Important: We updated this article in September 2024 after reviewing current Social Security Administration policies and study data. If you or someone you love is overweight or obese, you may wonder if you can get disability for obesity. But the way the Social Security Administration defines disability isn’t the same way you or I might think of it. Instead, the agency looks primarily at whether medical conditions specifically prevent you from working for at least one year. Since obesity is correlated with other conditions that qualify for Social Security disability, the SSA may award you benefits.
That said, you qualify for disability benefits just because you’re obese. Instead, you’ll need to show how your symptoms and other health conditions make working 40 hours each week impossible.
To better understand what obesity is, how it can limit a person’s ability to work and get benefits, keep reading.
Is Obesity a Disability That Qualifies for Benefits: Key Takeaways
- Obesity doesn’t appear in the Social Security Administration Blue Book as a listed impairment. But obesity combined with other health issues can equal a severe impairment in the SSA Blue Book.
- Obesity is far more prevalent among people who file for Social Security disability benefits than in the general population.
- People who are obese often have other health issues that qualify for disability benefits, making claim approval easier.
- A 2013 study found obese people are at higher risk to develop a disability (42%) than those with lower BMIs. The most common disabilities reported by obese individuals are routine movement difficulty (32.5%) and work limitations (16.6%).
- Working with a disability lawyer can nearly triple your chances for benefit approval within 6 months on your first try.
What is Obesity?
Obesity is a medical condition that describes carrying excessive body weight in relation to height. There are different levels of obesity, ranging from classifying someone as overweight to morbid obesity. There can be other causes too, including genetics, certain medications, and some diseases.
Obesity can cause or exacerbate other health conditions, including:
- Anxiety
- Arthritis
- Back problems
- Chronic pain (especially in weight bearing joints, like the knees and hips)
- Diabetes
- High blood pressure (also called hypertension)
- Depression
- Heart disease
- Osteoarthritis
- Sleep apnea
Statistics show more than 100 million Americans are obese, and at least 22 million adults are morbidly obese. People with a high school diploma or some college are most likely to be obese, followed by those who did not graduate high school. Age hasn’t been shown to be a significant factor in obesity.
Obesity can have more than medical ramifications. People who are obese can also suffer from mood issues and decreased self-esteem. All of these can negatively affect an obese person’s quality of life.
The Role of Body Mass Index in Diagnosing Obesity
Body Mass Index (BMI) is the current standard by which a person’s health is evaluated via their body weight. Doctors determine each person’s BMI by dividing the person’s weight in kilograms by the square of his or her height in meters. This chart can provide more insight on BMI standards of measurement.
There are three levels of obesity, based on the person’s current BMI level:
- 30-34.9 BMI: Class I Obesity
- 35-39.9 BMI: Class II Obesity
- 40 BMI or higher: Class III Obesity
Morbid obesity also includes anyone age 35 or older with weight-related health problems (like acid reflux, hypertension, or diabetes). Also, women with a waist size of at least 35 inches are considered obese; for men, it’s 40 inches.
In addition, according to recent SSA data, a large percentage of disability applicants are obese. A 2013 study found 40.2% of Social Security disability applicants were obese, on average. Compare that to a 28.8% obesity rate in the U.S. working-age population during that time period.
Is Obesity a Disability According to the ADA?
The Americans with Disabilities Act, or ADA, is a federal law that protects disabled people from discrimination. Because a deeper understanding of obesity now recognizes that it is complex and often affected by genetics, the quality of food available, and socioeconomic elements, experts now question whether obese people should receive ADA protections.
The short answer is that most federal courts do not recognize obesity as a disability under the ADA. Some state and municipal courts in the following areas do recognize it as such, however:
- Texas
- Louisiana
- Mississippi
- New York City
Does Obesity Qualify for Social Security Disability Benefits?
The Social Security Administration (SSA) removed obesity from its Blue Book listing of disabling impairments back in 1999. This doesn’t mean, however, that obesity isn’t a contributing factor on many successful Social Security disability claims. In fact, Social Security considers obesity as an MDI, or medically determinable impairment.
