Social Security Obesity Disability

Posted on August 20, 2008 by Dory Sutker

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.  

To learn more about social security disability law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click Greenberg & Bederman Bios and read about Dory Sutker or Suja Varghese.

 

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Social Security Law and Pain, Depression, Anxiety

Posted on July 30, 2008 by Dory Sutker
Pain, Depression, Anxiety and Social Security Law


I’m a lawyer not a mental health professional but it seems logical to me that if you are in chronic pain, you are going to be depressed or anxious or both. How can anyone live in pain, day after day, without some degree of depression. After all, your life has changed drastically. Pain interferes with your daily activities and intrudes into every aspect of your life. Naturally, you are going to be depressed about that.

Depression can cause work-related limitations and these can be important in determining whether you meet social security’s definition of disability. But, your depression must be documented and your limitations from depression, if any, need to be ascertainable from the medical record. So, you must talk to your doctor about your depression. Get a referral to a psychiatrist or psychologist. It’s important. The best reason to see a mental health professional is that he/she may be able to make you feel better. A secondary reason is that you can document your depression (or anxiety) and demonstrate that it interferes with your ability to perform work-related activities such as concentrate, persist at tasks, maintain a regular pace, work with others, follow instructions, work within a schedule, maintain regular attendance, etc. These are some of the factors Social Security considers in determining whether you are disabled.

It’s important to understand that psychiatrists treat people with a wide variety of mental or emotional problems. Only a small percentage of their patients are “crazy”. A psychiatrist is the specialist best able to diagnose, treat, and determine functional limitations on mental conditions that require medications. This includes persons suffering from depression, mood disorder secondary to pain or other medical condition, and anxiety. Psychologists also treat a variety of conditions and do objective testing. However, in most states, they cannot prescribe medications. If you feel you are not functioning as optimally as your once did, you should seek treatment from a mental health professional.

To learn more about social security disabiliy law issues please click social security disability law.  To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.
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