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Disabilities: facial palsy of the left side with residual effects, obesity, herniated disc at the L4-5 level, fibromylagia, degenerative joint disease, carpal tunnel syndrome, headaches and anxiety 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 December 31, 2006.
2. The claimant has not engaged in substantial gainful activity since August 12, 2001, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
Computer earnings queries requested on September 18, 2008 do not document any earnings after August 2001. (Exhibit 3D).
3. The claimant has the following severe impairments: facial palsy of the left side with residual effects, obesity, herniated disc at the L4-5 level, fibromylagia, degenerative joint disease, carpal tunnel syndrome, headaches and anxiety disorder (20 CFR 404.1520(c)).
4. 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 404.1520(d)).
The record fails to establish that the claimant's mental impairment meets or equals the paragraph B or C criteria of the mental listings. Specifically, the record supports at most mild limits in activities of daily living and social functioning, moderate limits in concentration, persistence and pace, and no extended episodes of decompensation.
The record is devoid of the attendant physical clinical signs and medical findings required to meet or equal listing severity levels. I carefully reviewed all the Listings of Impairments, in particular Sections 1.00 for the Musculoskeletal System, 9.00 for the Endocrine System and 11.00 for the Neurological System. However, the objective documentation of record does not meet or medically equal the requirements of the above Sections or any of the other Listings of Impairments under Appendix 1 Subpart P of the Regulations.
5. The claimant has the residual functional capacity to perform only a significantly reduced range of sedentary work as defined in 20 CFR 404.1567(a).
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 404.1529 and SSRs 96-4p and 96-7p. I have also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and SSRs 96-2p, 96-6p and 06-3p.
After considering the evidence of record, I find that the claimant's medically determinable impairment 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 objective evidence of record, in particular the treatment notes and assessments from Drs. Jorge G. Diaz, Paul L. Ginsberg, Ira Posner, Felix Ramirez and David Cremer shows that the treatment provided by these treating physicians is compatible with the claimant's symptoms.
Careful review of the record dating back to 1999, 2000 and 2001 documents on-going treatment for multiple debilitating physical and mental symptoms including migraine headaches, wrist pains, joint pains, back pain and leg pains associated with lumbar disc disease and radiculopathy, obesity, depression, anxiety and panic attacks.
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