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Disabilities: Herniated disc in lumbar spine, degenerative disc disease, hyperlipidemia, chronic back pain, glaucoma, hypertensive urgency, dyspnea, osteoarthritis, chest pain, headaches, obesity, hypertension, asthma, depression, shortness of breath, tachycardia, 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, the undersigned makes the following findings:
1. The claimant has not engaged in substantial gainful activity since August 2, 2006, the amended alleged onset date (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairment(s): herniated disc in lumbar spine, degenerative disc disease, hyperlipidemia, chronic back pain, glaucoma, hypertensive urgency, dyspnea, osteoarthritis, chest pain, headaches, obesity, hypertension, asthma, depression, shortness of breath, tachycardia, and major depressive disorder (20 CFR 416.920(c)).
The claimant has the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluating mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix 1: mild restriction in activities of daily living, moderate difficulties in maintaining social functioning, moderate difficulties in maintaining concentration, persistence or pace, and no episodes of decompensation, each of extended duration.
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)).
4. The claimant has the residual functional capacity to perform less than sedentary work as defined in 20 CFR 416.967(a), due to reduced concentration caused by an affective disorder, the claimant is unable to perform even unskilled work on a sustained basis.
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 is limited to less than sedentary activity due to limited vision; using an assistive device for ambulation; using her right hand occasionally for bilateral manual dexterity; and depression, which prevents her from engaging in frequent contact with the general public. In September 2006, the claimant was hospitalized at Northwest Medical Center due to hypertensive urgency, right arm swelling, hyperlipidemia, depression, glaucoma, in addition to her chronic low back pain. On January 3, 2007, DDS Dr. Catano noted the claimant was unable to open jars, had edema in the legs, chronic fatigue, cardiovascular disorder, and glaucoma in both eyes. On February 12, 2007, DDS Dr. Kersh completed a consultative exam with the claimant, diagnosing her with severe shortness of breath, fatigue, sufficient cardiac stress, tachycardia, and an augmented hypertensive response to exercise. On March 6, 2007, DDS Dr. Nazario completed a consultative psychological exam with the claimant, diagnosing her with major depressive disorder, severe, with psychotic features. On July 30, 2007, Dr. Nazario diagnosed the claimant, again, with major depressive disorder, severe, with psychotic features. The doctor described the claimant as impatient, depressed, has an angry and hostile affect, with poor insight and judgment. The claimant used a cane to ambulate in the examination. In July 2008, the claimant was treated at Port St. Lucie Health Department due to hypertension, obesity, and asthma.
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