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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: pericarditis, valvular and stenotic defects, and affective mood 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 March 31, 2012.
2. The claimant has not engaged in substantial gainful activity since January 10, 2007, the 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(s): pericarditis, valvular and stenotic defects, and affective mood disorder (20 CFR 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one ofthe 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).
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 CPR 404.1529 and 416.929 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 416.927 and SSRs 96-2p, 96-6p and 06-3p.
Medical records reveal that claimant has a combination of physical and mental impairments that prevent her from performing any work related activities on a sustained basis. In addition to her severe cardiac impairments, she has renal insufficiency and severe orthostatic hypotension, with significant muscle weakness especially in lower extremities. She has had numerous hospitalizations and ER visits. Moreover, she has been diagnosed and is being treated for congestive heart failure. Symptoms include difficulty ambulating, weakness, dizziness, and leg edema. See Exhibits 5F, 13F, and 11F, Considering also claimant's credible testimony, she is disabled and unable to work.
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 consultant's physical assessment is given little weight because another medical opinion is more consistent with the record as a whole.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
The demands of the claimant's past relevant work exceed the residual functional capacity.
7. The claimant was a younger individual age 18-44 on the established disability onset date (20 CFR 404.1563 and 416.963).
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