Obesity: Can it be disabling?

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