OBESITY & DISABILITY – SOCIAL SECURITY RULING 19-2P

OBESITY & WINNING SSD BENEFITS

SOCIAL SECURITY RULING 19-2P 

Obesity is a medical condition that can prevent you from working. If you are off work for more than 12 months, then you can apply for SSD benefits. Over the years, the SSA’s rules regarding obesity have changed multiple times.

For example, in the past, one could meet a listing for obesity alone under Social Security Listing 9.09. However, in 1999, the SSA eliminated the listing for obesity. Then, in 2019, the SSA issued Social Security Ruling 19-2p.

When the SSA took obesity out of the listing, they thought the change would produce financial savings. They also thought it would create fewer benefit cases. Additionally, they assumed it would mean fewer people would win benefits. And, they were right.

Because people could no longer win benefits based on obesity alone, it became harder to prove they deserved benefits. Now, even if you weigh 500 pounds, you must show another medical condition beyond obesity to win benefits.

SSR 19-2p states that “obesity,” must be shown by objective medical evidence (signs, laboratory findings, or both) from a medical source like a doctor. You must also have a severe medical condition to win benefits.

People with obesity have a higher risk for other medical conditions. SSA acknowledges that the effects of obesity can be greater if you have other medical conditions.

OBESITY BY ITSELF IS NOT A DISABLING IMPAIRMENT

Because of SSA’s rules, obesity by itself, does not meet SSA’s listing. However, the functional limitations caused by obesity, either alone or in combination with another condition, may equal a listing.

Obesity in combination with another medical condition may increase your symptoms.  The SSA will evaluate your case based on the information in the medical record.

The ruling states that obesity is a complex condition due to excess body fat.  However, obesity is the result of many factors. Not just your diet. These include environment, family history, and your genes.

Likewise, obesity can also occur from medications. Doctors diagnose obesity based on your medical history. They also diagnose obesity using a physical exam and your body mass index (BMI).

For adults, BMI is your weight in kilograms divided by the square of your height in meters (kg/m). People with obesity weigh more than what is considered a healthy weight for their height. In the medical community, obesity is having a BMI of 30.0 or higher. There is no specific weight or BMI proves your obesity is a severe condition for the Social Security program.

A doctor may measure your waist to determine your obesity. If your BMI is within the normal range, then you may still be obese if your waist measurement is higher than normal.

People who store fat around their waist, rather than their hips, have a greater risk of problems related to obesity. The risk increases for a waist size greater than 35 inches for women. For men, the risk increases for a waist size greater than 40 inches.

OBESITY ALONG WITH OTHER IMPAIRMENTS CAN BE DISABLING

Social Security’s ruling states that obesity often occurs along with other medical conditions. For example, you may become obese if you have a physical disorder or a lung condition. Likewise, you may struggle with obesity due to a heart problem or an endocrine condition.

Obesity also increases the risk of getting other conditions including:

• Type II diabetes mellitus;
• Diseases of the heart and blood vessels (for example, high blood pressure, heart attacks, and stroke);
• Respiratory conditions (sleep apnea, asthma, COPD);
• Osteoarthritis;
• Mental conditions (for example, depression and anxiety); and
• Cancers of the esophagus, pancreas, colon, rectum, kidney, ovaries, gallbladder, breast cancer, or liver cancer.

The fact that obesity increases the risk of having another illness does not mean that you do have these conditions. It simply means you are at greater risk of having other severe medical conditions.

SSA LOOKS AT ALL THE EVIDENCE IN A CLAIM FOR OBESITY

When the SSA looks at your obesity, they consider evidence from all sources. The SSA considers all of your symptoms, such as fatigue or pain that could limit your ability to function. They consider any problems you have doing basic work activities that result from obesity and from any other medical condition.

If your obesity, alone or in combination with another condition, significantly limits your physical or mental ability to do basic work activities, then the SSA will find your condition is severe. The SSA will find your condition is “not severe” at step two if it does not significantly limit your physical or mental ability to do basic work activities.

No specific weight or BMI denotes obesity as a “severe” or “not severe” physical condition. Similarly, medical terms for levels of obesity, such as “severe,” “extreme,” or “morbid,” do not establish as obesity a severe condition for the SSA. The SSA assesses the effect of obesity on your ability to function when they decide whether your obesity is a severe condition.

OBESITY CAN EQUAL AN SSA LISTING

Obesity is no longer a physical condition that has an SSA listing. Therefore, there is no way to meet a listing, because there is none for obesity. However, the limits caused by obesity, alone or in combination with another medical condition, may equal a listing. For example, obesity may increase the symptoms of another illness. If so, then the combination of your medical conditions equal a listing.

