Toll-Free: (888) 234-5758
Phone: (954) 523-3870
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Disabilities: Low back pain with radiculopathy, degenerative joint disease, left shoulder pain, diabetes mellitus, and depression
Notice of Decision: Fully Favorable
Administrative Law Judge: Dean W. Determan
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida
FINDINGS OF FACT AND CONCLUSIONS OF LAW
After careful consideration of the entire record, the undersigned makes the following findings:
1. The claimant's date last insured is March 31, 2009.
2. The claimant has not engaged in substantial gainful activity since August 1, 2004, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).
3. The claimant has the following severe impairments: low back pain with radiculopathy, degenerative joint disease, left shoulder pain, diabetes mellitus, and depression (20 CFR 404.1520(c) and 416.920(c)).
The claimant has the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluating mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix1: mild restriction in activities of daily living, mild difficulties in maintaining social functioning, moderate difficulties in maintaining concentration, persistence or pace, and no episodes of decompensation, each of extended duration.
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)).
5. The claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a) except that he can sit, stand and walk for less than two hours each in an 8-hour day and he can lift and carry no more than 10 pounds.
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 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 416,927and SSRs 96-2p, 96-6pand 06-3p.
The claimant was 48 years old as of his alleged onset date. He has a high school education and past relevant work experience as a cook, dishwasher and landscaper. He said that he was disabled due to diabetes, herniated disc, pinched nerve, high blood pressure and depression. He stated that he has limited mobility, trouble walking and pain. Medical evidence of record shows that the claimant has a history of neck and lower back pain due to a work related accident in 1994. It was later aggravated in 2004 when he suffered another accident resulting in injuries to his neck and back.
Continue to next page
Return to Case Results
Contact us for a FREE evaluation of your case
*The Law Office of LaVan & Neidenberg represents disabled people across the nation. Our firm advertises on television in the following cities: Fort Lauderdale, FL; Miami, FL; Palm Beach, Florida; and Atlanta, Georgia. Click here to watch a television commercial.
Awarded: Confidential