Wednesday, January 23, 2013

IS OBESITY A DISABILITY?

Obesity is no longer a listing under Social Security disability.  An individual cannot be found disabled merely because he is obese.  However, if a person has an impairment that is listed, and obesity complicates the other impairment, it can be considered as a contributing factor to the disability.

  For example, Social Security Ruling 02- 01p states “when evaluating impairments under mental disorder listings 12.05C, 112.05D and 112.05F, obesity that is ‘severe’ . . . satisfies the criteria in listing 12.05C for a physical impairment imposing an additional and significant work-related limitation of function.”  

So, an individual must have an additional impairment, not just obesity, to be found disabled.  Obesity can certainly make ailments like musculoskeletal disease or COPD more severe.  The same could be said of many other conditions, as well.

When your Social Security disability case is being evaluated, many factors should be considered.  

 

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