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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.
Disabilities: panic disorder with agoraphobia
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 has not engaged in substantial gainful activity since May 15, 2006, the alleged onset date (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairment(s): panic disorder with agoraphobia (20 CFR 416.920(c)).
3. The severity of the claimant's impairments medically equal the criteria of section 12.06 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d)).
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 416.929 and SSRs 96-4p and 96·7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 416.927 and SSRs 96-2p, 96-6p and 06-3p.
The claimant's impairments medically equal listing 12.06. She meets the paragraph A criteria, because she has recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom, occurring at least once a week. In terms of the "paragraph B" criteria, the claimant's impairments cause moderate restriction in activities of daily living, marked difficulties in maintaining social functioning, marked difficulties in maintaining concentration, persistence or pace, and no episodes of decompensation, each of extended duration.
The claimant testified at the hearing that she has panic attacks every day. She stated she must be with someone when she goes out. The claimant's testimony is supported by progress notes from Bayview Center for Mental Health. She has been prescribed Paxil and Klonopin.
The claimant's psychiatrist expressed the opinion that the claimant could not work eight hours a day, five days a week, because it would be too stressful, but she would be able to work a "few hours a day" (statement dated September 2, 2008).
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairments 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 and psychological consultants' mental 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.
4. The claimant has been under a disability as defined in the Social Security Act since May 15, 2006, the alleged onset date of disability (20 CFR 416.920(d)).
DECISION
Based onthe application for supplemental security income protectively filed on March 4, 2008, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act since May 15, 2006.
The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the nondisability requirements for these payments, and if eligible, the amount and the months for which payment will be made.
Medical improvement is expected with appropriate treatment. Consequently, a continuing disability review is recommended in 24 months.
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