The SSA will consider whether a person may have physical limits. Those limits will be in your ability to sit, stand, walk, lift, carry, push and pull.  A person may also have limits in other important areas. These areas are your ability to climb, balance, stoop, kneel, crouch and crawl.

Obesity increases stress on weight bearing joints. It may cause you to have a limited range of motion in your spine, arms and legs. For instance, obesity can cause fatty tissue in your hands and fingers. That may affect your ability to use and hold small objects. Additionally, obesity can make it difficult to deal with extreme heat or hazards. Finally, obesity can also cause problems with the veins in your legs. Learn about filing an application for SSD benefits due to varicose veins.

OBESITY AND DIABETES MELLITUS – SOCIAL SECURITY RULING 14-2P

Obesity is one of the main conditions that often occurs with Diabetes. The SSA states that if you have both Diabetes and obesity, then they must be considered together.

In 2014, the SSA published Social Security Ruling 14-2p, which looks at diabetes in children and adults.  The Ruling covers two forms of diabetes: Diabetes Mellitus Type 1 (usually in children) and Diabetes Mellitus Type 2 (adult onset).

In order to win benefits for diabetes, the disease must impact another under body system.  For example, if a person has heart failure from diabetes, then the SSA will use listing 4.00.

The SSR states that diabetes impacts the following body systems. It also points the SSA judge to other medical conditions as follows:

• Amputation under the skeletal system (1.00).
• Diabetic retinopathy, under the special senses and speech listing (2.00).
• Hypertension, cardiac arrhythmias, and heart failure, under the cardiovascular system listing (4.00).
• Gastroparesis and ischemic bowel disease, under the digestive system listing (5.00).
• Diabetic nephropathy, under the genitourinary listing (6.00).
• Slow-healing bacterial and fungal infections, under skin disorders (8.00).
• Diabetic neuropathy, under the neurological listing (11.00).
• Cognitive disorders, depression, anxiety, and eating disorders, under the mental conditions listing (12.00).

OBESITY AND YOUR RESIDUAL FUNCTIONAL CAPACITY

To show how your obesity impacts your ability to perform daily activities, the SSA will assess your residual functional capacity (RFC). Also, they will look at how obesity impacts your ability to work. For example, fatigue may affect your physical and mental ability to sustain work activity. This may be particularly true in cases that involve obesity and sleep apnea.

Obesity, along with other physical conditions, may be greater than the effects of each condition alone. For example, someone who has obesity and disc disease may have more pain than a person with obesity alone. The SSA will consider all physical and mental conditions. This includes whether they are due to obesity or other kinds of illness.

The SSR on obesity began on May 20, 2019. It remains the same to the present day. If you struggle with obesity, remember that it is one of your physical conditions. Therefore, if it limits your ability to function, the ALJ must consider whether obesity impacts your ability to work.

WHAT TO SAY ABOUT YOUR OBESITY AT THE SSA HEARING

The ALJ must consider obesity when deciding your case. If you have a high BMI, then that fact will appear in your medical records. Therefore, at the hearing, the judge will ask you how your obesity impacts you. This can be a hard question to answer. So, you need to think about it before you go to your hearing. You need to be ready with an answer.

Does your weight make your pain worse? For example, if you are obese, does it hurt your knees to walk up and down the stairs? If so, then tell the judge. The judge is trying to determine whether you work in a job where there are stairs, ramps, and ladders.

Does your obesity make your back pain worse?  If you are obese, it may be difficult to sit for long periods of time. That may impact your ability to do a desk job, like customer service over the phone. Likewise, it may be difficult to stand for eight hours in a work day. If obesity prevents you from standing, then you would not be able to be a cashier.

Depending on your obesity, you may have problems caring for yourself. For example, it may be difficult to get in and out of the bathtub. Or, your obesity may cause fatigue. Fatigue can make it difficult to get to work on time. It can make you take too many breaks during the work day. Additionally, it may cause you to sleep during the day.

Before your hearing, think about all of the ways your obesity impacts you so that you can tell the judge. Being able to explain that some of your problems are from obesity will help you win benefits.

HOW TO APPLY FOR SSD BENEFITS IF YOU HAVE OBESITY

If your obesity interferes with your ability to work, then talk to your doctor about your RFC. You will need to file for SSDI and SSI benefits with the SSA. You can do this on Social Security’s website.

Once you file your application, you may have a long wait before you hear anything from the SSA. There are a number of steps in the SSA process that can take up to two years. Before you file, make sure your doctor supports your application for benefits. Ask your doctor to write about your obesity and how it impacts you. Also, ask your doctor to state that you cannot work due to your obesity and other medical problems.

