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Disabilities: Disorder of the Spine
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 November 14, 2005, the date the application for supplemental security income was filed. (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairment(s): Disorder of the Spine (20 CFR 416.920(c)).
3. The severity of the claimant's impairment meets the criteria of section 1.04B Disorder of the Spine 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 impairment meets listing 1.04B, Disorder of the Spine.
After reviewing the medical records, hearing the testimony and questioning the claimant, Dr. Peter Schosheim testified at the hearing that an MRI showed that the claimant had disk herniations with a protrusion and narrowing of the L4-5 disk and L4-5 nerve root on the left side and a herniation of a disk in the neck. Dr. Schosheim noted that epidurals did not help; and so, the claimant underwent a diskectomy at L4-5/L5-S 1. After the surgery the claimant's condition actually became worse with pain and burning. Post surgical MRIs revealed similar disk herniations as seen on the original films. Dr. Schosheim also noted that the claimant developed significant scarring around the surgical site. Post surgery, the claimant condition was disc herniation for the first year, but subsequently he developed spinal arachnoiditis. Dr. Schosheim notes that Listing 1.04B requires one have spinal arachnoiditis by appropriate medically acceptable imaging, in the instant case the MRI dated November 16, 2007. Medical records and the claimant's credible testimony support the presence of a burning sensation and the need for changes in position or posture more than once every two hours. Dr. Schosheim opined that the claimant has met Listing 1.04B since November 14, 2005.
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