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Obesity: Can it be disabling?

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



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