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CJ Henry Law Firm, PLLC

SSDI and Obesity

  • Published: June 24, 2014

If your obesity has contributed to your disability, your Ocala Social Security disability benefits lawyer can explain how this can impact your case.

Body Mass Index

Body mass index is used to evaluate obesity levels. This measurement is weight divided by height, multiplied by 704.5. Your Ocala Social Security disability benefits lawyer can explain that your waist size is also taken into account, with a larger size permitted for men.

Prescribed Treatment

While obesity can impact your disability, your Ocala Social Security disability benefits lawyer can explain that if you fail to follow the treatment prescribed by your health care provider, you may be denied Social Security disability benefits. One relevant ruling states that benefits will not usually be denied due to the failure to follow prescribed treatment. However, you should still be ready to talk about your attempts to try to lose weight as part of your disability hearing. Your health care provider may also be called to provide testimony about how you have tried to lose weight but have been unsuccessful. However, there is a difference between a doctor saying you should lose weight and him or her actually prescribing this treatment. For it to be considered a prescription, a physician must expect that the treatment prescribed will allow you to go back to work.

If you would like more information about how your obesity can affect your claim, contact the Ocala Social Security disability law office of CJ Henry Law Firm, PLLC by calling us at (352) 304-5300.

Claudeth Henry

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