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Pay Per Click: Improve Search Engine Placement (Case 106, Page 4)



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



Disabilities: Chronic Severe Pain, Fibromyalgia 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)

Return to Page 1 of Decision

At the hearing, Dr. John P. Schoscheim, the impartial medical expert, after reviewing the totality of the medical evidence and hearing the testimony, identified the claimant's impairments as severe chronic pain, fibromyalgia and major depressive disorder. He concluded that the claimant had a major depressive disorder secondary to her physical problems. He reported that the depression was characterized by anhedonia, sleep disturbance, psychomotor agitation or retardation, decreased energy, difficulty concentrating or thinking, thoughts of suicide, and hallucinations, delusions or paranoid thinking. In his opinion, these symptoms caused marked restrictions in her daily activities, social functioning, concentration, persistence and pace.

The medical evidence does not indicate that there were repeated episodes of decompensation in work or work-like settings. Dr. Schosheim explained that there was a possibility that the claimant's impairment resulted in repeated episodes of decompensation in a work or work-like setting, but there was not enough information to make that determination. He opined that the claimant has a medically documented history of a chronic affective disorder of at least two years duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support; and a residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate.

In summation, the medical expert concluded that the claimant's emotional impairment has signs and symptoms ofdepression that became so severe as to meet the requirements of section 12.04 A (1) a, c, d, e, g, h, & i and B (l) (2) & (3) and C (2). In Dr. Schosheirri' s opinion the same level of severity has been manifested since March 1, 2006, the alleged onset date of disability.

After considering the evidence of record, the undersigned finds 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 State Agency Review physicians'/psychologists' assessments are given little weight. These opinions are no longer consistent with the medical and nonmedical evidence in the case record. Instead, the undersigned gives greatest weight to the testimony and the opinions expressed by the board certified psychiatric medical expert, Dr. John P. Schosheim, as it is objectively supported and is consistent with the findings and opinions of the treating sources. This being the case, for the reasons set forth above, the undersigned finds that the claimant's major depressive disorder meet the level of severity set forth in Section 12.04, Appendix 1, Subpart P, Regulations No.4.

5. The claimant has been under a disability as defined in the Social Security Act since March 1, 2006, the alleged onset date of disability (20 CFR 404.1520(d)).

DECISION

Based on the application for a period of disabi1ity and disability insurance benefits filed on February 22, 2006, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act since March 1, 2006.

The workers' compensation offset provisions at 20 CFR 404.408 may be applicable.

Return to Sample Content



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