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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: Back disorder (degenerative disc disease), chronic obstrnctive pulmonary disease (COPD), hypertension, hyperkeratosis and metatarsalgia bilateral, cervalgia 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, 2011.
2. The claimant has not engaged in substantial gainful activity since December 1, 2007, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq.; 416.920(b) and 416.971 et seq.).
3. The claimant has the following severe impairment(s): back disorder (degenerative disc disease), chronic obstrnctive pulmonary disease (COPD), hypertension, hyperkeratosis and metatarsalgia bilateral, cervalgia and depression (20 CFR 404.1520(c) and 416.920(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 of activities of daily living; mild difficulties in maintaining social functioning; moderate difficulties in maintaining concentration, persistence or pace; and no episodes of decompensation.
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) and 416.920(d)).
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform less than sedentary work as defined in 20 CFR 416.967(a). The claimant can lift and/or carry less than 10 pounds occasionally; lift and/or carry less than 10 pounds frequently; stand and/or walk less than 2 hours in an 8-hour work day; and can sit less than 6 hours in an 8 hour work day. The undersigned finds that due to the claimant's chronic pain symptoms, he is signitlcantly limited in his ability to complete an 8 hour a day, 5 day work week. The claimant's capacity for a full range of sedentary work is further diminished by non-exertlonal mental limitations which limit him to the performance of even unskilled work (Social Security Ruling 96-8p).
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 416.929 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 416.927 and SSRs 96-2p, 96-6p and 06-3p.
Athorough review of the claimant's medical evidence of record relates that the claimant suffered an injury to his neck and back, while lifting at work. The claimant reported that the pain went down both his legs and as a result, he cannot stand for long.
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