07282017Headline:

Fairfax, Leesburg & Loudoun, Virginia

HomeVirginiaFairfax, Leesburg & Loudoun

Email Doug Landau
Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

Too Short, Too Heavy – Disability Impairment Evaluation

Comments Off

Are there height and weight requirements for the receipt of Social Security Disability payments ? According to Doug Landau of the Herndon law firm ABRAMS LANDAU, Ltd., the answer is "sometimes." In a case recently reported in the NOSSCR "Social Security Forum," a decision by an Administrative Law Judge ("ALJ") was remanded (sent back) by the Appeals Council because the ALJ’s opinion did not have an evaluation of the claimant’s obesity. In this case, the claimant was only 4 feet 11 inches tall. She weighed 158 pounds. Her BMI (Body Mass Index) was 31.9, which fall s under Type I obesity. The Social Security Regulations require consideration of her obesity with her other impairments, as well as its functional impact. In other words, a Federal judge has to look at ALL of the evidence, of all disabling conditions, and how they impact upon each other. The Federal Disability Judges are not supposed to look at each disabling condition in isolation.

If you or someone you know or care for has become disabled as the result of a disease or several disabling conditions, it is imperative that you get an experienced Social Security Disability lawyer. The benefits available for successful claims can last for decades. Please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once so that we can see if we can help you or a loved one with the Social Security Disability case.