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Improve Search Engine Placement: Sample Attorney Copy (Case 20, p.2)



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Disabilities: Human Immunodeficiency Virus (HIV), depression and borderline intellectual functioning

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

These findings are based upon the results of the psychiatric evaluation at Archways, which included a GAF of 52. According to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSMIV), a GAF of 50 to 60 is associated with moderate impairment. These findings are also based on the results ofthe consultative examination by Dr. Ben-Ezra, who diagnosed depression and borderline intellectual functioning. These findings are also consistent with those of a nonexamining State Agency physician (Exhibit 14F).

3. The severity ofthe claimant's HIV+ meets the criteria of Listing 14.08I of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR §416.920(d)).

In making this finding, I 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 §416.929 and SSRs 96-4p and 96-7p. I have also considered opinion evidence, in accordance with the requirements of 20 CFR §416.927 and SSRs 96-2p, 96-6p and 06-3p.

The claimant's impairments meet Listing 14.08 I. Listing 14.08 I contains two components: HIV+ wasting syndrome and chronic diarrhea. Wasting syndrome is defined as an involuntary weight loss of at least 10% of bodyweight. The medical records clearly supported a weight loss of greater than 10% of the claimant's bodyweight. The claimant's early-morbidity weight was at least 183 pounds and her more recent bodyweight had decreased at least to 150 pounds. Dr. Griscom, the medical expert, also noted the claimant's weight loss, as documented in the medical record, and agreed that it was consistent with wasting.

The second Listing criterion is chronic diarrhea occurring at least twice per day and lasting for a month or longer. Although the record did not specifically identified a number of bowel movements, I observe that frequent diarrhea was mentioned at the most recent hospitalization in December 2007, in the most recent treatment notes from Children's Diagnostic and Treatment Center, and at the consultative examinations by Drs. Reines and Ben-Ezra. I find that the claimant's chronic diarrhea is generally well documented in the medical record.

After considering the evidence of record, I find 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.

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Sample Content

Financial

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Green Living & Sustainability

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Health & Fitness

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Legal

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Lifestyle

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Medical

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Music & Entertainment

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Natural Disasters

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Political

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