Disabilities: Per claimant’s testimony as well as medical expert’s opinion claimant’s limitations are composed by a combination of severe and disabling impairments consisting of arthritic pains, sleep apnea, auditory hallucinations, constricted and withdrawn affect needing hospitalization on three occasions. The claimant was Baker Acted
Notice of Decision: Fully Favorable
Administrative Law Judge: (Insert Judge’s Name)
Office of Disability Adjudication & Review (ODAR): (Insert Name of Hearing Office)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
After careful consideration of the entire record, the undersigned makes the following findings:
1. The claimant has not engaged in substantial gainful activity since February 16, 2007, the amended alleged onset date (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairment(s): Per claimant’s testimony as well as medical expert’s opinion claimant’s limitations are composed by a combination of severe and disabling impairments consisting of arthritic pains, sleep apnea, auditory hallucinations, constricted and withdrawn affect needing hospitalization on three occasions. The claimant was Baker Acted (20 CFR 416.920(c)).
3. The severity of the claimant’s impairment medically equals the criteria of section 12.04 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d)).
In making this finding, the undersigned 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. The undersigned has 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 impairment medically equals listing 12.04. In terms of the “paragraphB” criteria, the claimant’s impairment causes moderate restriction in activities of daily living, moderate difficulties in maintaining social functioning, moderate difficulties in maintaining concentration, persistence or pace, and one to two episodes of decompensation, each of extended duration.
The claimant’s mental condition is severe and disabling, overlays her physical limitations precluding basic work related functions in spite of medication and analgesics treatments. Alcoholism is not a material factor in causing claimant to be disabled. Her testimony is considered credible to the extent of the limitations shown to exist by the medical evidence of record as well as by the medical expert’s opinion
After considering the evidence of record, the undersigned finds 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.
The State agency medical consultants’ physical assessments and psychological consultants’ mental assessments are given little weight because another medical opinion 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.
4. The claimant has been under a disability as defined in the Social Security Act since February 16, 2007, the amended alleged onset date of disability (20 CFR 416.920(d)).
5. The claimant’s substance use disorder(s) is not a contributing factor material to the determination of disability (20 CFR 416.935).
Based on the application for supplemental security income filed on November 20, 2006, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act since February 16, 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.
Medical improvement is expected with appropriate treatment. Consequently, a continuing disability review is recommended in 24 months.