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Internet Marketing Services: Online Marketing Sample (Case 50, p.2)



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Disabilities: degenerative disc disease of the lumbosacral spine

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

The claimant's testimony and the medical evidence of record establish that the claimant's back pain significantly interferes with his ability to perform work-related activities. At the hearing, the claimant testified that he experiences constant pain that radiates from his back into his bilateral legs and right arm. The claimant further testified that he needs assistance caring for his personal needs. On March 31, 2006, the claimant reported to Robert Guirguis, D.O., Tampa Pain Relief Center, that he had low back pain which radiated to both legs (Exhibit 5F). The claimant reported to Dr. Guirguis that when he attempted to stand up he felt and heard a "pop" in his back and then he would have numbness from his waist into his toes. Upon examination, Dr. Guirguis noted that the claimant displayed a limited range of motion and tenderness to palpation in his lumbar spine. Based on the foregoing evidence, I find 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 are given little weight because the State agency consultants did not adequately consider the claimant's subjective complaints. Furthermore, these physical assessments were completed without the benefit of a physical examination.

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).

The claimant has past relevant work as an automobile detailer and a store laborer (warehouse). The demands of the claimant's past relevant work exceed the residual functional capacity.

7. The claimant was a younger individual age 18-44 on the established disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has a limited education and is able to communicate in English (20 CFR 404.1564 and 416.964).

9. Transferability of job skills is not an issue in this case because the claimant's past relevant work is unskilled (20 CFR 404.1568 and 416.968).

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are no jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1560(c), 404.1566, 416.960(c), and 416.966).

In determining whether a successful adjustment to other work can be made, I must consider the claimant's residual functional capacity, age, education, and work experience in conjunction with the Medical-Vocational Guidelines, 20 CFR Part 404, Subpart P, Appendix 2. If the claimant can perform all or substantially all of the exertional demands at a given level of exertion, the medical-vocational rules direct a conclusion of either "disabled" or "not disabled" depending upon the claimant's specific vocational profile (SSR 83-11).

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