to begin with) but this had no effect. So I ended up getting a whole slew of surgeries over time: a couple coblation sessions to the tongue, UPPP, hyoid suspension, genioglossus advancement, turbinate reduction, septoplasty, MMA. After all that I am still not cured. I am better though — the number of apneas per hour dropped a fair amount. Unfortunately though, the pressure required to treat the rest has not dropped at all…so I still have the same problems with pressure. So to answer your question, yes I am compliant — every night — but the pressure I’m using is what I can handle, not what I need. So I’m not sure there’s much else I can do medically to "heed the warning" — although another operation is being discussed. And Dan, I really have no idea what prompted my doctor to ask about accidents…he probably does this with a lot of his patients. If by some miracle I am successfully treated one day, does anyone know if this black mark on my driving record (assuming I really am suspended) will prevent me from getting a job as a driver? It doesn’t exactly seem fair that it should last, if I really am cured. Also, if anyone has any more specifics on what I should expect from the DMV in the coming days I really would appreciate it. Best Regards, Tim P.S. — Good luck with those medical bills and also dealing with your employer, Pete. I know those definitely can be trying issues as well. If only medical problems could remain "just" a health issue!
Response:
"Tim" <Tim_is_h…@lords.com> wrote in message
news:1107215411.929686.100080@f14g2000cwb.googlegroups.com… – Hide quoted text — Show quoted text -> Hi all, > I have sleep apnea and I am currently being treated via CPAP with only > partial success (like most here, possibly). I still have some daytime > sleepiness, worse on some days than others. Usually I am quite fine to > drive, but for the first time in my life (I’m 37) I had a slight > accident in my car (it was one of my worst days alterness-wise). Never > before have I had any kind of accident, and the accident in question > couldn’t have been any more minor. I was in stop-and-go traffic, and I > accidentally bumped the car in front of me. No damage to either car > whatsoever, and nothing was reported to insurance. > Well, I had an appointment with my sleep doctor today and out of the > blue he asked me if I had any accidents recently. Trying to give him > an accurate picture of my health, I related the above to him. Pretty > stupid on my part I guess — he proceeded to tell me that he is > required by law to tell PennDOT (PA’s DMV department) about the > "accident"…and he made me sign something stating that I will no > longer drive anymore unless I get medical clearance in the future to do > so again. Uggh! I can’t afford to lose my driving privileges, and I > mean that literally. I don’t know what I’m going to do. > Can anyone tell me what I should expect from PennDoT now? I’m assuming > my license will be suspended. How can I get my driving privileges > back, and will my insurance go up if I’m allowed to return to the road? > Will this suspension forever be a black mark on my driving record, > even if my situation improves medically? Could it hurt my chances of > getting work as a driver? > This really does suck.
You have my deepest sympathies – I’ve been through it here in the UK, too. My neurologist felt obliged to report my narcolepsy to the DVLA, and, after about 5 weeks, my license was suspended. If I can get medical clearance, I can get it back, but that means either a) lying to my doctor about my condition and not getting the help I need, or b) managing to go for at least six months without a narcoleptic attack, which isn’t going to happen. I said goodbye to my car last Saturday – I’m not going to be needing that any time soon. It’s busses, trains, and the kindness of friends and family for the forseeable future. So, to answer your questions directly, based on the UK situation: Yes, your license will probably be suspended. You will have about 5-6 weeks to convince your doctor to convince them not to suspend it. Once it has been suspended, it’s a nightmare to get it un-suspended, even if you go via the same doctor. You can get your driving privileges back if you can convince a doctor to convince the authorities that there is less than 1% of a chance of your driving being affected by your condition.It’s a lot easier said than done. Your insurance will go up, guaranteed. The only bright side to that, from a very warped perspective, is that you might not need that insurance… You will not be able to get work as a driver. Ever. Anyone with this type of disability is apparently banned from any form of commercial or professional driving, by law. One of the first things my doctor asked me was what role driving played in my career. Thankfully, you don’t really need to drive to program computers – but falling asleep on the keyboard can be just as hazardous to any kind of job security. Keep in mind that all of this is, as I said, based on my own situation, and the laws where you are may differ. So, on the plus side, I’m not paying for petrol and car services as regularly as I was, and I don’t have to wash the car anymore. On the down side, I’ve been hit by large medical bills because my idiot employer put me between a rock and a hard place and convinced me to go privately, and then ‘forgot’ to pay my medical aid contributions, I can’t drive any more, and the debts are now piling upwards, and I’m living in daily fear of my employer thinking that they’ve come up with a way around the disability discrimination act, to kick me out. Yes, it really does suck. I couldn’t agree more. I really do know what you’re going through.
Response:
Hi all, I have sleep apnea and I am currently being treated via CPAP with only partial success (like most here, possibly). I still have some daytime sleepiness, worse on some days than others. Usually I am quite fine to drive, but for the first time in my life (I’m 37) I had a slight accident in my car (it was one of my worst days alterness-wise). Never before have I had any kind of accident, and the accident in question couldn’t have been any more minor. I was in stop-and-go traffic, and I accidentally bumped the car in front of me. No damage to either car whatsoever, and nothing was reported to insurance. Well, I had an appointment with my sleep doctor today and out of the blue he asked me if I had any accidents recently. Trying to give him an accurate picture of my health, I related the above to him. Pretty stupid on my part I guess — he proceeded to tell me that he is required by law to tell PennDOT (PA’s DMV department) about the "accident"…and he made me sign something stating that I will no longer drive anymore unless I get medical clearance in the future to do so again. Uggh! I can’t afford to lose my driving privileges, and I mean that literally. I don’t know what I’m going to do. Can anyone tell me what I should expect from PennDoT now? I’m assuming my license will be suspended. How can I get my driving privileges back, and will my insurance go up if I’m allowed to return to the road? Will this suspension forever be a black mark on my driving record, even if my situation improves medically? Could it hurt my chances of getting work as a driver? This really does suck. Tim
Response: