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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: lumbar disc space narrowing and diabetes mellitus
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, 2009.
2. The claimant has not engaged in substantial gainful activity since June 30, 2006, the alleged onset date (20 CFR 404.1520(b) and 404.1571 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): lumbar disc space narrowing and diabetes mellitus (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)).
5. The claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) except that he is unable to maintain eight hours of exertion on a sustained basis.
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 404.1529and 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 has a well-documented history of back pain with radiation to the hip and right leg. He has objective evidenceof L4-5 and L5-S1 disc space narrowing (Records from North Broward Medical Center, p. 56). He has been under the care of pain management specialists, who have treated him with numerous medications, sacroiliac injections, and a spinal cord stimulator (Records from Pain Management Strategies).
The claimant also has a documented history of treatment for diabetes mellitus. During the period in issue, he has shown abnormal blood sugar levels, as high as 743 mg/dl (See records from L. Bass, M.D.) He has had complaints of dizziness and blurred vision that required emergency attention (Records from North Broward Medical Center, 5/8/08).
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairment 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 evidence received at the hearing level shows that the claimant is more limited than determined by the State agency consultants. Furthermore, the State agency consultants did not adequately consider the claimant's subjective complaints.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565).
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