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Search Engine Marketing Sample Legal Copywriting (Case 16, p. 2)



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Disabilities: back and neck pain, status post cervical fusion; status post right carpal tunnel release; status post right shoulder arthroscopy; post traumatic stress disorder; 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

On October 12, 2007 the claimant was examined by Charles S. Theofilos, M.D. at the Spine Center and diagnosed with mechanical neck pain with cervical disk. Radiculopathy, paresthesias and weakness to the bilateral upper extremities (Exhibit 6F, pages 7-9). On November 15, 2007 Dr. Theofilos stated that the review of the cervical spine CT scan showed the C4-5 and C5-6 discs fused in a kyphotic posture. He diagnosed progressive cervical myeloradiculopathy, most consistent with her C6-7 herniation, which was causing cord compression and moderate to severe stenosis (Exhibit 6F, pages 1-3).

On December 11, 2007 the claimant underwent anterior cervical exploration and fusion C4-C6 with anterior cervical diskectomy at C6-C7 performed by Dr. Theofilos (Exhibit 9F, pages 28-30). At follow-up on February 20, 2008 the doctor diagnosed mechanical neck pain with right upper extremity radiculopathy, thoracic pain and right shoulder pain (Exhibit 9F, pages 3-5).

On April 18, 2008 orthopedic surgeon Scott S. Katzman, M.D. stated that the claimant's EMG study showed carpal tunnel syndrome and her right shoulder revealed tendonitis and bursitis, rotator cuff tear, partial. The doctor recommended surgical intervention (Exhibit IOF, pages 4-6).

The claimant was examined by Seth Leventhal, Ph,D. on May 14, 2008 and diagnosed with post traumatic stress disorder, panic disorder with agoraphobia, major depressive disorder, single episode. She had a significant impairment in the area of social functioning and remained reclusive throughout the day. She had poor performance on memory substests and testing indicated that mental tracking was deficient (Exhibit 12F).

On June 19, 2008 the claimant underwent right carpal tunnel release and right shoulder arthroscopy. When she was seen for follow-up on August7, 2008 at Advanced Orthopedic Sports the claimant had complaints of trouble with lifting and pain in the hands, shoulder and neck, as well as numbness in the fingers and decreased grip strength (Exhibit 18F, pages 1-4).

The claimant testified that she stopped working April 2007 because she was sick with pain and later had surgery. She also has emotional problems, she said, and sees doctors and takes medication for this. Her long term disability has helped her get along, she said. 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. She has had two cervical spine fusions, in 2005 and one in December 2007, and right shoulder arthroscopy in June 2008, and continues to have pain and limitations in her ability to function.

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 and evidence received at the hearing level shows that the claimant is more limited than determined by the State agency consultants. The undersigned accords significant weight to the opinions of the claimant's treating physicians.

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