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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: attention deficit hyperactivity disorder, borderline intellectual functioning, and seizure 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 ofthe entire record, the undersigned makes the following findings:
1. The claimant was bom on September 26,1994. Therefore, she was an adolescent on September 25, 2006, the date the application was filed, and is currently an adolescent (20 CFR 416.926a(g)(2)).
2. The claimant has not engaged in substantial gainful activity since September 25, 2006, the date the application for supplemental security income was filed (20 CFR 416.924(b) and 416.972).
3. The claimant has the following severe impairments: attention deficit hyperactivity disorder, borderline intellectual functioning, and seizure disorder (20 CFR 416.924(c)).
The above impairments cause more than minimal functional limitations.
4. The severity of the claimant's intellectual functioning meets the criteria of section 112.05C 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 96-7. 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 underwent extensive psychological evaluations in April 2007 and January 2008. Her mother consistently reported to the psychologists that the claimant was in special education programs, had difficulty staying focused, and had been retained in the 1sl, 3rd, and 4th grades. At the time of the evaluation in 2007, she was 12 years and seven months old and in 5th grade. Intellectual testing on the WISC-IV showed that she was functioning in the Extremely Low range with a Full Scale IQ of 54. Tests of Achievement generally yield scores in the "Very Low" range (Ex. 3F).
The claimant has been long treated for a seizure disorder (See ex. 1F). On a recent examination in June 2008, she reportedly still has had seizures fairly often. According to the mother, headaches usually preceded the seizures, and the child is usually a little bit sleepy. Sometimes she "spaces out and that is where it can stop. But sometimes her eyes roll and there is whole body jerking with incontinence and this can last 2 or 3 minutes" (Ex. 12F/2).
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