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Disabilities: diabetes, hypertension, obesity and a history of a cerebral vascular accident (CVA or stroke)
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 has not engaged in substantial gainful activity since September 1, 2005, the alleged onset date (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairment(s): diabetes, hypertension, obesity and a history of a cerebral vascular accident (CVA or stroke). (20 CFR 416.920(c)).
3. The severity of the claimant's impairments medically equal the criteria of section 1.04 and 12.02 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 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 416.929 and SSRs 96-4p and 96-7p. I have also considered opinion evidence in accordance with the requirements of 20 CFR 416.927 and SSRs 96-2p, 96-6p and 06-3p.
The medical expert opined that the claimant's impairments medically, together, equal listing 1.04 and 12.02. I agree with this assessment, adopt it as my own as it is well grounded in the documented treatment history, clinical signs and medical findings and accord it considerable weight for that reason. 'This 56 year old claimant, with more than high school education and past relevant work as a nurse alleges disability since September 1, 2005 due to a stroke. According to the claimant in 2005 she remained hospitalized for 2 weeks while recovering from the stroke, but has never truly recovered from it.
She also related a childhood history of polio with residual legs weakness, more on the left side than on the right side, with left leg give-way and asserts she has fallen several times due to this. She also reports diabetes problems, right arm and hand weakness, which renders her unable to cook since she is unable to pots and pans and bums her hands. The claimant watches television but cannot remember the plots, cannot remember the names of the characters, etcetera. The claimant no longer drives nor does she have a driver's license at this point in time.
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