Toll-Free: (888) 234-5758
Phone: (954) 523-3870
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Disabilities: Gout and depressive disorder
Notice of Decision: Fully Favorable
Administrative Law Judge: Priscilla M. Rae
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's date last insured is September 30, 2005.
2. The claimant has not engaged in substantial gainful activity since June 1, 2001, 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 impairments: Gout and a depressive disorder (20 CFR 404.1520(c) and 416.920(c)).
The record also reflects the claimant has hypertension, bronchial asthma, obesity, and is status post umbilical hernia. However, there is no objective medical evidence to support that these impairments impose significant limitations on his ability to function and as a result are not severe. The claimant's hypertension has not resulted in any end organ damage and is controlled with proper medication. The claimant was asthmatic since birth but he has not had any recent asthmatic attacks or required any emergency room care or hospitalizations. His condition is well controlled with medications. Treatment notes show the claimant has weighed over 200 pounds with a recorded height of 69 inches; however, this condition has not affected any of his other body systems. Finally, the claimant had recently undergone a hernia repair in April 2008 with no complications reported. Clearly, this impairment does not meet the twelve month durational requirement. In view of the above, I find these impairments to be not severe.
The claimant has the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluating mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix 1: moderate restriction of activities of daily living; moderate difficulties in maintaining social functioning; moderate difficulties in maintaining concentration, persistence or pace; and no episodes of decompensation.
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)).
Continue to next page
Return to Case Results
Contact us for a FREE evaluation of your case
*The Law Office of LaVan & Neidenberg represents disabled people across the nation. Our firm advertises on television in: Miami-Dade County, Florida; Broward County, Florida; Palm Beach County, Florida; Fulton County, Georgia; and DeKalb County, Georgia. Click here to watch a television commercial.
Awarded: Confidential