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Donald H. Peters

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Effects of obesity

Obesity is a medically determinable impairment that is often associated with disturbance of the respiratory system, and disturbance of this system can be a major cause of disability in individuals with obesity. The combined effects of obesity with respiratory impairments can be greater than the effects of each of the impairments considered separately. Therefore, when determining whether an individual with obesity has a listing-level impairment or combination of impairments, and when assessing a claim at other steps of the sequential evaluation process, including when assessing an individual's residual functional capacity, adjudicators must consider any additional and cumulative effects of obesity.

Chronic pulmonary insufficiency

  1. Chronic obstructive pulmonary disease due to any cause, with the FEV1 equal to or less than the values specified in table I corresponding to the person's height without shoes. (In cases of marked spinal deformity, see 3.00E.);
  2. Table I

    Height Without Shoes (Centimeters)Height Without Shoes (Inches)FEV1 Equal to or less than (L,BTPS)
    154 or less 60 or less 1.05
    155-160 61-63 1.15
    161-165 64-65 1.25
    166-170 66-67 1.35
    171-175 68-69 1.45
    176-180 70-71 1.55
    181 or more 72 or more 1.65

    OR

  3. Chronic restrictive ventilatory disease, due to any cause, with the FVC equal to or less than the values specified in Table II corresponding to the person's height without shoes. (In cases of marked spinal deformity, see 3.00E.);
  4. Table II

    Height Without Shoes (Centimeters)Height Without Shoes (Inches)FEV1 Equal to or less than (L,BTPS)
    154 or less 60 or less 1.25
    155-160 61-63 1.35
    161-165 64-65 1.45
    166-170 66-67 1.55
    171-175 68-69 1.65
    176-180 70-71 1.75
    181 or more 72 or more 1.85

    OR

  5. Chronic impairment of gas exchange due to clinically documented pulmonary disease. With:
    1. Single breath DLCO (see 3.00Fl) less than 10.5 ml/min/mm Hg or less than 40 percent of the predicted normal value. (Predicted values must either be based on data obtained at the test site or published values from a laboratory using the same technique as the test site. The source of the predicted values should be reported. If they are not published, they should be submitted in the form of a table or nomogram)
    2. OR

    3. Arterial blood gas values of PO2 and simultaneously determined PCO2 measured while at rest (breathing room air, awake and sitting or standing) in a clinically stable condition on at least two occasions, three or more weeks apart within a 6-month period, equal to or, less then the values specified in the applicable table III-A or III-B or III-C:
    4. Table III-A

      (Applicable at test sites less than 3,000 feet above sea level)

      Arterial PCO2 (mm Hg) andArterial PO2 Equal to or Less than (mm Hg)
      30 or below 65
      31... 64
      32... 63
      33... 62
      34... 61
      35... 60
      36... 59
      37... 58
      38... 57
      39... 56
      40 or above 55

      Table III-B

      (Applicable at test sites 3,000 through 6,000 feet above sea level)

      Arterial PCO2 (mm Hg) andArterial PO2 Equal to or Less than (mm Hg)
      30 or below 60
      31... 59
      32... 58
      33... 57
      34... 56
      35... 55
      36... 54
      37... 53
      38... 52
      39... 51
      40 or above 50

      Table III-C

      (Applicable at test sites over 6,000 feet above sea level)

      Arterial PCO2 (mm Hg) andArterial PO2 Equal to or Less than (mm Hg)
      30 or below 55
      31... 54
      32... 53
      33... 52
      34... 51
      35... 50
      36... 49
      37... 48
      38... 47
      39... 46
      40 or above 45

      OR

    5. Arterial blood gas values of PO2 and simultaneously determined PCO2 during steady state exercise breathing room air (level of exercise equivalent to or less than 17.5 ml O2 consumption/kg/min or 5 METs) equal to or less than the values specified in the applicable table III-A or III-B or III-C in 3.02 C2.

Asthma

With:

  1. Chronic asthmatic bronchitis. Evaluate under the criteria for chronic obstructive pulmonary disease in 3.02A
  2. OR

  3. Attacks (as defined in #300c), in spite of prescribed treatment and requiring physician intervention, occurring at least once every 2 months or at least six times a year. Each in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.

Cystic Fibrosis with:

With:

  1. An FEV1 equal to or less than the appropriate value specified in table IV corresponding to the individual's height without shoes. (In cases of marked spinal deformity, see. 3.00E.)
  2. OR

  3. Episodes of bronchitis or pneumonia or hemoptysis (more than bloodstreaked sputum) or respiratory failure (documented according to 3.00C, requiring physician intervention, occurring at least once every 2 months or at least six times a year. Each inpatient hospitalization for longer than 24 hours for treatment counts as two episodes, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of episodes
  4. OR

  5. Persistent pulmonary infection accompanied by superimposed, recurrent, symptomatic episodes of increased bacterial infection occurring at least once every 6 months and requiring intravenous or nebulization antimicrobial therapy.

Table IV


(Applicable only for evaluation under 
3.04A - cystic fibrosis)

Height Without Shoes (Centimeters)Height Without Shoes (Inches)FEV1 Equal to or less than (L,BTPS)
154 or less 60 or less 1.45
155-159 61-62 1.55
160-164 63-64 1.65
165-169 65-66 1.75
170-174 67-68 1.85
175-179 69-70 1.95
180 or more 71 or more 2.05

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Call Social Security Professionals now to discuss your claim for free!

You need no money to hire Attorney Donald H. Peters

(248) 549-3485
FREE CONSULTATION

Call Social Security Professionals now to discuss your claim for free

You need no money to hire Attorney Donald H. Peters

(248) 549-3485
FREE CONSULTATION

Southfield Lawyer Donald Peters of the Law Office of Donald H. Peters, P.C. in Southfield, Michigan, handles Social Security Disability claims throughout Michigan and in the Tri-County Metro Detroit area including Detroit, Southfield, Novi, Warren, Royal Oak, Roseville, Livonia, Mount Clemens, Sterling Heights, Farmington Hills, Birmingham, Berkley, Oak Park, West Bloomfield, Ann Arbor, Eastpointe, Waterford, Flint, Canton, Taylor, Romulus, Westland, Clinton Township, Troy, Dearborn, Brighton, Howell, Pontiac, Rochester Hills,  as well as Wayne County, Oakland County, Macomb County, Ingham County, and Livingston County, Michigan.

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For the most up to date content regarding Social Security Disability please reference the Social Security Administration's website.

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