As a Social Security Disability attorney, I’ve worked with many overweight and obese clients and understand that our weight plays a major role in how we feel and what we are able to do. Those suffering from obesity tend to not only struggle more than the average person with everyday tasks, but they also face more aches and pains, are prone to more accidents, and are more likely to develop ongoing ailments. They also have to deal with the psychological effects that come along with not matching up to the idealized body image in our society
Obesity makes life harder. If you’re already suffering from a disability, it’s likely that your obesity will only exacerbate the symptoms. This is why your weight should be considered when ruling on your disability claim.
Obesity Exacerbates Problems
Unfortunately, not everyone seems to think that way. Not too long ago, National Organization of Social Security Claimants’ Representatives reported on an ALJ who ruled against an obese claimant and subsequently had his decision overturned. But it wasn’t because he said that the obesity didn’t affect the claimant’s ability to work—that would be fine. The problem in this case was that the judge didn’t even think to consider the claimant’s obesity in his decision.
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It has been shown that obesity can exacerbate any number of problems but, if the judge did not believe that was the case in this instance, he could have easily said that in his ruling. In fact, that was really all he had to do—write in his ruling that he didn’t believe the person’s obesity played a role in her disability and explain why.
This claimant was able to overturn the decision and have another hearing, and the only reason that was the case is that the lawyer was paying attention. While obesity itself is no longer considered a disabling condition as it once was, it can contribute to disability issues including joint problems, diabetes, heart and respiratory conditions which all influence your functional capacity to work.
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This is why it is so crucial to have an experienced Social Security Disability attorney working for you. Marc Whitehead and Associates has over twenty years of experience in the disability field and we can help you win your claim.
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