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Disabilities: Depression, partial complex seizures, organic neurological psychological impairment, and history of drug and alcohol abuse
Notice of Decision: Fully Favorable
Administrative Law Judge: Carolyn J. Van Duzer
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, I make the following findings:
1. The claimant's date last insured is June 30, 2007.
2. The claimant has not engaged in substantial gainful activity since March 22, 2005, 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): depression, partial complex seizures, organic neurological psychological impairment and history of drug and alcohol abuse (20 CFR 404.1520(c) and 416.910(c)).
4. The severity of the claimant's depression and seizures meet the criteria of section(s) 11.02 and lZ.04 or20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)).
In making this finding, I 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 404.1529 and 416.929 and SSRs 96-4p and 96-7p. I have 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.
This claimant has a long documented history of seizure disorder, first diagnosed in 1999, with multiple hospitalizations on records either for severe seizures or due to medical treatment complications, managed with Keppra and Dilantin. The record also indicates the claimant takes medication for several other medical conditions, including depression, irregular heart beat, gastric reflux and anxiety. The claimant first developed depression following the death of her mother on or about 2001 (47F).
In 2003 she started complaining of serious memory difficulty interfering with her ability to work (see Exhibits, IF-2IF, 32F, 35F, 36F and 41F through 47F). The claimant has also undergone several neuropsychological evaluations to determine the effect of her seizures in her overall functioning and memory (see 47F). These studies have validated a serious drop in memory skills from 2003 to 2007, with severely diminished attention and concentration when compared to her peers (see 47F/2, 3).
In 2005, the claimant reported sleep problems, lack of appetite, loss of energy, feelings of hopelessness and worthlessness, frequent crying, death wishes, anxiety, social and interpersonal discomfort including paranoia and public self-consciousness (22F). The examining clinical psychologist at the Epilepsy Foundation opined the claimant was very depressed and anxious secondary to her cognitive decline (see 22F and 47F). The subsequent medical evidence indicated a continued mental functioning decline and by 2007 the tests demonstrated the claimant had serious neuro-psychological impairment of memory, attention, concentration, short-term recall, as well as sensory/perceptual integration which affect the cognitive domains needed for adequate job performance (47F).
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Awarded: Confidential