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Disabilities: Degenerative Disc Disease of the cervical and lumbar spine

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

After considering the evidence ofrecord, 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 medical consultants' physical assessments are given little weight because the State agency consultants did not adequately consider the claimant's subjective complaints or the combined effect ofthe claimant's impairments. (Exhibits - Dr. Clarence Louis, M.D., Physical RFC and Dr. John A. Dawson, M.D., Physical RFC)

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).

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

7. Applying the age categories non-mechanically, and considering the additional vocational adversities in this case, the claimant was an individual closely approaching advanced age on the established disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).

9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity defined above (20 CFR 404.1568 and 416.968).

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), 404.1566,416.960(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. Ifthe claimant can perform all or substantially all ofthe 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).

Based on a residual functional capacity for the full range of sedentary work, considering the claimant's age, education, and work experience, a fmding of "disabled" is directed by Medical-Vocational Rule 201.14.

11. The claimant has been under a disability as defined in the Social Secnrity Act since February 11, 2007, the alleged onset date of disability (20 CFR 404.1520(g) and 416.920(g)).

DECISION

Based on the application for a period of disability and disability insurance benefits flied on January 23, 2008, the claimant has been disabled under sections 216(i) and 223(d) or the Social Security Act since February 11, 2007.

Based on the application for supplemental security income protectively tiled on January 23, 2008, the claimant has been disabled under section 1614(a)(3)(A) ofthe Social Security Act since February 11, 2007.

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.

A determination to appoint a representative payee to manage payments in the claimant's interest is recommended.

Return to Sample Content



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Sample Content

Financial

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Legal

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  • Without Treatment, Acne Can Scar More Than Your Face

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