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Disabilities: Degenerative Disc Disease of the cervical and lumbar spine
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, 2011.
2. The claimant has not engaged in substantial gainful activity since February 11, 2007, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq.; 416.920(b) and 416.971 et seq.).
The claimant worked after the established disability onset date; however, this work was an unsuccessful work attempt.
3. The claimant has the following severe impairment: Degenerative Disc Disease of the cervical and lumbar spine (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 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 the full range of 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.
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 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.
Mr. Shinn is a 49 year old man who obtained a GED and has one year of college. He was involved in a motor vehicle accident on February 10, 2007 in which he injured his head, neck, and back. MRl's taken at that time showed claimant had multiple herniated and bulging discs in the cervical, thoracic, and lumbar spine. He has not worked since that date. Prior to his accident he worked as a truck driver and a vertical blinds salesperson for approximately 20 years. He reported that he constantly has pain in his neck and back that radiates down his left leg. His arms and hands get numb. He uses a cane most of the time because he has problems walking and is afraid that he might fall. Mr. Shinn has to get people to help him lift things.
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