Overweight or obese individuals applying for Social Security Disability benefits do not qualify as disabled based on their weight alone. While a person’s weight, specifically a Body Mass Index (BMI) measurement greater than 30 qualifies them as ‘obese,’ no specific weight or BMI establishes obesity as a severe impairment within the Social Security Disability program. This wasn’t always the case.
Social Security Disability’s Listing for Obesity
The SSA Blue Book previously listed “Obesity” in their Federal Register, under listing 9.09. On August 24th, 1999, the SSA published a final rule deleting listing 9.09, Obesity, from the Listing of Impairments. The final rule became effective on October 25th, 1999.
The SSA issued an explanation for deleting listing 9.09. They stated that the criteria in the listing were not appropriate indicators of listing-level severity. And, that the criteria in the listing did not represent a degree of functional limitation that would prevent an individual from engaging in any gainful activity.
This was the old listing criteria in effect from 1993 until 1999:
SSA’s Former Obesity Listing Criteria
“9.09 – Obesity. Weight equal to or greater than the values specified in Table I (Example: Male, 6ft tall, 336 lbs. – disabled) and Table II (Example: Female, 5’6” tall, 274 lbs. – disabled).
(100 percent above the desired level), and one of the following:
A. History of pain and limitation of motion in any weight-bearing joint or the lumbosacral spine (on physical examination) associated with findings on medically acceptable imaging techniques of arthritis in the affected joint or lumbosacral spine; or
B. Hypertension with diastolic blood pressure persistently more than 100 mm. Hg measured with appropriate size cuff; or
C. History of congestive heart failure manifested by past evidence of vascular congestion such as hepatomegaly, peripheral or pulmonary edema; or
D. Chronic venous insufficiency with superficial varicosities in a lower extremity with pain on weight bearing and persistent edema; or
E. Respiratory disease with total forced vital capacity equal to or less than 2.0 L. or a level of hypoxemia at rest equal to or less than the values specified in Table III-A or III-B or III-C..”
Recent Updates to Social Security Disability’s Obesity Regulations
SSA continues to update their regulations regarding obesity. There are three updates on the books to date. First on May 15th, 2000, with SSR 00-3p, again on September 12th of 2002 with SSR 02-1p, and finally, the most recent being Social Security Regulation (SSR) 19-2p enacted on May 20th, 2019. Below, we’ve gathered the most relevant information from SSA’s current guidance.
How Social Security Evaluates Obese People
Despite SSA deleting the listing, they do consider obesity in relationship to your impairment. When evaluating your claim, SSA considers any symptoms such as fatigue or pain that limit functioning. This includes any functional limitations in the person’s ability to do basic work activities resulting from obesity. Obesity is generally associated with musculoskeletal, respiratory, cardiovascular, and endocrine disorders, which may make it more challenging to meet work demands. If the person’s obesity, alone or in combination with another impairment(s), significantly limits a claimant’s ability to do basic work, the SSA finds that the impairment(s) is severe.
Social Security associates obesity with various listed impairments such as diabetes, heart diseases, respiratory issues, osteoarthritis, and certain cancers. This means that individuals with obesity have a higher risk for these medical disorders, which SSA considers in assessing disability claims.
For SSA to consider obesity in a disability claim, it must be supported by objective medical evidence and recognized as a medically determinable impairment (MDI), indicating anatomical, physiological, or psychological abnormalities.
What Does SSA Consider Obese in Assessing a Person’s RFC?
The SSA also considers the limiting effects of obesity when assessing a person’s RFC. RFC stands for residual functional capacity. It is defined as the most an adult can do despite his or her limitation(s). As with any other impairment, SSA will explain how we reached our conclusion on whether obesity causes any limitations. The RFC assessment evaluates a person’s ability to perform basic functions like standing, sitting, stooping, bending, lifting, carrying, pushing, and other routine movements. SSA will look at whether obesity affects these abilities, potentially making it more difficult to complete job-related tasks.
Obesity can also contribute to psychological impairments like depression, anxiety, and social isolation, which may further impact one’s ability to sustain employment.
A person may have limitations in any of the exertional functions. Exertional functions are sitting, standing, walking, lifting, carrying, pushing, and pulling. A person may also have limitations in the non exertional functions of climbing, balancing, stooping, kneeling, crouching, and crawling.
Obesity increases stress on weight-bearing joints. It may also contribute to limitation of the range of motion of the skeletal spine and extremities. Obesity may also affect a person’s ability to manipulate objects. Especially if there is adipose (fatty) tissue in the hands and fingers.
SSA may assess obesity severity based on a pattern of BMI over time and, in some cases, waist circumference. This evaluation helps determine if obesity contributes significantly to one’s functional limitations.
Providing adequate documentation, such as BMI records, doctor’s exam notes, and any test results showing related impairments, is crucial. SSA uses this medical evidence to fully understand how obesity limits an individual’s functionality.
The SSA assesses the RFC to show the effect obesity has upon the person’s ability to perform routine movement and necessary physical activity within the work environment. Obese people may have limitations in their ability to sustain a function over time. In cases involving obesity, fatigue may affect the person’s physical and mental ability to sustain work activity. This may be particularly true in cases involving obesity and sleep apnea.
The SSA may involve a vocational expert who analyzes your limitations and helps determine if you can perform any job. If the expert finds that obesity significantly limits basic work functions and that no suitable work exists given the applicant’s restrictions, benefits may be awarded.
In conclusion, the combined effects of obesity with another impairment(s) may be greater than the effects of each of the impairments considered separately. For example, someone who has obesity and arthritis affecting a weight-bearing joint may have more pain and functional limitations than the person would have due to the arthritis alone.
If you or someone you know is considering filing for or appealing denied disability benefits, we’d be happy to help. Contact us today for a free consultation.
