Maryland Injury and Disability Law : Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

SOCIAL SECURITY OBESITY AS A DISABILITY

Quite a few years ago, there was an episode on The Simpsons in which Homer gained a ton of weight, grew out of his trousers and resorted to wearing muu-muus. He lost his job, and went on social security disability. As always on The Simpsons, it was an off the hook parody. But, as is the case in good parody, there were kernels of truth in the mix.

At the time the episode was aired, there was a Listing of Impairment for obesity. If you could prove you were overweight enough to satisfy the weight tables, had documented arthritis of any weight bearing joint, and had pain and limitation of motion in that joint...poof... you were disabled. Many judges disliked that listing because they thought it encouraged lawyers to feed their clients doughnuts by the dozen.

After the Simpsons episode, the Social Security Administration (coincidently?) eliminated the obesity listing. Obesity is still a consideration in determining disability but it no longer has its own listing. However, according to the SSR (Social Security Ruling) 02-1p, obesity, by itself, may be medically equivalent to a listed impairment (or, in the case of a child applying under title XVI, also functionally equivalent to the listings). For example, if the obesity is of such a level that it results in an inability to ambulate effectively, as defined by the regulations, if may be equivalent to a listing.

The Social Security Administration recognizes that obesity can cause limitation of function. The functions likely to be limited depend on many factors, including where the excess weight is carried. An individual may have limitations in any of the exertional functions such as standing, walking, sitting, and lifting. It may also affect ability to do postural functions, such as climbing, balancing, stooping, bending, kneeling and crouching. The ability to engage in fine manipulation may be affected by the presence of adipose (fatty) tissue in the hands and fingers. Additionally, the ability to tolerate extreme heat, humidity, or hazards may also be affected.

Other effects of obesity may not be obvious. For example, some people with obesity have sleep apnea. This can lead to drowsiness and lack of mental clarity during the day. Obesity may also affect an individual's social functioning.

So, while obesity no longer has its own listing, it must be taken into consideration. The ruling regarding obesity is somewhat involved. If this is a topic that pertains to you, I suggest you check for more information on www.ssa.gov , post an inquiry, or email me a question.  

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