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Disabilities: Herniated disc in lumbar spine, degenerative disc disease, hyperlipidemia, chronic back pain, glaucoma, hypertensive urgency, dyspnea, osteoarthritis, chest pain, headaches, obesity, hypertension, asthma, depression, shortness of breath, tachycardia, and major depressive disorder.
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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After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairments 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 State agency medical consultants' physical assessments and psychological consultants' mental assessments are given little weight because other medical opinions are more consistent with the record as a whole.
5. The claimant is unable to perform any past relevant work (20 CFR 416.965).
The demands of the claimant's past relevant work exceed the residual functional capacity.
6. The claimant was an individual closely approaching advanced age on the established disability onset date (20 CFR 416.963).
7. The claimant has a marginal education and is able to communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue in this case because the claimant's past relevant work is unskilled (20 CFR 416.968).
9. Considering the claimant's age, education, work experience, and residual functional capacity, there are no jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 416.960(c) and 416.966).
In determining whether a successful adjustment to other work can be made, the undersigned must consider the claimant's residual functional capacity, age, education, and work experience in conjunction with the Medical-Vocational Guidelines, 20 CFR Part 404, Subpart P, Appendix 2.
If the claimant can perform all or substantially all of the exertional demands at a given level of exertion, the medical-vocational rules direct a conclusion of either "disabled" or "not disabled" depending upon the claimant's specific vocational profile (SSR 83-11).
Even if the claimant had the residual functional capacity for the full range of sedentary work, considering the claimant's age, education, and work experience, a finding of "disabled" would be directed by Medical-Vocational Rule 201.09, along with guidance from 201.00(h) and SSR 968p.
10. The claimant has been under a disability as defined in the Social Security Act since August 2, 2006, the amended alleged onset date of disability (20 CFR 416.920(g)).
DECISION
Because disability has not been established by the date last insured, the claimant is not disabled under sections 216(i) and 223(d) of the Social Security Act and that application is dismissed.
Based on the application for supplemental security income filed on August 2, 2006, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act since August 2, 2006.
The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the nondisabiIity requirements for these payments, and if eligible, the amount and the months for which payment will be made.
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