| Social Security has a set of Impairment | | | | problem and not her "obesity."In another case |
| Listings. At one time "obesity" had an | | | | I had the applicant was a man who was over |
| impairment listing. Thus, if the applicant | | | | 375 pounds with congestive heart failure. |
| was of a certain height and weight, then the | | | | Again, prior to 1999 he would have met the |
| applicant received Disability. For example, | | | | "obesity" listing. Instead, we had the |
| if you were 5'2" and 300 pounds, then you | | | | hearing and the judge denied the claim on the |
| were well on your way to winning a Disability | | | | grounds he had not done enough to lose |
| Case if you had any impairments in addition | | | | weight. The United States District Court |
| to your "obesity".In 1999, Social Security | | | | reversed the social security judge and we are |
| changed the Rules and deleted the Impairment | | | | awaiting a new hearing. But again, this case |
| Listing for "obesity". Social Security did | | | | shows the rules have changed and "obesity" no |
| say it would consider the effects of | | | | longer is the "slam dunk" winner it once |
| "obesity" with regard to other listed | | | | was.This may be considered AN ADVERTISEMENT |
| impairments such as respiratory impairments, | | | | or Advertising Material under the Rules of |
| cardiovascular impairments, and | | | | Professional Conduct governing lawyers in |
| muscoloskeletal impairments (back | | | | Virginia. This note is designed for general |
| problems).In a recent case I had a young lady | | | | information only. The information presented |
| who was 400 pounds and had spinal stenosis. | | | | in this note should not be construed to be |
| Prior to 1999, she probably would have met | | | | formal legal advice nor the formation of a |
| the Impairment Listing for "obesity". Since | | | | lawyer/client relationship.Gerald G. |
| the rules have changed, we had to go to a | | | | Lutkenhaus, has been representing Social |
| hearing before a judge and demonstrate the | | | | Security Disability claimants for 30 years in |
| severity of her back problem. We won but the | | | | the Central Richmond Area in Virginia. |
| primary focus of the decision was on the back | | | | |