I am often asked can you receive disability if you are obese? The answer is yes with a few conditions and legal analysis. Obesity and or being severely over weight is a serious condition, being obese can lead to severe health care issues and problems. As an attorney I have reviewed and studied the requirements that must be met under some new rules issued by Social Security Disability for obesity.
In appears to me in representation of claimants with severe obesity that many times a major weight bearing joint is affected, meaning a knee, leg, hip, ankle, etc. The reason this is so important as a factor lies in the social security ruling 02-01p(5), does your weight bearing joints and or joint have arthritis and does it affect your ability to ambulate and or walk or stand? I have met with and represented many obese individuals who can no longer walk without the assistance of a cane or walker, there ability to ambulate effectively has stopped, and thus they become disabled.
Losing weight is never easy, and most people I represent simply do not have the money to have surgery to help them with weight loss, so generally under the ruling above it is not a reason alone to deny you disability because you cant afford the weight loss surgery. Many of my clients have tried to lose weight and simply can’t do it.
You need only give us a call if you suffer from severe obesity and or being severely over weight, we would be very pleased to help you. At my law office socialsecuritydenied.com you will speak directly to me, and you can be assured that at my office the most important case is your case.
Daniel L. McMurtry, Esq.