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Library

Internet Marketing Services: Sample Legal Copywriting (Case 113, p.2)

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Disabilities: congestive heart failure, anemia, pneumonia, pulmonary congestion, left ventricular hypertrophy, diabetes mellitus, hypertension, cerebral atrophy, peripheral neuropathy, pleural effusions and end state renal failure

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

More recently, however, records from Jackson Memorial Hospital dated March 2007 to the present, document a further decline in the claimant's physical condition manifested by severe renal disease, hepatomegaly and bilateral pleural effusions. [Exhibits 13F-14F]. Records from Palmetto Hospital dated November 4, 2008 document a six day hospitalization secondary to metabolic acidosis, bilateral renal disease, congestive heart failure, hydronephrosis and electrolyte imbalance. (Exhibit 10F).

Shortly thereafter, on December 14, 2008 records from Miami Regional Dialysis Center show that the claimant was diagnosed with full renal failure and started on dialysis. (Exhibit 17F).

Section 6.02 for Impairment of Renal Function due to any chronic renal disease requires the condition have lasted or can be expected to last for a continuous period of at least 12 months, with A) chronic hemodialysis or peritoneal dialysis or B) kidney transplantation or C) persistent elevation of serum creatinine to 4mgs. per deciliter or greater or reduction of creatinine clearance to 20 ml per minute or less over at least three months.

In the instant case, I note that the claimant's renal disease is chronic in nature and ultimately required dialysis. [Exhibits 16F-17F]. The requirements of Section 6.02 (A) have been fully documented in the record at least since March 22, 2007.

After considering the evidence of record, I find that the claimant's medically determinable impairments could reasonably be expected to produce the alleged symptoms. The claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible.

The State agency medical consultants' physical assessments at Exhibits 5F and 8F are given little weight because other medical opinions are more consistent with the record as a whole. These assessments were conclusory in nature and inconsistent with the more contemporaneous treatment notes particularly those from the treating sources at Jackson Memorial Hospital. Further, the evidence received at the hearing level shows that the claimant is more limited than determined by the State agency consultants.

4. The claimant has been under a disability as defined in the Social Security Act since March 22, 2007, the amended alleged onset date of disability (20 CFR 416.920(d)).

DECISION

Based on the application for supplemental security income tiled on July 21, 2006, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act since March 22, 2007.

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 amount and the months for which payment will be made.

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