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Disabilities: Hypertension and diabetes mellitus
Notice of Decision: Fully Favorable
Administrative Law Judge: Antonio Acevedo Torres
Office of Disability Adjudication & Review (ODAR): Miami-Dade & Monroe County, Florida (including the Florida Keys (Key West))
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 December 31, 2009.
2. The claimant has not engaged in substantial gainful activity since October 16, 2007, 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(s): hypertension and diabetes mellitus (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 one of the 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 the full range of light work as defined in 20 CFR 404.1567(b) and 416.967(b).
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 404.1529 and 416.929 and SSRs 96Ap and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and 416.927 and SSRs 96-2p, 96-6p and 06-3p.
The medical evidence of record shows that the claimant has been treated and followed for hypertension and diabetes mellitus since January 2003 (Exhibits 1F through 14F). At the hearing, the undersigned observed the claimant to be extremely short of breath. Her shortness of breath was such that the undersigned determined that the claimant can do no more than light work activity.
After considering the evidence of record and observing the physical effects of the claimant's severe impairments, the undersigned finds that the claimant's medically determinable impairment 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.
The State agency medical consultants' physical assessments are given little weight because other medical opinions are more consistent with the record as a whole.
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