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Disabilities: Thoracolumbar degenerative disc disease and spondylosis and anxiety
Notice of Decision: Fully Favorable
Administrative Law Judge: Jennifer B. Millington
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 on September 30, 2005.
2. The claimant has not engaged in substantial gainful activity since July 19, 2006, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).
3. Prior to July 19, 2006, the date the claimant became disabled, the claimant had the following medically determinable impairment: back pain. However, this impairment did not cause more than a minimal impact on the claimant's ability to perform basic work activities for 12 consecutive months; therefore, the claimant did not have a severe impairment or combination of impairments (20 CFR 404.1521 and 416.921).
Basic work activities are the abilities and aptitudes necessary to do most jobs. Examples of these include:
1. Physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling;
2. Capacities for seeing, hearing, and speaking;
3. Understanding, carrying out, and remembering simple instructions;
4. Use of judgment;
5. Responding appropriately to supervision, co-workers, and usual work situations; and
6. Dealing with changes in a routine work setting (SSR 85-28).
After considering the evidence of record, the undersigned finds that the claimant's current medically determinable impairment could reasonably be expected to produce the alleged symptoms; however, the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are not credible prior to July 19, 2006, to the extent they are inconsistent with finding that the claimant has no severe impairment or combination of impairments for the reasons explained below. As the claimant's attorney stated in his brief, the medical evidence simply does not show a severe impairment prior to July 19, 2006.
4. Beginning on July 19, 2006, the claimant has had the following severe impairments: thoracolumbar degenerative disc disease and spondylosis and anxiety (20 CFR 404.1520(c) and 416.920(c)).
5. Beginning on July 19, 2006 the claimant has not had 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)).
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