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Disabilities: Symptomatic HIV, affective mood disorder, symptomatic HIV, affective mood disorder, peripheral neuropathy, and osteoarthritis peripheral neuropathy, and osteoarthritis
Notice of Decision: Fully Favorable
Administrative Law Judge: Ruben Rivera, Jr.
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 April 26, 2007, the date the application for supplemental security income was filed (20 CFR 416.920(b) and 416.971 et seq.).
2. The claimant has the following severe impairment(s): symptomatic HIV, affective mood disorder, peripheral neuropathy, and osteoarthritis (20 CFR 416.920(c)).
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 less than sedentary work as defined in 20 CFR 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 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.
Medical records from Dr. J.A. Halim reveal that EMC/NCS studies were compatible with sensory neuropathy in the lower extremities, which confirms claimant's allegations of pain and swelling in her legs. Dr. Halim also found progressive numbness in the upper and lower extremities related to the HIV neuropathy. Claimant also has significant side-effects from her prescribed medications which further prevent her from performing work-related activities on a regular basis. In addition, she has depression, fatigue, reduced vision, and right knee pain. It is clear that claimant has a combination of physical and non-exertional impairments that prevent her from working. She is therefore totally disabled.
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.
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Awarded: Confidential