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Obesity: Can it be disabling?

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



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