A growing number of Americans suffer from obesity. According to the Centers for Disease Control and Prevention (CDC), about 40% of adults in the United States are considered obese. This translates to about 100 million adults.
The commonly used screening measurement for obesity is Body Mass Index (BMI). BMI is a calculated measure of body weight relative to height. For adults, BMI categories are underweight, healthy weight, overweight, and obesity. Obesity is further subdivided into these three classes:
- Class 1 Obesity 30 to less than 35
- Class 2 Obesity 35 to less than 40
- Class 3 Obesity (Severe Obesity) 40 or greater
(You can calculate your BMI on the CDC’s website.)
There are two disability programs: Social Security Disability Insurance, which is known as SSDI, and Supplemental Security Income, commonly referred to as SSI. SSDI pays benefits to you and certain members of your family if you are disabled, and you worked long enough and paid Social Security taxes recently enough. SSI, on the other hand, is based on financial need. The Social Security Administration (SSA) says, “It is designed to help aged, blind, and disabled people, who have little or no income.”
To determine if you are medically eligible for disability benefits, Social Security has a set of procedures in place. These procedures are published in a handbook known as the “Blue Book,” and it includes a list of various disabling conditions known as “listings”. If your condition matches the criteria in the Blue Book, you may be awarded disability benefits through the Social Security Administration.
The SSA no longer includes obesity in its listings of disabling conditions, but it’s still possible to obtain disability benefits if you are obese and unable to work because there is a second way to qualify—demonstrate that your condition prevents you from sustaining full-time competitive employment on a consistent and reliable basis. To prove that your obesity prevents you from maintaining full-time employment, you must start with a diagnosis through a doctor’s exam. But a diagnosis alone is not enough to qualify you for benefits. Your doctor should also explain how your medical conditions limit your ability to work. This is usually done using a form called the “Residual Functional Capacity” (RFC) form. The RFC form is separate from the medical records and helps your doctor to explain your limitations. To decide whether you qualify for Social Security disability benefits the Social Security Administration will consider the RFC form along with other medical evidence. All qualifying disabilities must be expected to last and keep you out of work for at least 12 months.
Obesity is often the cause of other impairments. You should also include these in your application for benefits. The Social Security Administration must take into consideration all your impairments when deciding whether you qualify for disability benefits. Some health issues that commonly arise with obesity include heart disease, stroke, type 2 diabetes (and its associated complications), back problems, depression, and sleep apnea, among others.
Because obesity is sometimes (rightly or wrongly) regarded as a preventable disease, winning benefits can be difficult, but they can be won. If obesity and any associated conditions have made it impossible for you to hold a job, contact us at Cuddigan Law for a FREE evaluation of your situation. We can help you navigate through the complex SSA disability claims process and guide you on the best path forward. The government’s own statistics show that if you have a representative such as an attorney, you are three times more likely to be allowed benefits than someone who had no representation. And we only get paid when you win your case.
