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Disabilities: Chronic Obstructive Pulmonary Disease (COPD), AIDS, and peripheral neuropathy with symptoms of fatigue and shortness of breath
Notice of Decision: Fully Favorable
Administrative Law Judge: D. Kevin Dugan
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida
FINDINGS OF FACT ANDCONCLUSIONS 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, 2012.
2. The claimant has not engaged in substantial gainful activity since December 14, 2007, 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: chronic obstructive pulmonary disease, AIDS, and peripheral neuropathy with symptoms of fatigue and shortness of breath (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)).
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 he can lift and carry less than 10 pounds frequently or occasionally, can sit for less than 6 hours in an 8 hour workday, can stand/walk for less than 2 hours in an 8 hour workday, and would miss at least four days of work per month due to his symptoms.
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 416.927 and SSRs 96-2p, 96-6p and 06-3p.
Claimant was hospitalized from December 17, 2007 through December 27, 2007 with pneumonia and at that time was diagnosed with HIV. In early January 2008, claimant was again hospitalized with pneumonia, acute pancreatitis, HIV, and anemia with symptoms of general weakness and questionable PCP. From January 28, 2008 to February 3, 2008, he was again hospitalized with pneumonia, HIV, acute pancreatitis, anemia, herpes infection of the penis and unexplained weight loss. In February 2008 Dr. Aklilu, Infectious Diseases, diagnosed the claimant with AIDS. In June 2008 he was diagnosed with AIDS, acute bronchitis and peripheral neuropathy. By October 2008 the diagnosis included COPD. His treating physician, Dr. Aklilu, completed a Residual Functional Capacity Form on 06/06/08, stating that the claimant, due to his diagnosis of HIV, with symptoms of dizziness, and fatigue, would need to sit for about 5 hours per day in a recliner or recline in a bed. Claimant was able to sit, stand, or walk for less than 2 hours each in an 8-hour workday; and would be absent from work more than four days a month due to his impairments or treatments.
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