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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: herniated discs, chronic back pain and spinal disorder
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, 2007.
2. The claimant has not engaged in substantial gainful activity since Febmary 15, 2004, the amended alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
The claimant worked after the established disability onset date, but this work activity did not rise to the level of substantial gainful activity.
3. The claimant has the following severe impairment(s): herniated discs, chronic back pain and spinal disorder (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 less than the full range of sedentary work as defined in 20 CFR 404.1567(a). The claimant can lift and/or carry 5 pounds frequently and 10 pounds occasionally. He can sit for less than 6 hours in an 8-hour workday, and stand and/or walk for less than 4 hours in an 8-hour workday. The undersigned finds that the claimant can occasionally climb ramps, stairs, balance, but should never kneel, stoop, crouch, crawl, climb ladders, rope or scaffolds.
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,the claimant testified to low back pain and disc dislocation. He stated that he could walk for four blocks, stand 45-60 minutes, sit for 45-60 minutes and could probably lift 15-20 pounds without hurting himself. His testimony is found to be credible, as it is supported by the evidence in the record.
The relevant medical evidence establishes that the claimant suffers from chronic back pain, herniated discs of the spine, and spinal disorder. He has radiating pain down his left leg to his toes from one quarter to half of the day. VA treatment records showed that the claimant has been treated for recurrent low back pain. Treatment records from David B. Saltzman, D.O., showed that the claimant was treated for intractable persistent back pain. An x-ray of the claimant's lumbar spine dated October 3, 2007 showed lumbar spondylosis, muscle spasm, and L5-S1 degeneration disc disease. Overall, the treatment records reflect complaints that are consistent with the allegations made in connection with this application and appeal.
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