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Disabilities: Insulin-dependent diabetes mellitus (IDDM) with peripheral neuropathy and status post two left foot toe amputations due to gangrene; human immunodeficiency virus (HIV); hepatitis C; and history of substance abuse, not current
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 has not engaged in substantial gainful activity since August 27, 2007, the alleged onset date (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairments: insulin-dependent diabetes mellitus (IDDM) with peripheral neuropathy and status post two left foot toe amputations due to gangrene; human immunodeficiency virus (HIV); hepatitis C; and history of substance abuse, not current (20 CFR 416.920(c)).
The above impairments cause significant limitation in the claimant's ability to perform basic work activities.
3. 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 416.920(d)).
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform sedentary work except that she can lift and carry less than 10 pounds frequently, sit for less than six hours in an 8-hour day, and stand and walk for less than two hours in an 8-hour day. She must alternate sitting and standing every 30 minutes and must avoid concentrated exposure to hazards such as unprotected heights, moving mechanical parts and operation of a motor vehicle.
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 416.929 and SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 416.927 and SSRs 96-2p, 96-5p, 96-6p and 06-3p.
The claimant is 44 years old. She has a limited education and no past relevant work. Medical evidence of record shows that the claimant has a history of insulin-dependent diabetes mellitus with weakness, numbness and pain in the legs. Electrodiagnostic findings on February 6, 2007 were consistent with a widespread, large fiber, severe, axonal with a possible demyelinating component, peripheral polyneuropathy. The possibility of superimposed bilateral L5-S1 and right L2-L3 radiculopathy could not completely be excluded (Exhibit 2F, pages 1-2). Treating neurologist Barry J. Cutler, M.D. stated on January 28, 2008 that the claimant's peripheral neuropathy was severe and there was swelling in the left ankle. Her gait was slightly antalgic and sensation showed distal sensory loss (Exhibit 10F, pages 5-6). Records from Dania Primary Care show that the claimant was treated through May 2008 for symptoms related to HIV, diabetes and neuropathy, including diabetic sores. On January 20, 2008, she was diagnosed with skin lesions and pruritus (Exhibit 9F).
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