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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: ulcerative colitis, chronic back pain, and migraines.
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
Alter careful consideration of the entire record, the undersigned makes the following findings:
1. The claimant's date last insured is December 31, 2010.
2. The claimant has not engaged in substantial gainful activity since January 8, 2008, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
3. The claimant has the following severe impairment(s): ulcerative colitis, chronic back pain, and migraines. (20 CFR 404.1520(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)).
Dr. John Griscom, a medical expert, was present and testified at hearing. After a review of the medical records, Dr. Griscom testified that the claimant's severe impairments, either singly or in combination, did not meet or equal a listed impairment.
5. The claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) except that he can lift and/or carry 20 pounds occasionally and 10 pounds frequently; stand and/or walk 6 hours and sit 6 hours in a eight-hour workday, with an occasional ability to climb ramp/stairs/ladders/ropes/scaffolds, balance, stoop, kneel, crouch, crawl, and reach, and is unable to engage in work-related activities on a regular and sustained basis; that is for 8 hours a day, 5 days a week or an equivalent schedule by reason of his need to take a break once an hour of five-minute duration, and of being absent from work more than 2-3 days a 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 SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and SSRs 96-2p, 96-6p and 06-3p.
The claimant was diagnosed with ulcerative colitis in the 1980s and reported more than twenty years of active disease. (Ex. 7F) Medical records of Dr. Robert Barbarite, indicate claimant has been in his care for the period of April 4, 2005 thru June 4, 2008. He was treated consistently for ulcerative colitis flare ups, costochondritis, tenosynovitis of the left elbow, dermatitis of the right calf, osteoporosis, and dizziness. A carotid ultrasound was negative. (Ex. 3F, 12F)
The claimant has also been in the care of Dr. Douglas M. Weissman, a gastroenterologist, from March 18, 2005, to October 18, 2008. An endoscopy of March 25, 2005, documented a hiatal hernia, and a colonoscopy of January 15, 2006, showed ulcerative colitis, multiple chronic diverticulitis, and internal hermorrhoids. (Ex. 5F/6, 11) The claimant was seen on February 25, 2008 for rectal bleeding and colitis, where he was prescribed his anti-inflammatory medications, prednisone and asacol. (Ex. 5F) The claimant returned to Dr. Weissman with a complaint of rectal bleeding, gerd, and colitis.
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