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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: epilepsy, degenerative disc disease in the cervical and lumbar spine, low back pain, depression, anxiety disorder, rheumatism, COPD, fibromyalgla, hearing loss
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 June 30, 2008.
2. The claimant has not engaged in substantial gainful activity since July 2, 2007, the amended alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
3. The claimant has the following severe impairment(s): epilepsy, degenerative disc disease in the cervical and lumbar spine, low back pain, depression, anxiety disorder, rheumatism, COPD, fibromyalgla, hearing loss (20 CFR 404.1520(c)).
The claimant has 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: moderate 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.
4. The claimant does not have an impairment or combination of impainnents 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 sedentary work as defined in 20 CFR 404.1567(a), due to reduced concentration caused by an affective disorder, the claimant is unable to perform unskilled work.
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 404.1529 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.
The claimant was seen by Dr. Campitelli in July 2005 for her chronic low back pain and seizures. In February 2006 she was seen for her chronicback pain and anxiety and by November 2007, Dr. Carnpitelli noted chronic back pain, knee pain, epilepsy, sleep disorder and migraines. The claimant was also seen at Wellington Regional Medical Center in June 2007 for anxiety and epilepsy, chronicback pain, diarrhea and chest pain. In July 2007 she was diagnosed with lesions onthe spleen. Treating physician, Dr. Raso, diagnosed lumbago and degenerative disc disease in 2007. In January through March 2008, he treated her with steroid injections. He also prescribed Percocet, Celebrex for pain. By March 2008 Dr. Campitelli noted tinnitus and paresthesias in the right arm and leg. By June 2008 Dr. Barron noted bilateral foot pain and tingling in the legs, right hand and forearm. The claimant's rheumatoid factor was positive. In February 2008 notes show moderate to high frequency hearing loss.
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