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Obesity May be a Qualifying Factor for SSD Benefits

Individuals who cannot perform full-time work due to obesity may qualify for SSD benefits on the basis of a thorough medical record review. A disability lawyer can help them to fight for benefits. The SSA (Social Security Administration) defines obesity as a chronic disease marked by an excess of body fat and usually caused by a combination of genetic, behavioral and environmental factors. It is associated with a number of serious medical conditions such as diabetes, heart disease, and res iratory roblems. Individuals who find it im ossible to erform full! time work due to their obese condition may "ualify for SSD (Social Security Disability) benefits. Till the year #$$$, obesity was included among the im airments listed is the SSA%s blue book. &besity listing has been removed from the book, which makes it rather difficult for obese individuals to win claims for SS' benefits. (owever, Social Security still considers obesity and the extent to which it limits normal functioning when deciding SS' benefits. It is necessary though, that the erson%s obesity is as severe as one of the im airments in the listing. If a erson is too fat to walk, his)her condition may e"ual one of the im airments listed and make them eligible for disability benefits.
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*edical conditions establishing disability are roved by the atient%s medical records, and a detailed medical record review will reveal if the individual "ualifies for SS' benefits. The information obtained from the medical records, including the statements obtained from the treating hysician is used to decide whether an individual "ualifies for disability. A art from this, the information obtained from a erson%s work history (in the case of adults) or academic records (in the case of children) is also used to determine disability. To "ualify for disability benefits the erson%s condition should be causing functional limitations that make working im ossible, or in the case of a child make it im ossible for the child to artici ate in activities a ro riate to its age.

Medical Review Services for Disability Lawyers

Social security disability lawyers are assisted by medical review com anies in their analysis and review of atient medical records. A clear statement of the claimant%s medical condition has to be resented to the +udge by the disability attorney at the hearing level. It has to be made clear to the +udge how severely the claimant is limited by his or her condition. A case resented well to the disability +udge can be won because if the +udge is convinced of the severity of the disability, he)she may rule in the claimant%s favor. ,eliable medical review services focus on accurate analysis and resentation of the medical information that will hel the attorney understand the case and make an effective resentation.

!e "M" Stand on Obesity

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It was in its -une ./#0 annual meeting that the A*A (American *edical Association) ado ted a olicy that recogni1es obesity as a disease that needs a range of medical interventions to advance treatment of obesity and its revention. 2hen obesity is recogni1ed as a disease, it is ex ected to change the way the medical community tackles this condition that affects one!third of Americans. The im ortant consideration now is what im act the A*A%s recognition of obesity as a disease will have on obesity treatment under the A'A (Americans with 'isability Act). The A'A was im lemented to revent discrimination in em loyment based on disability. According to this Act, em loyers cannot discriminate against an em loyee with a disability, who is otherwise "ualified to do a +ob and can do it with a reasonable accommodation. 2ith this latest announcement, there is a likelihood that there will be an increase in the number of eo le claiming for A'AAA (Americans with 'isabilities Act Amendments Act) coverage for obesity. The A*A%s announcement that obesity is a disease may also increase em loyers% erce tion that obesity is an im airment.

!e SSD # "D" $onflict

*oving away from obesity in articular and s eaking more generally, there may be instances when the claim for SS' benefits conflicts with the claim for A'A benefits. Take for instance the case of an em loyee who attem ted to claim both SS' and A'A benefits. The laintiff who worked for some time for her em loyer suffered a stroke that damaged her
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concentration and ability to remember. Since she was unable to return to work at first, she claimed SS' benefits. 2hen she im roved and returned to work, she notified Social Security and was denied benefits as she could work. Soon after, she was terminated from service for not being able to erform her +ob. 3ollowing this, she amended her SS' a lications and succeeded in reclaiming her benefits. Simultaneously, she sued her em loyer under the A'A for not roviding reasonable accommodation so that she could return to work. (er com laint was dismissed on the grounds that she had claimed SS' benefits under total disability. She could not claim A'A com ensation because she was not otherwise "ualified to do the +ob. The laintiff was not given an o ortunity to consider the factual issues and rove whether her . claims were identical or distinct. Since the 3ifth 4ircuit ruled that the laintiff was esto ed from claiming under A'A, the Su reme 4ourt reviewed the 3ifth 4ircuit case. The Su reme 4ourt found that there needn%t be an inherent conflict between SS' and A'A re"uirements. According to the Su reme 4ourt reasoning, the SS' rovisions involved the laintiff%s condition without accommodation whereas the A'A is based on roviding reasonable accommodation for the disability. SS' benefits are granted on the basis of a set of standards for "ualifications. 5o detailed analysis of the claimant%s s ecific work skills or history is needed to determine SS' benefits, whereas such an analysis would be re"uired for a reasonable accommodation analysis for A'A benefits. A'A is based on detailed factual in"uiry. To "ualify under A'A, the disabled erson can ro ose a way to
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erform her +ob that will accommodate her disability. In the absence of such an accommodation, she is totally disabled and can claim for SS' benefits only. If the ro osed accommodation is reasonable, the em loyer can rovide it. 2hether it is reasonable is based on the cost of the accommodation and also whether it re"uired the +ob to be modified in such a way that the em loyee is not doing an essential function of the +ob. If the accommodation is rovided and the claimant acce ts the +ob, she will no longer be eligible for SS' benefits, though some rovisions are there to continue receiving benefits during a trial eriod of work. If the em loyer doesn%t rovide such a +ob, the claimant can continue receiving disability benefits under SS' regulations. The 4ourt found that there may be circumstances when the claim for SS' conflicts with that for A'A com ensation. In such instances, a disability attorney re resenting a client will have to convince the +ury how to reconcile the two claims. (owever, the mere existence of an SS' claim need not totally rule out a successful A'A claim.
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