I am at at 41.5 or something and am also quite short. I think if you go back to when you were a kid and then note down all of your serious attempts to lose weight and how much you lost, you can use this as part of your "evidence" to support your claim. If you are pre-diabetic or have sleep apnea, these are co-morbidities and they will often approve people who aren't over BMI 40. Or, if you are close, eat your last few doughnuts, drink a bunch of water and wear heavy clothes to your first surgeon visit. You might get above 40 that way and then there shouldn't be any complaining from the ins. Company. Good luck. I'd love to hear what happens. Keep in touch.