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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: History of prostate malignancy; Osteoarthritis; Muscle/ligament/fascia 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, I make the following findings:
1. The claimant's date last insured is September 30, 2009.
2. The claimant has not engaged in substantial gainful activity since December 25, 2006, the alleged onset date (20 CFR §404.1520(b), §404.1571 et seq., §416.920(b) and §416.971 et seq.).
3. The claimant suffers from the following severe impairment(s): History of prostate malignancy; Osteoarthritis; Muscle/ligament/fascia disorder. (20 CFR §404.1520(c) and §416.920(c)).
4. The claimant does not suffer from 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. The claimant has the residual functional capacity to perform less than sedentary work as defined in 20 CFR §404.1567(a) and §416.967(a).
Sedentary work is limited to lifting no more that 10 pounds at one time, or occasionally carrying small items such as files or small tools, for no longer than a total of 2 hours in any workday. Sedentary work primarily involves sitting for approximately 6 hours in an 8-hour workday, although standing for a total of 2 hours in an 8-hour workday is often necessary, and some walking and standing may be required. However, Mr. Chidsey does not have the capability to perform even these work-related activities for 8 hours per day, 5 days per week, on a regular and sustained basis because his capacity for a full range of sedentary work is further diminished due to the severity of his arthritis which limits his functional capability to lift, bend, sit, stoop, push, pull, stand, and walk.
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.
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