Ultimate Social Security Disability Guide: SSDI, SSI, How to Win, Information
Obesity and Social Security Disability
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Social Security Disability and Obesity

Obesity is no longer a listed impairment but it is still important in your Social Security Disability claim. This means you will not find a listing for obesity in any of the categories of the SSA medical listings. However, Social Security is still required to consider the impact of obesity on one's disabilities. Many of the listings actually have paragraphs that explain how obesity may affect the evaluation of certain other listings. Obesity is still a medically determinable impairment and its effects must be evaluated when determining disability in SSD and SSI claims. So adjudicators are required consider the effects of obesity has not only on certain listed impairments but also when assessing the claim at the other steps of the sequential evaluation process which includes its effect on the individuals residual functional capacity.

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Obesity can increase an individual's chances of developing many medical conditions throughout the body and can also complicate existing medical conditions. Obesity can even cause or make worse psychiatric conditions such as depression. It is also well documented that obesity has a negative effect on heart conditions, diabetes, stroke, osteoarthritis and sleep apnea. These are just some of the medical conditions which obesity can either cause or make worse. The next few sections will address how SSA is required to evaluate your claim when obesity is involved but it would be a good idea to understand how Social Security determines if you are disabled in general before reading these sections.

Obesity and The Medical Listing of Impairments

I have stated earlier, that obesity is no longer listed impairment. However, if an individual suffers from a condition that is a listed impairment and the effects of individual's obesity increase the severity of the other medical condition that an individual can be found to meet or equal a listed impairment due in part to the obesity. In other words, if a claimant has a medical condition on the listings of impairments that by itself does not meet or equal a listing, the fact that the individual is obese may complicate that medical conditions further to where it does meet the listing and therefore the individula can be found disabled at this step of their SSDI claim. Some examples where this can occur are in the musculoskeletal, cardiovascular, respiratory, and even mental disorder listings.

 

Limitations from Obesity in SSD or SSI Claim

As also stated earlier, obesity can cause limitations and one's ability to work on its own and in combination with other medical conditions at steps four and five in the process when an individual's residual functional capacity is evaluated for determining disability. Individuals would obesity often have exertional limitations which may include lifting, standing, walking, sitting, pushing, and pulling. It may also affect postural limitations such as balance, stooping, crouching and climbing. Even one's ability to use their hands may be affected by the presence of fatty tissue in the hands.  It can also cause sleep apnea which can affect one's ability to concentrate and focus during the day and due to drowsiness.

If an ALJ in a hearing decision does not evaluate the effects of obesity in a Social Security disability claim this is grounds for an appeal to the appeals Council which is often an effective argument to get a remand for a new hearing.

 

Many of you might have heard that obesity is not a listed impairment before reading this page and many have made the assumption that therefore Social Security will not consider its effect any Social Security disability case. However, as shown above if you suffer from obesity you should listed as one of your impairments as they can have a significant impact on your claim for Social Security disability benefits.

Lawyers and Social Security Disability for Obesity

If you are applying for Social Security disability benefits for obesity and other medical conditions you may want to consider hiring a lawyer to help you win your claim. It is very common for Social Security to overlook the effects of obesity on your claim for disability. An attorney can make sure the fact that you are significantly overweight will be considered by the decision makers at the Social Security Administration. This can be particularly important at the hearing level for a couple of reasons. One reason is that administrative law judges or ALJs often do not take into account a claimants weight when evaluating whether they are disabled. As I stated earlier, this can be grounds for reading and if the ALJ does not address obesity in his decision. Another reason is important to have a lawyer at the hearing is many of these hearings have medical experts. An attorney can make sure the medical expert takes into consideration your obesity when determining if you meet or equal a listed impairment and what you're functional limitations are from your medical conditions. If you decide you want a lawyer for your Social Security disability claim for obesity you can click on the link at the top of this page.

We have attempted to provide up to date and accurate information, however the information in this site is not guaranteed.  No attorney client relationship exist.  The information in this site is not a substitute for consultation with a qualified attorney.
© 2006, 2007, 2008, 2009 by Kazmierczak & Kazmierczak, LLP. All rights reserved.
If you are trying to get SSD or SSI and you suffer from obesity and need help with you disability claim feel free to contact me.