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Improve Search Engine Placement: Sample Attorney Copy (Case 64, p.3)



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



Disabilities: cervical disc herniation, lumbar spondylosis, degenerative disc disease, carpal tunnel syndrome bilateral wrist and anxiety disorder. The claimant has the following impairment which is not severe: hypertension.

Notice of Decision: Fully Favorable
Administrative Law Judge: (Insert Judge's Name)
Office of Disability Adjudication & Review (ODAR): (Insert Name of Hearing Office)

Return to Page 1 of Decision

The claimant testified that medications do not relieve her pain. She did not fill the prescriptions for the muscle relaxers due to lack of insurance. She said she lived with her mother and roommate who helped take care ofher. The claimant explained that she had trouble sleeping and tripped over things. She said that she alternated between sitting and standing for 15 to 20 minutes at a time. She indicated that she had difficulty being around people because she was embarrassed that people were looking at her with bad posture.

The claimant testified that she had pain in her neck and down to her lower back. She said that she had constant pain which radiated into the bilateral arms. The claimant indicated that she could not button a button or open a jar. The claimant also described having pain which radiated down both legs, right worse than left.

The claimant testified that when she injured her right leg in 2006 she weighed 325 pounds and now weighed 180 pounds. She said she had cramping and numbness which made it hard for her to sit or stand for long periods. The claimant indicated that she needed help with bathing because she had a lack of balance. The claiman texplained that she had depression and could not sleep at night because she could not find a comfortable position.

After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairment(s) 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 opinions are given little weight because another medical opinion is more consistent with the record as a whole. Furthermore, the State agency consultants did not adequately consider the claimant's subjective complaints or the combined effect of the claimant's impairments.

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565).

During the hearing the vocational expert testified that the claimant had past relevant work as a special education teacher, which was light, skilled work, SVP7 (DOT # 091.227-010); and as a child care worker, which was light, semiskilled work, SVP4 (DOT # 399.677-018). The vocational expert opined that due to the particular population the claimant worked with, the job required heavy work.

The demands of the claimant's past relevant work exceed the residual functional capacity.

7. The claimant was a younger Individual age 45-49 on the established disability onset date (20 CFR 404.1563).

8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564).

9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity defined above (20 CFR 404.1568).

10. 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 404.1560(c) and 404.1566).

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