Disabilities: depressive disorder andosteoarthritis of the knees
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 met the insured status requirements of the Social Security Act through December 31, 2002. (Exhibit D9 through D 21).
2. The claimant has not engaged in substantial gainful activity since December 24, 1997, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.). Computer earnings queries requested in March 2008 show that the claimant last engaged in substantial gainful activity in 1997 when she had earnings in the amount of $17, 089.77 (Exhibit D21).
3. The claimant has the following severe impairments: depressive disorder and osteoarthritis of the knees (20 CFR 404.1520(c) and 416.920(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)).
The undersigned Administrative Law Judge has carefully reviewed the Listings of Impairments, in particular Sections 1.00 for Musculoskeletal System and Section 12.00 for Mental Disorders, while the claimant may have at times presented with some similar signs and symptoms as those described under the above mentioned Sections, certainly not all ofthe criteria required under the Listings of Impairments were met or equaled during the period at issue.
5. After careful consideration of the entire record, the undersigned finds that prior to November 8, 2007; the claimant had the residual functional capacity to perform the full range of medium work as defined in 20 CFR 404.1567(c) and 416.967(c). I find that the claimant retained the maximum functional ability to sit, stand or walk 6-8 hours (2 hours at one time) in an eight-hour workday. In addition, she was able to lift, carry, push or pull 50 pounds occasionally and 25 pounds frequently. I further find that there were no nonexertional restrictions on functions such as reaching, handling, seeing, hearing and speaking. The claimant would not need to avoid such postural activities as frequent climbing, kneeling, crawling, crouching and stooping. Further, she would be able to tolerate extremes of temperature or humidity and would not have to avoid working at heights or around hazardous moving machinery. She would not also need to avoid excessive amounts of pulmonary irritants such as dust, fumes and gases. Finally, she had no mental limitations that would have an adverse impact on her capacity to make occupational and performance adjustments to jobs entailing simple, detailed and/or complex instructions.
In making this finding, the undersigned has 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 404.1529 and 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and 416.927 and SSRs 96-2p, 96-5p, 96-6p and 06-3p.