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Increase Search Engine Ranking: Online Marketing Sample (Case 100, p.2)



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Disabilities: degenerative disc disease of the cervical and lumbar spines, status post diskectomies

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

Dr. Cloninger testified that MRI studies showed bulging discs in the cervical and lumbar spines, as well as foraminal encroachment and significant degenerative changes in the lumbar and cervical spines. Dr. Cloninger testified that given the medical record and the claimant's subjective complaints, he believed that the claimant's impairment equaled and most likely met listing 1.04. I find Dr. Cloninger's conclusions to be well supported by the medical evidence of 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. That is, his complaints of pain radiating to his hands, arms, and legs is substantiated. He has fallen on at least one occasion and sustained facial abrasions.

The State agency medical consultants' physical assessments are given little weight because the opinion of Dr. Cloninger, who had the opportunity to view the medical record in its entirety, is 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.

Dr. Gelbard, treating neurologist, indicated in his notes that the claimant has had persistent severe pain and radiculopathy despite the aforementioned surgeries and multiple epidural injections (Exhibit 13F). He furnished a residual functional capacity assessment, dated December 2008, preclusive of even sedentary work, with a need to frequently seek sustained recumbency for pain relief (Exhibit 14F). The opinion of this treating neurologist gives further support to the opinion of Dr. Cloninger regarding the magnitude of the claimant's impairments.

5. The claimant has been under a disability as defined in the Social Security Act since December 26, 2006, the amended alleged onset date of disability (20 CFR 404.1520(d) and 416.920(d)).

DECISION

Based on the application for a period of disability and disability insurance benefits filed on January 11, 2007, the claimant has been disabled under sections 216(i) and 223(d) of the Social SecurityAct since December 26, 2006.

Based on the application for supplemental securityincome filed on January 11, 2007, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act since December 26, 2006.

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 amountand the months for which paymentwill be made.

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