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Search Engine Marketing Sample Legal Copywriting (Case 104, p.2)

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Disabilities: facial palsy of the left side with residual effects, obesity, herniated disc at the L4-5 level, fibromylagia, degenerative joint disease, carpal tunnel syndrome, headaches and anxiety disorder

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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These records show that the claimant has required both conservative and more aggressive treatment including hospitalizations and epidural steroid injections in attempts to curtail her pain syndrome. Some of the claimant's medications include Oxycontin, Soma, Buspar, Welbutrin, Inderal, Syntbroid, Zanax, Restoril, Trileptal, Vicodinand Imitrex among others. (Exhibits 8F, 9F, 10F, 14F, 15F, 25F and 26F).

I note that on May 6, 2002, Dr. PaulL. Ginsberg expressed profound concern about the claimant's migraine headaches and wrist pains as he had adjusted the claimant's medications on numerous occasions and still the claimant's migraine symptoms persisted. (Exhibit 15F at pages 1 through 3).

On September 18, 2003, Dr. Jay M. Weinstein, Ph.D. an independent consultant examined the claimant and concurred with the treating physician in that the claimant had a pain disorder associated both with psychological and general physical conditions. (Exhibit 21F).

More recently, on January 8, 2009, Dr. Jorge G. Diaz completed a questionnaire where in he noted that he has treated the claimant consistently on a monthly basis since January 2000 for diagnoses of chronic low back pain, fibromyalgia, depression and chronic fatigue among other debilitating conditions. Dr. Diaz imposed strict restrictions on the claimant's abilities to sit, stand, walk and lift and carry weights. Specifically, he noted that the claimant is unable to sit, stand or walk more than two hours total in an eight-hour workday and must use a cane when engaging in occasional standing and walking. In addition, she is able to lift, carry, push or pull less than 10 pounds occasionally and also has significant limitations in doing repetitive reaching, handling and fmgering. She would be able to use her hands, fmgers and arms for grasping, turning and twisting objects only for 10% of the time in an 8 hour working day. The claimant also has significant limitations in postural activities including climbing, kneeling, crouching and stooping and would need to take frequent unscheduled breaks or include periods of rest during an eight hour workday with each period lasting at least fifteen minutes. Finally, Dr. Diaz also noted that in the event the claimant were to work, she would be absent from work at least four times per month as a result of her impairments. (Exhibit 24F).

I give Dr. Diaz' assessment considerable weight as he has been the claimant's primary treating physician for an extended period of time (as documented in the record dating back to the year 2000). Furthermore, his opinions are consistent with the other objective evidence of record. Under Social Security Ruling 96-2p, a medical opinion provided by a treating physician must be given controlling weight a) it is well-supported by medically acceptable clinical and laboratory diagnostic techniques and b) the opinion is not inconsistent with the other substantial medical and nonmedical evidence in the case record.

The medical records from the treating sources discussed above, establish that the claimant's testimony regarding her physical and mental conditions and limitations is supported by the objective evidence. I find the claimant's testimony credible.

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