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Disabilities: status post arthroscopic surgery to right knee due to tear of both meniscii, status post benign lipoma with removal surgery, and possible recurrence of lipoma on right knee
Notice of Decision: Fully Favorable, Closed-Period*
Administrative Law Judge: Jose G. Rolon-Rivera
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, the undersigned makes the following findings:
1. The claimant met the insured status requirements of the Social Security Act as of August NF, 2005, the date the claimant became disabled.
2. From August NF, 2005 through October 31, 2006, the period during which the claimant was under a disability, the claimant did not engage in substantial gainful activity (20 CFR 404.1520(b), 404.1571 et seq., 416.920(b) and 416.971 et seq.).
3. From August NF, 2005, through October 31, 2006, the claimant had the following severe combination of impairments: status post arthroscopic surgery (2005) to right knee because of a tear of both meniscii, status post benign lipoma with removal surgery in 2006, and possible recurrence of lipoma on right knee (20 CFR 404.1520(c) and 416.920 (c)).
An impairment(s) is "not severe" when medical evidence establishes only a slight abnormality or combination of slight abnormalities that would have no more than a minimal effect on the ability to do basic work activities. 20 C.F.R. § 404.1521 and § 416.921; SSRs 85-28 and 96-3p. The undersigned finds that from August NF, 2005, through October 31, 2006, the claimant's situational depression was a "non-severe" impairment.
It should be noted that the claimant experienced some situational depression. State agency doctors determined that the claimant's depression was a non-severe impairment. The claimant has not had any treatment for any psychological/psychiatric problems, nor is she taking any medication for depression. Dr. Beatriz Cabrera, PsyD, performed a psychological consultative exam on the claimant on April 18, 2006, and stated that the claimant denied any prior psychiatric history. Dr. Cabrera reported that the claimant appeared to be struggling, yet coping with physical limitations and her daughter's death. Dr. Cabrera's assessment of the claimant's condition included adjustment disorder with mixed disturbance of emotions and conduct, and knee pain (Exhibit 6F).
State Agency medical experts concluded that the claimant's mental impairment is not severe (Exhibits 22F & 25F). Although the State Agency medical consultants at the reconsideration and initial levels did not examine the claimant, they provided specific reasons for their opinions about the claimant's affective disorder showing that the opinions were grounded in the evidence in the case record, including careful consideration the claimant's allegations about her symptoms and limitations. The undersigned finds that evidence received into the record after the reconsideration determination did not provide any new or material information that would alter any findings about the claimant's residual functional capacity. Social Security Ruling 96-6p.
*This case received a fully favorable decision, closed-period disability. A closed-period exists when a claimant is found ineligible for on-going benefits, but eligible to receive benefits for a specified period of time in the past.
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