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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: Right leg pain, a back disorder, obsessive compulsive disorder and depression
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 ANDCONCLUSIONS OF LAW
After careful consideration of the entire record, I make the following findings:
1. The claimant's date last insured is December 31, 2006.
2. The claimant has not engaged in substantial gainful activity since November 22, 2005, the alleged onset date (20 CFR §404.1520(b), §404.1571 et seq., §416.920(b) and §416.971 et seq.).
3. The claimant suffers from the following severe impairment(s): right leg pain, a back disorder, obsessive compulsive disorder and depression (20 CFR §404.1520(c) and §416.920(c)).
4. The severity of the claimant's impairments meets the criteria of §1.04 A, atrophy of the leg muscle, low back pain, loss of motion and neurological problems, §12.04 A and B, §l.02 A, §12.04 A1, c, e, h and fand B 1, 2, 3 and 4 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR §404.1520(d) and §416.920(d)).
In making this finding, I 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 CFR §404.1529 and §416.929 and SSRs 96-4p and 96-7p. I have also considered opinion evidence in accordance with the requirements of 20 CFR §404.l527 and §416.927 and SSRs 96-2p, 96-6p and 06-3p.
The claimant alleges a disability due to a history of low back pain and a right ankle fracture subsequent to a slip and fall accident in August 2001 for which he underwent subsequent open reduction and internal fixation surgery. During a consultative evaluation (CE) in 2005, Dr. Samuel Rand noted that the claimant ambulated with a cane. Treatment notes dated March 16, 2006, revealed that the claiman twas diagnosed with lumbar degenerative disc disease.
In addition, treatment notes dated September 13, 2007, showed that the claimant's diagnosis included status post right lower leg fracture, lumbar degenerative disc disease, left hip degenerative joint disease and left shoulder rotator cufftear. Range of motion of the lumbar spine was to 75 degrees and 10 degrees on extension. In March of 2008, the claimant's right leg was caught in a bus door and he was drug approximately 10 feet. He was diagnosed with closed fracture ofthe right ankle and foot. He was hospitalized from March 21, 2008 through March 24, 2008, due to persistent pain and swelling of the right ankle, which was not controlled with his home medication. An x-ray of the right foot dated April 11, 2008, revealed deformity of the right leg and ankle and soft tissue swelling.
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