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Obesity & Social Security: Can One Get Disability for Obesity?

Social Security has a set of Impairment not her "obesity."In another case I had
Listings. At one time "obesity" had an the applicant was a man who was over 375
impairment listing. Thus, if the pounds with congestive heart failure.
applicant was of a certain height and Again, prior to 1999 he would have met
weight, then the applicant received the "obesity" listing. Instead, we had
Disability. For example, if you were the hearing and the judge denied the
5'2" and 300 pounds, then you were well claim on the grounds he had not done
on your way to winning a Disability Case enough to lose weight. The United States
if you had any impairments in addition to District Court reversed the social
your "obesity".In 1999, Social Security security judge and we are awaiting a new
changed the Rules and deleted the hearing. But again, this case shows the
Impairment Listing for "obesity". Social rules have changed and "obesity" no
Security did say it would consider the longer is the "slam dunk" winner it once
effects of "obesity" with regard to other was.This may be considered AN
listed impairments such as respiratory ADVERTISEMENT or Advertising Material
impairments, cardiovascular impairments, under the Rules of Professional Conduct
and muscoloskeletal impairments (back governing lawyers in Virginia. This note
problems).In a recent case I had a young is designed for general information only.
lady who was 400 pounds and had spinal The information presented in this note
stenosis. Prior to 1999, she probably should not be construed to be formal
would have met the Impairment Listing for legal advice nor the formation of a
"obesity". Since the rules have changed, lawyer/client relationship.Gerald G.
we had to go to a hearing before a judge Lutkenhaus, has been representing Social
and demonstrate the severity of her back Security Disability claimants for 30
problem. We won but the primary focus of years in the Central Richmond Area in
the decision was on the back problem and Virginia.




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