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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: cervical and lumbar degenerative disc disease, headaches, morbid obesity, 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 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 September 30, 2006.
2. The claimant has not engaged in substantial gainful activity since February 2, 2005, the amended alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).
3. The claimant has the following severe impairment(s): cervical and lumbar degenerative disc disease, headaches, morbid obesity, and depression (20 CFR 404.1520(c) and 416.920(c)).
The claimant has the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluating mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix 1: mild restriction in activities of daily living, moderate difficulties in maintaining social functioning, mild difficulties in maintaining concentration, persistence or pace, and one to two episodes of decompensation, each of extended duration.
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 significantly less than a full range of sedentary work. The claimant can lift less than 10 pounds frequently and less than 10 pounds occasionally; he can walk/stand for less than one hour in an 8-hour workday and for only 5 minutes at a time; he can sit for only 4 hours in an 8-hour workday and for only 30 minutes at a time; he needs a cane for assistance with ambulation; he requires the option to change position at will; he requires the option to lie down for up to 46 hours per day; he can never climb, balance, stoop, kneel, crouch, or crawl; and due to headaches and back pain, he is likely to be absent more than 4 days per month.
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 CFR 404.1529 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 record indicates that the claimant has been under the care of Veterans affairs physicians for evaluation and treatment of chronic neck and back pain. The treatment notes document complaints of persistent pain and limited mobility. MRI studies revealed degenerative changes in the cervical spine from C5 to C7 and in the lumbar spine at L5-S1 and x-rays showed lordosis consistent with significant muscle spasm. Neurological examination revealed weakness and decreased sensory response in both upper extremities.
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