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Disabilities: Multilevel herniated disc disease of the lumbar spine with central spinal stenosis, impingement of the dural sac, and encroachment of the neural foramina
Notice of Decision: Fully Favorable
Administrative Law Judge: Jeffrey D. Wedekind
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 December 31, 2008.
2. The claimant has not engaged in substantial gainful activity since November 16, 2006, the amended 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: multilevel herniated disc disease of the lumbar spine with central spinal stenosis, impingement of the dural sac, and encroachment of the neural foramina (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 section 1.04 or any of the other listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)).
5. The claimant has the residual functional capacity to perform no more than sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a).
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 of 20 CFR 404.1527 and
416.927 and SSRs 96-2p, 96-5p, 96-6p and 06-3p. Specifically, I have given substantial weight under SSR 96-6p to the recent, February 14,2008 assessment completed by independent consultative examiner, Dr. Ubaldo Rodriguez, MD, who, based on his examination and the claimant's September 2006 lumbar MRI, concluded that the claimant cannot stand/walk more than an hour a day. Although another consultative medical examiner, Dr. Hector Meruelo, MD, concluded in January 2008 that the claimant could stand/walk up to 3 hours per day (Exh. 105F), I give greater weight to Dr. Rodriguez's assessment as he is a Board-certified orthopedic surgeon.
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