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Internet Marketing Services: Online Marketing Sample (Case 26, p.2)

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Disabilities: depression, hypertensive cardiovascular disease, diabetes, human immunodeficiency virus infection.

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 A criteria are satisfied by medically documented persistence 1. either continuous or intermittent, of a depressive syndrome characterized by at least four of the following: a. anhedonia or pervasive loss of interest in almost all activities, b. appetite disturbance with change in weight, c. sleep disturbance, d. psychomotor agitation or retardation, e. decreased energy, f. feelings of guilt or worthlessness, g. difficulty concentrating or thinking, h. thoughts of suicide, or i. hallucinations, delusions, or paranoid thinking; 2. manic syndrome characterized by at least three of the following: a hyperactivity, b. pressure of speech, c. flight of ideas, d. inflated self-esteem, e. decreased need for sleep, f. easy distractibility, g. involvement in activities that have a high probability of painful consequences which are not recognized, or h. hallucinations, delusions or paranoid thinking; OR 3. bipolar syndrome with a history ofepisodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently characterized by either or both syndromes). The B criteria are satisfied when the symptoms listed in A result in at least two of the following: 1. marked restriction of activities of daily living; 2. marked difficulties in maintaining social functioning; 3. marked difficulties in maintaining concentration, persistence, or pace; or 4. repeated episodes of decompensation, each of extended duration. The requirements of C are satisfied by a medically documented history of a chronic affective disorder of at least 2 years' duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following: 1. repeated episodes of decompensation, each of extended duration; 2. a residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or 3. current history of 1 or more years' inability to function outside a highly supportive living arrangement, with an indication ofcontinued need for such an arrangement.

At the request of the State agency, on December 16, 2005, a psychiatric consultative examination was performed by Larry Benovitz, MD, a board certified psychiatrist. Dr. Benovitz noted that the claimant was depressed and tearful, and that she has decreased sleep, decreased appetite with a weight loss of 85 pounds since the rape, loss of interest in activities, and decreased ability to concentrate. Dr. Benovitz indicated that the claimant was able to perform basic activities of daily living, but that she stays to herself with little social interaction, and has impaired concentration, persistence and pace. Dr. Benovitz opined that based on the severity of her depression and impaired concentration, the claimant would probably decompensate in a work or work-like setting. (Exhibit F 103-119.)

The claimant was very tearful at the hearing. She testified that she has constant diarrhea, even when she is sleeping, and the doctor tells her it is from her medications for blood pressure and diabetes. She said she is short of breath when she walks, and runs out of energy. Her feet swell. She said that she gets upset and angry whenever she thinks about the HIV. She said she sent her teenage daughter to live with her grandparents because she could not take care of her after the rape. She hears voices calling her name and goes to the door, but no one is there. She said she has thoughts of suicide. The claimant said she doesn't shower very often. She used to go to NA meetings, and still tries to go if she's not too depressed.

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