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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: right homonymous hemianopsia; history of one stroke and multiple transient ischemic attacks, right sided weakness, uncontrolled hypertension, diabetes and obesity.
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 has not engaged in substantial gainful activity since December 29, 2006, the date the application for supplemental security income was filed. (20 CFR 416.920(b) and 416.971 et seq.). Computer queries requested on May 22, 2008 do not document any earnings since December 29, 2006 at the SGA level of prior thereto. (Exhibit 2D)
2. The claimant has the following severe impairment(s): right homonymous hemianopsia; history of one stroke and multiple transient ischemic attacks, right sided weakness, uncontrolled hypertension, diabetes and obesity. (20 CFR 416.920(c)).
3. 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 416.920(d)). I have carefully reviewed the Listings of Impairments Part A and Criteria applicable to individuals age 18 and over. Specifically, I reviewed Sections 11.00 for Neurological Disorders, 4.00 for the Cardiovascular System, and 10.00 for Impairments that Affect Multiple Body Systems. While the claimant has at times, presented some signs and symptoms associated with the above Sections, not all of their requirements have been present during the period at issue to meet or medically equal any of the Listings of Impairments.
4. The claimant has the residual functional capacity to perfonn less than a full range of sedentary work on a regular and sustained basis as defined in 20 CFR 416.967(a). Specifically, the claimant is able to lift and carry ten pounds frequently and ten pounds occasionally; she can sit for eight hours in an eight hour work day, but can stand and walk less than two hours in an eight hour workday. Additionally, her field of vision in both eyes is significantly affected and she does not have any vision to the right side of center of either eye.
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 416.929 and SSRs 96.4p and 96-7p. I have also considered opinion evidence in accordance with the requirements of 20 CFR 416.927 and SSRs 96-2p, 96-6p and 06-3p.
The objective evidence of record, particularly from Hialeah Hospital, Anne Bates Leach Eye Hospital/Bascom Palmer Eye Institute and Jackson Memorial Hospital document on-going treatment for multiple medical conditions including diabetes, uncontrolled hypertension, pancreatic inflammations, headaches, obesity, residuals of a stroke and severe visual difficulties.
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