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Disabilities: Chronic Obstructive Lung Disease, Fibromyalgia, Carpal Tunnel Syndrome, Rheumatoid Arthritis, Restless Legs Syndrome, and Obesity
Notice of Decision: Fully Favorable
Administrative Law Judge: Jose Perez-Gonzalez
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 December 31, 2011.
2. The claimant has not engaged in substantial gainful activity since March 25, 2007, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
3. The claimant has the following severe impairment(s): Chronic Obstructive Lung Disease, Fibromyalgia, Carpal Tunnel Syndrome, Rheumatoid Arthritis, Restless Legs Syndrome, and Obesity (20 CFR 404.1520(c)).
4. The severity of the claimant's Chronic Obstructive Lund Disease, Fibromyalgia, Carpal Tunnel Syndrome, Rheumatoid Arthritis, Restless Legs Syndrome and Obesity medically equals the criteria of section(s) 3.02A of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(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 404.1529 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 SSRs 96-2p, 96-5p, 96-6p and 06-3p.
At the hearing the medical expert, Dr. John Griscom, testified that based upon his analysis of the record medical evidence and claimant's testimony, he concluded that she equaled listing 3.02A. He noted that claimant had been treated for chronic obstructive lung disease for several years and had been compliant with treatment, but her condition had progressively declined over time. He testified that on February 8, 2007 claimant had tested at a FEV level of 1.58, but on May 6, 2008 she had tested at a much lower FEV level of 1.38. The listing level for Complainant's height is a FEV level of 1.45, thus the claimant has met the listing level for her respiratory impairment. Dr. Griscom further testified that this impairment in combination with the severity of claimant's musculoskeletal impairments (fibromyalgia, chronic fatigue, rheumatoid arthritis, restless legs, carpal tunnel syndrome, and obesity) equaled the above mentioned listing.
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