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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: Schizoaffective Disorder, Major Depressive Disorder, PTSD, and Substance Abuse Disorder.
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, 2012.
2. The claimant has not engaged in substantial gainful activity since April 25, 2006, the alleged onset date (20 CFR §404.1520(b), §404.1571 et seq., §416.920(b) and §416.971 et seq.).
The claimant worked after the established disability onset date; however, this work was an unsuccessful work attempt.
3. The claimant suffers from the following severe impairment(s): Schizoaffective Disorder, Major Depressive Disorder, PTSD, and Substance Abuse Disorder. (20 CFR §404.1520(c) and §416.920(c)).
4. The severity of the claimant's impairments meets the criteria of §12.03 A 1, 3, a and B 2,3,4; §12.04 A, 1, c, d, e, f, g, h, i, and B 2, 3, 4; §12.06 A, 1, a, b, d, 5, and B, 2, 3, 4; and §12.09 B, C of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR §404.1520(d) and §416.920(d)).
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 §404.1529 and §416.929 and SSRs 96-4p and 96-7p. I have 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.
Records of Dr. Sandy Bernstein of March 27, 2006 indicate the claimant received treatment for severe and recurrent Major Depressive Disorder, severe anxiety, and PTSD. Initially, the claimant reported symptoms of depression, hallucinations, and crying spells. (Ex. 8F) Dr. Bernstein completed a mental functional capacity assessment on August 28, 2007 and reported marked and extreme limitations in ability to sustain concentration and pesistence. (Ex. 9F) She also opined the claimant's impairments met the severity criteria of Listing 12.06. (Ex. 9F/4-5)
In October, 2007 the claimant began treatment with Dr. Hilda Besner. Her progress notes for the period October 11, 2007 to June 20, 2008, indicate the claimant was treated bi-monthly for severe depressed affect, delusions, hallucinations, impaired ability to function, anxiety, depression, and lethargic behaviors. (Ex. 8F, 22F) Dr. Besner completed a mental capacity assessment on December 2, 2008, and diagnosed recurrent Major Depressive Disorder with psychotic features, with extremeand marked limitations in the ability to concentrate, interact socially, and make adaptations. (Ex. 22F)
Dr. Sowder of the Henderson Mental Health Clinic treated the claimant for the period of April 21, 2007 thru October 20, 2008 for Major Depressive Disorder, recurrent and severe and Polysubstance Dependence. (Ex. 10F, 21F) While a resident at a halfway house, the claimant underwent a neurological, psychiatric evaluation and was diagnosed with schizoaffective disorder, poly substance abuse, and personality disorder. (Ex. 21F) Dr. Sowder completed a mental capacity assessment on December 2, 2008 and opined the claimant would have marked and extreme limitations in concentration, persistence, and pace, and would have more than four absences a month from work. (Ex. 23F)
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