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Disabilities: Status post left leg fracture; status post left leg surgery; seizure disorder; attention deficit hyperactivity disorder (ADHD), not otherwise specified; eating disorder, not otherwise specified; and disassociative disorder, not otherwise specified
Notice of Decision: Fully Favorable
Administrative Law Judge: D. Kevin Dugan
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. There are two periods in issue in regard to this decision. The first period in issue is in regard to an application for Title II benefits, from the alleged onset date, December 1, 2000, through the date last insured, September 30, 2002. The second period in issue is in regard to Title XVI benefits, from the date of the application, July 18, 2007, through the date of this decision.
2. The claimant last met the insured status requirements of the Social Security Act on September 30, 2002.
3. The claimant has not engaged in substantial gainful activity since December 1, 2000, the alleged onset date (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).
During the first hearing on July 25, 2006, the claimant testified that she worked in 2001 on a part-time basis for one year and was paid in cash. She explained that she worked for a family friend in a tile business where she did clerical work filling out forms. (Testimony)
There is not enough evidence in the record to find that the claimant's work met the regulatory requirements of substantial gainful activity. However, this does support a finding that the claimant was capable of working on a sustained basis during the first period in issue. This also supports a finding that the claimant was not fully credible in regard to her allegation of being disabled and unable to work during the first period in issue.
During the second hearing on May 14, 2008 the claimant testified that she had stopped teaching yoga in 2002. She was self-employed and owned a company whose corporation expired five years before the hearing. (Testimony)
4. During the first period in issue, the claimant had the following severe impairments: seizure disorder controlled with medication; major depression; and alcoholism. During the second period in issue, the claimant has had the following severe impairments: status post left leg fracture; status post left leg surgery; seizure disorder; attention deficit hyperactivity disorder (ADHD), not otherwise specified; eating disorder, not otherwise specified; and disassociative disorder, not otherwise specified. (20 CFR 404.1520(c) and 416.920(c)).
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