| Social Security has a set of Impairment
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| | problem. We won but the primary focus of
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| Listings. At one time "obesity" had an
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| | the decision was on the back problem and
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| impairment listing. Thus, if the
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| | not her "obesity."
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| applicant was of a certain height and
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| | In another case I had the applicant was a
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| weight, then the applicant received
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| | man who was over 375 pounds with
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| Disability. For example, if you were 5'2"
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| | congestive heart failure. Again, prior to
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| and 300 pounds, then you were well on
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| | 1999 he would have met the "obesity"
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| your way to winning a Disability Case if
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| | listing. Instead, we had the hearing and
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| you had any impairments in addition to
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| | the judge denied the claim on the grounds
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| your "obesity".
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| | he had not done enough to lose weight.
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| In 1999, Social Security changed the
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| | The United States District Court reversed
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| Rules and deleted the Impairment Listing
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| | the social security judge and we are
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| for "obesity". Social Security did say it
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| | awaiting a new hearing. But again, this
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| would consider the effects of "obesity"
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| | case shows the rules have changed and
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| with regard to other listed impairments
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| | "obesity" no longer is the "slam dunk"
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| such as respiratory impairments,
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| | winner it once was.
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| cardiovascular impairments, and
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| | This may be considered AN ADVERTISEMENT
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| muscoloskeletal impairments (back
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| | or Advertising Material under the Rules
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| problems).
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| | of Professional Conduct governing lawyers
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| In a recent case I had a young lady who
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| | in Virginia. This note is designed for
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| was 400 pounds and had spinal stenosis.
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| | general information only. The information
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| Prior to 1999, she probably would have
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| | presented in this note should not be
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| met the Impairment Listing for "obesity".
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| | construed to be formal legal advice nor
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| Since the rules have changed, we had to
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| | the formation of a lawyer/client
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| go to a hearing before a judge and
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| | relationship.
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| demonstrate the severity of her back
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