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Disabilities: Obesity, cardiomyopathy, osteoarthritis of the knees with impaired ambulation, and status post implantation of ACID for recurrent arrhythmias
Notice of Decision: Fully Favorable
Administrative Law Judge: Barbara C. Marquardt
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 meets the insured status requirements of the Social Security Act through December 31, 2010.
2. The claimant has not engaged in substantial gainful activity since August 31, 2007, the amended 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: obesity, cardiomyopathy, osteoarthritis of the knees with impaired ambulation, and status post implantation of ACID for recurrent arrhythmias (20 CFR 404.1520(c) and 416.920(c)).
The above impairments cause significant limitation in the claimant's ability to perform basic work activities.
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. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform less than a full range of sedentary work. He can sit for two to three hours in an 8-hour work day, stand and/or walk for less than two hours in an 8-hour work day, and must use a cane for ambulation. He can never lift up to 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 CFR404.1529 and 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of20 CFR 404.1527 and 416.927 and SSRs 96-2p, 96-5p, 96-6p and 06-3p.
The claimant is 43 years old. He has a high school education and two years of college. The claimant has past relevant work experience as a paralegal, corrections officer and truck driver. Medical evidence of record shows that the claimant has a history of right knee pain with arthroscopic surgery in the past. On December 11, 2006 Samuel Rand, M.D. examined the claimant and indicated that he was 5'7" tall and weighed 307.5 pounds. In regard to gait, the claimant walked with his right knee stiffly. Impressions were of morbid obesity, degenerative joint disease and hyperlipidemia (Exhibit B-2F).
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