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Disabilities: cerebral vascular accident with left side hemiparesis, right basal ganglia hemorrhage, type II diabetes mellitus (DM) with neuropathy, hypertension (HTN), cardiomegaly 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 December 31, 2012.
2. The claimant has not engaged in substantial gainful activity since November 21, 2006, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
The claimant testified that he stopped working in2006 and did not received unemployment. He reported that the earnings posted in 2007 could be monies from his IRA. Therefore, the undersigned finds that the claimant did not worked after his alleged onset date and the earnings did not rise to the level of substantial gainful activity.
3. The claimant has the following severe impairment(s): cerebral vascular accident with left side hemiparesis, right basal ganglia hemorrhage, type II diabetes mellitus (DM) with neuropathy, hypertension (HTN), cardiomegaly and depression (20 CFR 404.1520(c)).
4. The severity of the claimant's impairments meets the criteria of section 11.14 B and 11.14 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d)).
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 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.
At the hearing, Dr. Griscom testified that in his opinion, he felt the claimant met the requirements for disability under the listings 11.04 B & 11.14 of the Social Security Code of Federal Regulations since his alleged onset date of Novemher 21, 2006. Dr. Griscom testified that the relevant medical records showed that the claimant suffered a stoke in November 2006, which was significant. He testified that the claimant was in ICU and was treated medically and allowed to resolve over time. He experience slurred speech and left sided weakness. Dr. Griscom reported that the claimant was treated with medications for high blood pressure and had damaged area on left side ofbrain. He testified that on June 12, 2007, the claimant was seen at Sunrise Neurology and showed max improvement, but his gait was slightly unsteady and had some slight visual problems. He stated that the claimant had possible peripheral neuropathy in legs due to alcohol or diabetes, maybe both, impingement syndrome of left shoulder and some depression treated by a psychiatrist with medications. Therefore, the claimant was unable to perform even sedentary work. The undersigned notes and accepts the opinion of Dr. Griscom, since it is supported and documented by the evidence in the record. Therefore, the undersigned gives Dr. Griscom's opinion significant weight.
The relevant medical records show that the claimant was admitted to Westside Regional Medical Center on November 21, 2006 and the attending physician diagnosed him with hemorrhagic cerebral vascular accident due to malignant hypertension, hyperglycemia and oral intubation for airway protection. A CT scan of the claimant's brain revealed right basal ganglia hemorrhage.
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