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Disabilities: History of lumbar back surgery and polyneuropathy, patellofemoral dysfunction and maltracking due to quadriceps weakness, depression and chronic pain
Notice of Decision: Fully Favorable
Administrative Law Judge: Benjamin F. Parks
Office of Disability Adjudication & Review (ODAR): Miami-Dade County and Monroe County (including the Florida Keys)
FINDINGS
After careful consideration of the entire record, the administrative law judge makes the following findings:
1. The claimant met the disability insured status requirements of the Act on December 15, 2001, the date the claimant stated she became unable to work, and has not engaged in substantial gainful activity since that date.
2. The medical evidence establishes that the claimant has history of lumbar back surgery and polyneuropathy, patellofemoral dysfunction and maltracking due to quadriceps weakness, depression and chronic pain, which constitute(s) a "severe impairment."
3. The severity of the claimant's impairments equals the requirements of Section 1.04 A, Appendix 1, Subpart P, Regulations No, 4, and she has been precluded from working for at least 12 continuous months (20 CFR 404.1525 and 20 CFR 416.925).
4. The claimant has been under a "disability," as defined in the Social Security Act, since December 15,2001 (20 CFR 404.1520(d) and 20 CFR 416.920(d)).
DECISION
It is the decision of the administrative law judge that, based on the application filed on March 31, 2004, the claimant is entitled to a period of disability commencing on December 15, 2001, and to disability insurance benefits under Sections 216(i) and 223, respectively, of the Social Security Act.
It is the further decision of the administrative law judge that, based on the application for supplemental security income filed on March 31, 2004 the claimant has been "disabled" as defined in Section 1614(a)(3)(A) of the Social Security Act, since December 15,2001 and that the claimant's disability has continued at least through the date of this decision.
The component of the Social Security Administration responsible for authorizing supplemental security income payments will advise the claimant regarding the non-disability requirements for these payments, and if eligible, the amount and the month(s) for which payment will be made.
The undersigned recommend a Continuing Disability Review within two years of the date of this decision due to the claimant's younger age and the possibility of improvement with treatment.
Benjamin F. Parks
Administrative Law Judge
Date: AUG 24 2008
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