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Disabilities: cardiomyopathy, mental retardation, congestive heart failure, and ischemia
Notice of Decision: Fully Favorable
Administrative Law Judge: Ruben Rivera Jr.
Office of Disability Adjudication & Review (ODAR): 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 June 30, 2010.
2. The claimant has not engaged in substantial gainful activity since December 21, 2006, 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 impairment(s): cardiomyopathy, mental retardation, congestive heart failure, and ischemia (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. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform less than sedentary work on a regular basis as defined in 20 CFR 404.1567(a) and 416.967(a).
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 of20 CFR404.l529 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.
Medical records from Dr. Robert Hendly dated August 21, 2007, reveal that claimant has been diagnosed and is being treated for severe cardiomyopathy with moderate to severe left ventricular dysfunction and congestive heart failure. Testing shows an ejection fraction of 30-35%. Claimant also has moderate mitral regurgitation. A stress test done on March 20, 2007 was POSITIVE for ischemia it is clear that claimant has been disabled since his present filing date of December 21, 2006. The record shows that claimant had a prior period of disability from June 1997 through November 2005.
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairment(s) could reasonably be expected to produce the alleged symptoms and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible.
The State agency medical opinion is given little weight because another medical opinion is more consistent with the record as a whole.
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