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Search Engine Placement Sample for Attorney Copy (Case 9, p.2)

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This piece is a sample case result that an attorney may benefit from on their legal website.

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)

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In a July 2008 residual functional capacity questionnaire, the pulmonologist reiterated the claimant's diagnoses and symptoms which included fatigue, weakness, cough, occasional chest pain, shortness of breath, sputum production, high blood sugar, dizziness, headaches, and joint arthralgias. In assessing his functional capabilities, the pulmonologist stated that the claimant could sit for 60 minutes and stand for 45 to 60 minutes at one time, needed to lie down for 2 hours a day, could sit, stand, walk for less than 2 hours total a day, could frequently lift and carry up to 10 pounds and could occasionally lift and carry up to 20 pounds, and had a limited ability to stoop, crouch, kneel, and climb stairs. He was likely to miss more than 4 days of work per month (Ex. B-15F). The claimant's treating physician's opinion, which is given substantial weight as it comports with the objective evidence of record, further confirms that the claimant's cystic fibrosis substantially impacts his functioning to the point that he cannot perform more than minimal activity.

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 medical evidence supports the claimant's testimony regarding the fact that he complied better with his medication regimen when he was incarcerated.

The State Agency medical consultants' physical assessments are given little weight because another medical opinion is more consistent with the record as a whole and evidence shows that the claimant is more limited than determined by the State Agency consultants. At an October 2008 consultative examination, the claimant was diagnosed with well documented, chronic cystic fibrosis with pancreatic insufficiency and poorly controlled Type I diabetes, however, the physician's assessment of the claimant's physical capabilities, including his ability to stand for two hours without interruption, walk for 1 hour without interruption, stand for a total of 6 hours per day and walk for a total of 2 hours per 8 hour workday, does not comport with the objective evidence, nor with the treating pulmonologist and Dr. Griscom's evaluations, which indicate that his symptoms greatly compromise his functioning (Ex. B-19F, B-20F).

4. The claimant has been under a disability as defined in the Social Security Act since April 6, 2007, the date the application was filed (20 CFR §416.920(d)).

DECISION

The claimant has been disabled under §1614(a)(3)(A) of the Social Security Act since April 6, 2007, the date the application for supplemental security income was filed.

The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the nondisability requirements for these payments, and if eligible, the amount and the months for which payment will be made.

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