An MDI is any medical condition established by an acceptable medical source under current SSA guidelines. The SSA understands that an individual with multiple MDIs experiences severe symptoms that do not necessarily improve, despite ongoing treatment.
One more thing that can potentially help you get disability for obesity benefits is a Residual Functional Capacity (RFC) assessment. Your doctor will have to fill out and sign this RFC form to show how obesity limits your daily activities.
How the Social Security Administration Evaluates Obesity Disability Claims
The SSA will use the weight and height statistics listed in your medical records to determine if you fall into a BMI range that’s obese. Because obesity alone isn’t a qualifying disability, the SSA will also evaluate the functional limitations your obesity causes as an MDI in your case.
The SSA uses your RFC assessment to determine if you can perform work-related tasks as required by most employers. If you cannot stand or walk for 8 hours, then the agency looks for sedentary jobs that might hire you. Disability approval often depends on your unique education, skills, experience, job history, age, and location when you file.
Documenting Obesity’s Impact on Your Daily Activities
Because the SSA evaluates your ability to perform basic work activities, start documenting how obesity significantly limits your daily life. We suggest keeping a journal of how your obesity limits necessary physical activity, like:
- General mobility, including whether you can still drive or not
- Your ability to walk and stand without help
- Whether you can bend, squat, and stoop down, if needed
- If you can carry objects of a certain weight for any distance
Make copies of any past job reviews that mention your ability to perform your work functions in a negative light. Evidence like this can provide solid support for your disability claim in addition to your medical records.
Medical Evidence and Related Health Conditions That Can Help Support Your Case
Gather any medical records that specifically relate to your obesity diagnosis or symptoms to include with your disability application. Some examples of objective medical evidence might include:
- Treatment notes from all medical providers you see regularly
- Physical therapy records
- BMI reports
- Lab test results
- Heart function, EKG and stress tests, if applicable
- Psychological evaluation results from your therapist, if you have them
Health records for other conditions (especially the ones we listed above) can also strengthen your claim for obesity disability benefits.
How Much Does Disability Pay After Approval?
The amount of money you can receive in obesity disability benefits depends on which program awards you monthly payments:
- Social Security Disability Insurance (SSDI) pays workers younger than 67 who cannot work for a year due to becoming disabled. In 2024, the highest SSDI payment available is $3,822 per month. However, most people get closer to $1,537, which is the national average for people of all ages.
- Supplemental Security Income (SSI) pays children and adults who are disabled, blind, or at least 65 based on financial need. Eligible individuals can receive no more than $943 per month, while couples get a maximum of $1415 in SSI.
You must work at least 5 in the last 10 years while paying into Social Security to qualify for SSDI.
SSI has no work history requirement, but you must have very little income and few assets to get those payments. For individuals, the asset limit is $2,000; couples can own no more than $3,000 in resources, including bank accounts.
No matter which federal program you apply for, your monthly income must be less than $1,550 to qualify. That income limit increases to $2,590 if you’re blind when you apply.
Get Free Expert Help Qualifying for Obesity Disability Benefits
We’ve given you a lot of information to think about, and you may feel overwhelmed. But here’s one last piece of advice: Talk to a disability attorney for free before you start the application process. We can connect you with one in your area for a free claim evaluation over the phone.
This free consultation is a fast, easy way to learn whether you may qualify before filling out stacks of paperwork. You don’t have to work with the attorney who calls you or do anything else. Taking things a step further or having that lawyer help you file is always entirely up to you.
What’s more, all Social Security attorneys work on contingency. That means if the Social Security Administration doesn’t award you disability for obesity, you owe $0 in legal fees. And if you’re successful, then you only owe one small fee afterwards.
Ready to get started? Click the button below to start your free online benefits quiz now and see if you may qualify:
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Lisa Allen is a writer and editor who lives in suburban Kansas City. She holds MFAs in Creative Nonfiction and Poetry, both from the Solstice Low-Residency Program in Creative Writing at Pine Manor College. Prior to becoming a writer, Lisa worked as a paralegal, where she specialized in real estate in and around Chicago.