You are responsible for getting your medical records. In addition to medical records, you’ll also need your birth certificate and tax information. Sending some forms or only half of the medical evidence is not a good idea. This forces the SSA to take extra time to collect the information themselves. If they cannot collect your records, then they will deny your benefits.

If there are any new visits to the hospital, submit them. Or, if you have new progress notes from your doctor, then send those to the SSA. The more medical evidence you have proving your limits, the better your chance of winning benefits. If you do not have medical evidence, then request an SSA doctor exam. The SSA provides these kind of exams at no cost to you.

WHAT WE DO TO HELP YOU WIN SSD & SSI BENEFITS 

You do not need to try to win benefits on your own. Our law firm can help file your application for SSD benefits. Also, we can help you file an appeal after every SSA denial. That way, you can focus on your health. Our attorneys and staff can:

• Send you the paperwork you need to become our client
• Help you file your application for SSDI and SSI benefits
• Inform the SSA they should pay your benefits under the Compassionate Allowance Rules
• Request a second review if you receive an initial denial
• Help you confirm your SSA doctor exam
• Request a Hearing with an Administrative Law Judge
• Prepare you to testify at your ALJ hearing
• Represent you at your hearing and question the expert witnesses
• Read about job expert testimony
• Learn about medical expert testimony
• Request review of an SSA decision with the Appeals Council
• Request review of an Appeals Council denial in Federal Court

If you file your application for benefits on Social Security’s website, then you have 6 months to complete it. However, if you have a medical condition that automatically wins SSD benefits, you should not wait to finish your application. Once you submit your application online, the SSA sends you a summary of your application in the mail. You must sign the summary and mail it back. Otherwise, they will not process your application.

THE LEGAL EXPERIENCE YOU NEED TO WIN BENEFITS

We are one of the best Social Security law firms in the country. For example, we are one of the best Social Security law firms in Las Vegas, Nevada.

You can find information about our legal services in other states. Nevada SSD Information is also available. We also have many clients in Idaho. Find out about Colorado SSDI benefits. Likewise, if you are from California, California SSDI and SSI information is available.

Over the last 30 years, our law firm has won thousands of SSDI and SSI claims. Additionally, we have won over $100 million in ongoing and past due SSD benefits. If you wonder whether you should apply for benefits, then contact our law firm. Learn about Utah SSDI benefits.

In order to fight the SSA’s denials, you need a lawyer with experience. For example, Dianna Cannon has been helping people seeking benefits for over thirty years. Likewise, Brett Bunkall and Andria Summers have many years of legal experience. If you would like to learn about the lawyers at our law firm, then review our About Us page.

IS HIRING OUR LAW FIRM EXPENSIVE?

No. We are not expensive, because we only charge you an attorney fee if we win your case.

It also doesn’t cost you any money to hire us. Why? Because you only pay us an attorney fee if we win your case. This means if we win, then you pay us out of your back benefits. If you do not win your benefits, then you do not pay an attorney fee. How much is the fee? It is 25% of your back benefit.

Also, the SSA has set a fee cap set of $9200. Therefore, you never pay more than the fee cap at the hearing stage of your case. And, 25% of your back benefit is usually less than the cap. You will pay whatever amount is less between the fee cap and 25% of your back benefit. And only if you win.

If there are costs in your case, like getting medical records, then you pay for those costs. But the costs are usually less than $100. If a doctor charges for copies of your medical records, then that is your cost.

You will owe the costs in your case whether we win or lose your case. However, your attorney fees come from your back benefit. Also, you pay the fee if we win your case.

We will use our skills to help you through the Social Security appeal process. It is our goal to make filing for SSDI and SSI benefits easier for you. We offer a free review of your obesity case. Even if we don’t accept your case, we will still try to help you.

OUR LAW FIRM CAN HELP YOU WIN YOUR OBESITY CASE

At Cannon Disability Law, we can help you apply for obesity benefits. In our office, we have lawyers and staff who can help you complete your application. Typically, we help you file your application on Social Security’s website. Also, if you receive a denial, then we can help you appeal it. If you hire us, then we will appeal your case for you.

Likewise, if you have a hearing, then we will represent you. One of the things we do is help you testify at your hearing. We meet with you before the hearing. At the meeting, we talk about how to answer questions. We also let you know what kind of questions the judge will ask. Learn what happens at your SSA hearing.

Finally, we will use our skills to help you through the Social Security benefit process. Obviously, it is our goal to win your case. But, it also our goal to make filing for SSDI and SSI benefits easier.

As a result, we offer a free review of your case. If you call, then there is no pressure to become a client. You can ask us questions. We will answer. Even if we don’t accept your case, we will still try to help you. Likewise, we will answer your questions about your obesity case.