Obesity

 It is estimated that more than 30 percent of the adult population currently suffers from obesity. While the severity of the limitations surrounding obesity obviously varies from case to case, some of the individuals are simply unable to work because of the condition.

Obesity is defined by the Social Security Administration ("SSA") as a chronic disease that is characterized by excessive buildup of body fat. Someone with a body mass index ("BMI") of 30 and over is considered obese, and an individual with a BMI of 40 or more is considered morbidly obese.

SSA removed obesity from its listing of impairments due to the fact that many individuals who are still morbidly obese could function adequately at work. Under Social Security Rule 19-2p, the Social Security Administration is required to evaluate the effects of obesity on a claimant. Specifically, obesity, when established by objective medical evidence (signs, laboratory findings, or both) from an acceptable medical source.

Presently, an obese individual may still qualify for disability benefits, as with any other medical condition, the SSA will consider whether obesity is a "severe" impairment when, alone or in combination with another medically determinable physical or mental impairment(s), it significantly limits an individual's physical or mental ability to do basic work activities.

Often we see morbidly obese individuals being awarded disability benefits due to their severe orthopedic, arthritic, respiratory, and cardiac impairments. 

Obesity can additionally contribute to the development of type II diabetes, heart disease, stroke, and certain kinds of cancer. The condition may also be caused by other medical conditions, including genetic disorders, endocrine system disorders, and mental illness.

In sum, the combined effects of an individual’s obesity with other impairment(s) may be greater than the effect of each of an individual’s impairment(s) considered separately.

If you need help applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

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