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Search Engine Marketing Sample Legal Copywriting (Case 22, p.2)

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Disabilities: HIV positive infection with chronic residual illnesses and symptoms (fatigue, diarrhea, neuropathy, and chronic genital warts requiring surgery every 2 to 6 months and CD4 counts of below 100) and insulin dependent diabetes mellitus, uncontrolled.

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

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In making this finding, the undersigned considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20 CFR 404.1529 and 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and 416.927 and SSRs 96-2p, 96-6p and 06-3p.

Dr. Carolos Omenaca, M.D., reported that the claimant developed serious side effects from her medications and antiretroviral regimen. Dr. Omenaca stated that the most likely medication to cause the claimant's symptoms of nausea and episodes of emesis was Trizivir, specifically the AZT component of it (Exhibit 1F/2). The claimant's laboratory tests, dated January 25, 2001, reflect a CD4 count of 103 (Exhibit 6F/61).

Dr, Afzal Khan, M.D., who is a consultative examiner, reported that the claimant was markedly overweight and HIV positive. Dr. Khan stated that the claimant has severe obesity with shortness of breath on exertion, possibly related to restrictive lung functions. He noted that Ms. Montaque's history of thyroid dysfunction and stated that there was evidence of a goiter on the claimant's physical examination (Exhibit 4F/2).

Ms. Montaque testified that her diabetes is out of control, which requires her to use 50 units of insulin every night. She testified that she is HIV positive and has been diagnosed with AIDS. The claimant, who weighs 370 pounds, is morbidly obese; she testified that she has been diagnosed with thyroid disease, which has contributed to her weight gain. Ms. Montaque explained that she has been prescribed several antiretroviral "cocktails" to treat her HIV disease. She testified that she suffers with severe pain all over her body and is often fatigued due to side effects from medication, including drowsiness and nauseas as well as her obesity.

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 medical consultants' physical assessments (Exhibits 5F and 7F) are given little weight because the State agency consultants did not adequately consider the claimant's objective complaints or the combined effect of the claimant's impairments.

Dr. Joseph Chi, M.D., who manages the claimant's treatment for AIDS, stated that he sees Ms. Montaque twice per month. Dr. Chi reported that she has been diagnosed with AIDS, obesity, asthma and hypertension. He opined that Ms. Montaque can stand for less than 2 hours and sit for about 2 hours in the course of an 8-hour working day (Exhibit 12F/l). Dr. Chi indicated that the claimant could not engage in lifting/carrying. He estimated that Ms. Montaque would miss work more than four times a month due to her impairments and required treatment (Exhibit 12F/2).

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