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This piece is a sample case result that an attorney may benefit from on their legal website.
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Disabilities: status-post cervical spine fixation and fusion
Notice of Decision: Fully Favorable
Administrative Law Judge: (Insert Judge's Name)
Office of Disability Adjudication & Review (ODAR): (Insert Name of Hearing Office)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
After careful consideration of the entire record, the undersigned makes the following findings:
1. The claimant's date last insured is December 31, 2008.
2. The claimant has not engaged in substantial gainful activity since November 19, 2005, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).
The claimant worked after the established disability onset date; however, this work was an unsuccessful work attempt.
3. The claimant has the following severe impairment(s): status-post cervical spine fixation and fusion (20 CFR 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)).
5. The claimant has the residual functional capacity to perform less than sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a), the claimant is unable to maintain an 8 hour workday, 5 days per week, due to pain and the effects of medications.
In making this finding, the undersigned considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20 CFR404.1529 and 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and 416.927 and SSRs 96-2p, 96.6p and 06-3p.
The medical evidence confirms that the claimant was involved in a motor vehicle accident in 2005, in which she lost consciousness and was taken to Broward General Hospital. The claimant was diagnosed with fracture dislocation at C3-4 and underwent closed reduction of the cervical fracture subluxation. She also underwent an anterior C3-4 fusion with plate.
Treatment notes from Heldo Gomez,Jr., M.D., confirm ongoing pain and functional limitations, especially with regard to reaching.
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairments could reasonably be expected to produce the alleged symptoms, and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible.
The State agency medical consultants' physical assessments are given little weight because other medical opinions are more consistent with the record as a whole.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
The demands of the claimant's past relevant work exceed the residual functional capacity.
7. The claimant was a younger individual age 18-44 on the established disability onset date (20 CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is a ble to communicate in English (20 CFR 404.1564 and 416.964).
9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity defined above (20 CFR 404.1568 and 416.968).
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