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This piece is a sample case result that an attorney may benefit from on their legal website.
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Disabilities: schizophrenia. depression, and degenerative disc disease of the neck
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 April 6, 2007, the date the application for supplemental security income was filed. (20 CFR §416.920(b) and §416.971 et seq.).
2. The claimant suffers from the following severe impairments: cystic fibrosis and diabetes mellitus (20 CFR §416.920(c)).
3. The severity of the claimant's impairments meets the criteria of §3.04 (8) and (C) 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 claimant's impairments meet listing §3.04 (B) and (C). Dr. Griscom, who had the opportunity to evaluate the objective evidence of record, testified that the claimant's cystic fibrosis, which was diagnosed when he was six years old, meets the criteria of the aforementioned listing. Dr. Griscom noted that the claimant suffers from pulmonary infections but further stated that there was evidence of significant non-compliance and that the claimant's diabetes is poorly controlled. The medical evidence demonstrates that the claimant was hospitalized on multiple occasions for chronic cough with blood and sputum secondary to cystic fibrosis and that he further reported symptoms of fatigue and shortness of breath and was found to have pancreatic insufficiency. The claimant was treated for cough with blood and sputum, shortness of breath, and exhaustion and had an A1c count of 19.2 in May 2007 secondary to his diabetes (Ex. B-7F). In addition, he was hospitalized for close to one month in January 2008 with cough and sputum and was diagnosed with cystic fibrosis, diarrhea with blood, and diabetes with an A1c count of 16.7 (Ex. B-21F). He was again hospitalized for 3 weeks in May 2008 with a cystic fibrosis exacerbation, bronchiectasis with rod exacerbation, chronic pansinusitis, uncontrolled diabetes mellitus related to cystic fibrosis, and a 16 pound weight loss over the past 6 months. His physician reported that he had recurrent and bacterial chest infections. The claimant's May 2008 chest x-ray revealed stigmata of cystic fibrosis with a degree of anatomic involvement (Ex. B-14F). The claimant's pulmonologist described his condition as cystic fibrosis with chronic infection with Burkholderia cepacia, noncompliance with medication, which was partly due to his failure to follow recommendation and also due to his poor financial status, history of recurrent thrombosis with limited intravascular access, chronic sinusitis, and trace mitral and tricuspid insufficiency with a trace of pulmonary insufficiency on echocardiogram (Ex. B-17F).
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