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Disabilities: Essential Hypertension, Epilepsy / Seizure Disorders, Anxiety, and Depression
Notice of Decision: Fully Favorable
Administrative Law Judge: Jose G. Rolon-Rivera
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 December 31, 2011.
2. The claimant has not engaged in substantial gainful activity since May 6, 2007, the amended alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
3. The claimant has the following severe impairment(s): Essential hypertension, Epilepsy/seizure disorders, anxiety, and depression (20 CFR 404.1520(c)).
4. The severity of the claimant's impairments meets the criteria of section 11.02 or 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d)).
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 SSRs 96-4p and 96-7p. The undersigned has also considered opinion evidence in accordance with the requirements of 20 CFR 404.1527 and SSRs 96-2p, 96-6p and 06-3p.
The claimant's impairments meet listing 11.02. Per claimant's credible testimony as corroborated by the totality of the medical evidence now of record and by the Medical Expert's opinion claimant was diagnosed with grand mal seizure attacks. Claimant suffers from anemia and repeated seizure attacks not relenting in spite of medication treatments.
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairments 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 and psychological consultant's mental assessment are given little weight because other medical opinions are more consistent with the record as a whole. Furthermore, the State agency consultants did not adequately consider the claimant's subjective complaints.
5. The claimant has been under a disability as defined in the Social Security Act since May 6, 2007, the amended alleged onset date of disability (20 CFR 404.1520(d)).
DECISION
Based on the application for a period of disability and disability insurance benefits filed on May 23, 2007, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act since May 6, 2007.
Medical improvement is expected with appropriate treatment. Consequently, a continuing disability review is recommended in 24 months.
Jose G. Rolon - Rivera
Administrative Law Judge
Date: October 28, 2008
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