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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.

Marketing Copy for Lawyers: Increase Search Engine Ranking (Case 123, Page 1)

Disabilities: insulin dependent diabetes mellitus, peripheral neuropathy, asthma, obstructive sleep apnea and hypertension

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, 2007.

2. The claimant has not engaged in substantial gainful activity since January 30, 2003, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).

3. The claimant has the following severe impairment(s): insulin dependent diabetes mellitus, peripheral neuropathy, asthma, obstructive sleep apnea and hypertension (20 CFR 404.1520(c)).

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), 404.1525 and 404.1526).

5. The claimant has the residual functional capacity to perform less than the full range of sedentary work as defined in 20 CFR 404.1567(a).

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 SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and SSRs 96-2p, 96-6p and 06-3p.

The claimant alleged he was unable to work due to diabetes, peripheral neuropathy in his feet, and asthma. Specifically, he alleged he could not sit or stand for any length of time and his medication caused nausea (Exhibit B-2E).

Jose Napoles, M.D., a treating physician, expressed the opinion that the claimant could lift up to ten pounds occasionally and less than ten pounds frequently. He could not stoop or crouch. He estimated the claimant was likely to be absent from work more than four times a month as a result of his impairments (Exhibit B-9F). The Administrative law Judge will give controlling weight to the opinion of the treating physician, because it is well supported by medically acceptable clinical and laboratory diagnostic techniques. Electromyogram and nerve conduction study on February 19, 2005 yielded findings consistent with peripheral diabetic motor neuropathy in the lower extremities (Exhibit 1F, page 127).

After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairment could reasonably be expected to produce the alleged symptoms, and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible.

The State agency medical consultants' physical assessments are given little weight because another medical opinion is more consistent with the record as a whole and evidence received at the hearing level shows that the claimant is more limited than determined by the State agency consultants.

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