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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: Lupus Erythematosus, morbid obesity, 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, I make the following findings:
1. The claimant has not engaged in substantial gainful activity since February 5, 2007, the date the application for supplemental security income was protectively filed. (20 CFR §416.920(b) and §416.971 et seq.).
2. The claimant suffers from the following severe impairment(s): Lupus Erythematosus, morbid obesity, and depression (20 CFR §416.920(c)).
The claimant suffers from the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluating mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix 1: mild restriction in activities of daily living, moderate difficulties in maintaining social functioning, moderate difficulties in maintaining concentration, persistence or pace, and no episodes of decompensation, each of extended duration.
3. The claimant does not suffer from 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 §416.920(d)).
4. The claimant retains the residual functional capacity to perform significantly less than the full range of sedentary work as defined in 20 CFR §416.967(a). The claimant can lift and carry up to 10 pounds on a regular basis. She can sit for 5 hours in an 8-hour workday, stand for 2 hours in an 8-hour workday and walk for 1 hour in an 8-hour workday. I find that the claimant can frequently reach with the right and left hand and can occasionally use her right and left foot. The claimant can occasionally balance, stoop, be expose to unprotected heights, moving mechanical parts, operate a motor vehicle, humidity, wetness, dust, odors, fumes, pulmonary irritants, vibrations, and extreme cold or heat but should never climb ladders, scaffolds, kneel, crouch and crawl.
In making this finding, I 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 §416.929 and SSRs 96-4p and 96-7p. I have also considered opinion evidence in accordance with the requirements of 20 CFR §416.927 and SSRs 96-2p, 96-6p and 06-3p. In addition, I considered SSR 02-1p. Obesity is considered as a severe impairment when, alone or in combination with other medically determinable impairment(s), it significantly limits an individual's physical or mental ability to perform basic work activities. The effects of obesity, in combination with other impairment(s), may or may not increase the severity or functional limitations of the other impairment(s) as in this case (SSR 02-1p).
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