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Disabilities: degenerative disc disease and status post lumbar laminectomy
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 meets the insured status requirements of the Social Security Act through December 31, 2012.
2. The claimant has not engaged in substantial gainful activity since May 18, 2006, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
The claimant's earnings record show earnings of $27,822.18 in 2006 and $10,305.01 self employment earnings in 2007 (Exhibit 3D/2). The claimant testified that he stopped working on May 18, 2006, but received payment for referring clients to his friends who work in property management. These earnings would ordinarily indicate that he had engaged in substantial gainful activity. For self-employment earnings, it is even more likely that they are indicative of substantial gainful activity. However, for the purposes of this decision, the undersigned concludes that the claimant did not engage in substantial gainful activity, because he was not disabled during this period of earnings, as discussed in detail below.
3. Since the alleged onset date of disability, the claimant has had the following severe combination of impairrnents: degenerative disc disease and status post lumbar laminectomy (20 CFR 404.1520(c)).
The undersigned finds that the claimant's impairment of adjustment disorder with depressed mood "is not severe". Treatment notes from Daniel Kesden, M.D., the claimant's primary care physician dated July 10, 2007 through October 8, 2007 note depression. However, they contain no mental status observations or diagnosis of mental illness (Exhibit 15F/1-3).
On August 6, 2007, the claimant underwent a consultative psychological examination with Michael Simpson, M.D. The claimant reported that he experienced depression. However, the examination showed that he had a depressed mood but his appearance was good and he had no evidence of anxiety. His IQ was high average, had no problems with speech, and recent and remote memory were intact. His diagnosis of the claimant's condition was adjustment disorder with depressed mood (Exhibit 13F).
Medical notes from Orthopedic Associates dated October 5, 2007, showed that the claimant was treated for pain. He voiced concerned about a persistent depressed mood and was referred to a psychologist. However, he was seen on November 30, 2007, for follow-up on pain and there was no change since his last visit. He was again referred to a psychologist (Exhibit 18F/2-7). On December 13, 2007, the claimant was seen by Alec Roth, Ph.D., psychologist. The claimant denied any previous contact with mental health professionals. Dr. Roth reported that the claimant's thoughts were clear and goal-directed with no evidence of a formal thought disorder.
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