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Disabilities: Positive for Human Immunodeficiency Virus (HIV); 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 January 27, 2006, the date of the protectively filed application for Supplemental Security Income (20 CFR 416.920(b) and 416.971 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.
2. The claimant has the following severe impairment(s): Positive for Human Immunodeficiency Virus (HIV); and Depression (20 CFR 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: 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 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 416.920(d)).
The impartial medical expert, Dr. Boyce, testified the claimant does not meet or medically equal Listing 14.08 or any of the listings for physical impairments. Dr. Olive, impartial medical expert, testified the claimant's affective disorder of depression does not meet or medically equal Listing 12.04 or any of the listings for mental impairments.
4. After careful consideration of the entire record, I find that the claimant does not have the residual functional capacity to perform work activities in an ordinary work setting on a regular and continuing basis, even at a sedentary level of exertion as defined in 20 CFR 404.1567 and 416.967.
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.
The claimant's treating physician, Dr. Bryant, who has treated the claimant since August, 2008, and who has access to the claimant's medical records, opined that since January 27, 2006, the claimant has been able to sit less than two hours in an eight-hour work day, stand less than two hours in an eight-hour work day, and walk less than two hours in an eight-hour work day, and would need to alternate positions at will; take unscheduled work breaks during an eight-hour work day and would miss more than four days of work per month due to dizziness, and recurring infections and symptoms (EX 6F at 1 ff.).
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