George Piemonte, NOSSCR Past President

Why Sedentary Jobs Aren’t Always an Option for Morbidly Obese Claimants

Administrative Law Judges often limit morbidly obese claimants to sedentary work. At first glance, that might sound reasonable; after all, sedentary jobs require minimal physical exertion. But here’s the critical flaw: even sedentary jobs can be impossible for individuals with extreme obesity.

The Chair Problem: A Hidden Barrier

According to BIFMA standards, the typical office chair is tested for 275 pounds. That means anyone weighing more than that requires a special bariatric chair—and those chairs aren’t standard in most workplaces. Providing such a chair is considered a reasonable accommodation under the ADA, but here’s the kicker: Social Security cannot factor accommodations into its disability determination.

As SSR 11-2p § II(D)(1)(e) states:

“When we determine whether a person can do other work that exists in significant numbers in the national economy, we do not consider whether he or she could do so with accommodations, even if an employer would be required to provide reasonable accommodations under the Americans with Disabilities Act of 1990.”

So if the job requires a bariatric chair, it’s not truly available to the claimant under SSA rules.

How to Expose This in Cross-Examination

When the vocational expert (VE) testifies that sedentary jobs exist, drill down:

1. Start with the facts:
   • CDC reports the average U.S. adult male weighs 197.9 lbs, and the average female 170.6 lbs.
   • Ask: What is the maximum weight a standard office chair must support without damage?
   • If the VE disputes, demand the source and request a supplemental hearing if necessary.
2. Push the economic reality:
   • Ask: Wouldn’t you agree that most businesses do not stock bariatric chairs due to their high cost?
   • Then: Wouldn’t you agree that providing such a chair is an ADA accommodation?

Go Beyond the Chair

Ask the VE to describe how the sedentary job is actually performed. Then follow up:

• Can morbid obesity interfere with reaching a desk or workbench?
  • If the workspace must be rearranged, that’s another ADA accommodation SSA cannot consider.

Strengthen Your Case Post-Hearing

If necessary, get pictures of typical workstations (Google is your friend) and submit them as rebuttal evidence. Request a supplemental hearing to show the physical impracticality.

Remember, uncontroverted bogus testimony is substantial evidence. Don’t worry about the 5-day rule; you have the right to submit rebuttal evidence: 

• Administrative Procedures Act – 5 U.S.C. § 556(d) “[a] party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.” 

• SSR 96-9p fn 8 – “Whenever a VE is used, the individual has the right to review and respond to the VE evidence prior to the issuance of a decision.” 

• 81 Fed. Reg. 90987, 90991 (Dec. 16, 2016) – “if an ALJ introduces new evidence at or after a hearing, the claimant could use the exception in 20 CFR 404.935(b)(3) and 416.1435(b)(3) to submit rebuttal evidence. The claimant could also rebut evidence introduced at or after the hearing by submitting a written statement to the ALJ. As previously mentioned, we added language to 20 CFR 404.949 and 416.1449 to clarify that the 5-day requirement applies only to pre-hearing written statements, not to post-hearing written statements.” 

Bottom Line

For the morbidly obese, even sedentary jobs may be functionally impossible. Your cross-examination must make that crystal clear. The ALJ needs to understand: this isn’t about willingness, it’s about feasibility under SSA’s own rules.

The views and opinions expressed in this article are the author’s own and do not necessarily reflect the views of NOSSCR, its leadership, or staff.