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Pay Per Click: Improve Search Engine Placement (Case 109, Page 6)



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Disabilities: degenerative disc disease with neck and back pain and neurological symptoms

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

Mr. Fidanza testified that such an individual would be able to perform these jobs even with occasional limitations to climbing, balancing, kneeling, crouching, and crawling, and the need to shift positions every 30 minutes.

Pursuant to SSR 00-4p, the vocational expert's testimony is consistent with the information contained in the Dictionary of Occupational Titles.

Based on the testimony of the vocational expert, the undersigned concludes that prior to October 22, 2007, the claimant was capable of making a successful adjustment to work that existed in significant numbers in the national economy. A finding of "not disabled" is therefore appropriate under the framework of the above-cited rule. In addition, the Administrative Law Judge does not find that his as a borderline age situation warranting the payment of benefits at age 54 and five months, as the claimant's 55 birthday, which was in October 2007, was more than merelya few months prior to the higher age category. Even if a borderline age situation existed, the undersigned does not find that there are additional vocational adversities. The claimant attended college for one year and is not, for example, barely literate in English nor does she have a history of unskilled work. Hallex II-5-3-2. As such, the undersigned does not find this to be a borderline age situation that warrants the payment of disability benefits prior to the time that the claimant reached the age of 55.

11. Beginning on October 22, 2007, the date the claimant's age category changed, considering the claimant's age, education, work experience, and residual functional capacity, there are not a significant number of jobs in the national economy that the claimant could perform (20 CFR 404.1560(c) and 404.1566).

Beginning on the date the claimant's age category changed, considering the claimant's age, education, work experience, and residual functional capacity, a finding of "disabled" would be reached by direct application of Medical-Vocational Rule 202.06.

12. The claimant was not disabled prior to October 22, 2007, but became disabled on that date and has continued to be disabled through the date of this decision (20 CFR 404.1520(g)).

DECISION

Based on the application for a period of disability and disability insurance benefits filed on January 7, 2008, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act beginning on October 22, 2007.

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Political

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