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Disabilities: A history of sleep apnea, short stature, distorted facial features, Robinow Syndrome, developmental delay, bronchitis, and asthma
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 was born on June 2, 2003. Therefore, he was an infant on June 2, 2003, the alleged onset date, and is currently a preschooler (20 CFR 416.926a(g)(2)).
2. The claimant has not engaged in substantial gainful activity since June 2, 2003, the alleged onset date (20 CFR 416.924(b) and 416.972).
3. The claimant has the following severe impairments: A history of sleep apnea, short stature, distorted facial features, Robinow Syndrome, developmental delay, bronchitis, and asthma (20 CFR 416.924(c)).
The above impairments cause more than minimal functional limitations.
4. The severity of the claimant's asthma, developmental delay, short stature, sleep apnea, and Robinow Syndrome considered in combination medically equals the criteria of section 103.03 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.924(d), 416.925, and 416.926).
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, 96-5p, 96-6p and 06-3p.
The claimant has a history of nasal congestion, mouth breathing, snoring, and gasping for air. He has also been diagnosed with Robinow Syndrome, which is an extremely rare genetic disorder characterized by short-limbed dwarfism, abnormalities in the head, face, and external genitalia, as well as vertebral segmentation. The record discloses that the claimant does in fact have short-statured limbs, brachydactyly, vertebral abnormalities, and fetal face dysmorphology (Exhibit 18F). The claimant also has a severe developmental delay with respect to his speech abilities.
The claimant's mother testified that the claimant uses Albuterol and Flovent inhalers every day for his asthma. She stated that when her son runs a lot, or becomes very excited, he starts wheezing. She also stated that in 2004 the claimant underwent surgery because he snored a lot. She emphasized that he still snores.
The claimant's mother stated that her son is different from other children his age because of his developmental delay in that he does not speak very much, his facial features are somewhat distorted, and he is very short. She testified that her son has seen different kinds of medical specialists and that his next appointment was with a genetics specialist, who was considering using a new medication to treat the claimant.
The claimant's treating pediatrician, Susan Atkinson-Daye, M.D., completed a form on June 13, 2008 in which she stated that the claimant had marked degrees of limitation in his abilities to acquire and use information and a marked degree of limitation in his health and physical well being (Exhibit 14F).
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