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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.

Internet Marketing Services: Sample Legal Copywriting (Case 100, p.1)

Disabilities: degenerative disc disease of the cervical and lumbar spines, status post diskectomies

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's date last insured is December 31, 2010.

2. The claimant has not engaged in substantial gainful activity since December 26, 2006, the amended 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: degenerative disc disease of the cervical and lumbar spines, status post diskectomies (20 CFR 404.1520(c) and 416.920(c)).

4. The severity of the claimant's impairment most likely meets and certainly equals the criteria of section 1.04 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)).

Section 1.04 contemplates Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine);

or

B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours;

or

C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b.

The undersigned that the claimant's impairment equals the criteria of listing 1.04. 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.

In finding that the claimant's impairment equals listing 1.04, I accept the expert testimony of Dr. Kenneth Cloninger who testified that the claimant underwent cervical diskectomy and fusion (at C4-6) in 19.98. Initially, the surgery resulted in significant improvement in the claimant's condition. However, the claimant's symptoms returned several years later and he underwent a second surgery in 2007. At that time, he was treated by Dr. S. Gelbard, who performed an endoscopic diskectomy on L4-5 in August 2007.

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