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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.

Sample Attorney Copy: Internet Marketing Services (Case 122, Page 1)

Disabilities: AIDS, herniated nucleus pulposus at L5-S1 with low back pain, peripheral neuropathy, and Major Depressive 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, 2004.

2. The claimant has not engaged in substantial gainful activity since May 9, 2004, 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 impairments: AIDS, herniated nucleus pulposus at L5-S1 with low back pain, peripheral neuropathy, and Major Depressive Disorder. (20 CFR §404.1520(c) and §416.920(c)).

4. The severity of the claimant's impairments meets the criteria of §14.08 (H)(2) and (N)(1)(2)(3) of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR §404.1520(d) and §416.920(d)).

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.l529 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.

The claimant's impairments meet listing §14.08 (H)(2) and (n) (1)(2)(3) in that the medical evidence demonstrates that she has neurological manifestations of HIV infection, such as peripheral neuropathy, as well as repeated manifestations of HIV infection resulting in significant documented signs or symptoms, such as fatigue, fever, or malaise that resulted in marked restriction of her activities of daily living, marked difficulties in maintaining social functioning, and marked difficulties in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace. Dr. Schosheim, who had the opportunity to evaluate the objective medical evidence, testified that the claimant was diagnosed with HIV in 1998 and has had anti-retroviral therapy since that time. She has had multiple visits for fatigue and other symptoms. Currently, the claimant has AIDS with complications. Moreover, MRI of the lumbar spine revealed disc herniation, which accounts for her significant low back pain.

Dr. Schosheim further noted that the claimant has neuropathy of the hands and feet as a result of AIDS and severe depression with memory issues. Dr. Schosheim opined that the claimant meets the listings set forth above since her alleged onset date due to her repeated infections, peripheral neuropathy, hepatitis, severe fatigue, and weight loss. I am aware that it appears that Dr. Schosheim accidentally misspoke in referring to §14.08(N) of the Listing of Impairments as §14.08 (K), however, his definition and testimony correspond with the appropriate section. I accord great weight to Dr. Schosheim's expert opinion as it correlates with the objective evidence of record. In particular, I note that at her December 2008 consultative orthopedic examination, the claimant was described as frail. Her physical examination was consistent with HIV related neuropathy. She had a rather wide based gait with impaired balance presumably due to HIV neuropathy as noted by clinical signs and symptoms (Ex. 13F).

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