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Disabilities: Bilateral osteoarthritis of the shoulders, status-post surgeries; degenerative disc disease of the cervical and lumbar spine; arthritis of the knees, bilaterally; carpal tunnel syndrome; and a major depressive disorder
Notice of Decision: Fully Favorable
Administrative Law Judge: Irwin Bernstein
Office of Disability Adjudication & Review (ODAR): Tampa, Florida (including, Clearwater, Naples, Sarasota and St. Petersburg)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
After consideration of the record, the undersigned makes the following findings and conclusions:
1. The claimant's date last insured is March 31, 2007.
2. The claimant has not engaged in substantial gainful activity since March 14, 2006, the disability 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 impairments: bilateral osteoarthritis of the shoulders, status-post surgeries; degenerative disc disease of the cervical and lumbar spine; arthritis of the knees, bilaterally; carpal tunnel syndrome; and a major depressive disorder (20 CFR 404.1520(c) and 416.920(c)).
The claimant has a long-standing history of right shoulder pain associated with a decrease range of motion since the early 1990's. Currently, the claimant reports that his shoulder pain radiates down into the fingers, despite physical therapy with injections. A March 2006 physical examination revealed a stiff right shoulder with extremely limited range of motion; tenderness to palpitation; and pain with all movements associated with crepitation of the glenohumeral joint. The radiographic findings showed advanced glenhomueral arthritis and multiple loose bodies of the right shoulder and tendon tear and complete loss of shoulder joint, conditions that are signs consistent with the claimant's complaints of an inability to perform repetitive lifting often pounds or more. The claimant was assessed with right shoulder osteoarthritis and underwent a right shoulder total replacement. By October 2006, the physical examinations and radiographic findings disclosed that the claimant had severe degenerative arthritis of the left shoulder; and he underwent a left hemiarthroplasty of the left shoulder, without any complications.
The claimant has a long-standing history of bilateral carpal tunnel syndrome and herniated discs of the cervical and lumbar spine. A September 2006 neuroelectric examination showed evidence of chronic bilateral multilevel cervical radiculopathy with a co-existing mild-to-moderate carpal tunnel syndrome of the wrists. He had an increase in canal stenosis of the C5-7 levels as shown by a positive electromyogram and a nerve conduction study. By 2007, the claimant's complaints of neck and back pain associated with radiculopathy limited his ability to sit, walk, and stand for prolong periods and to perform repetitive lifting. A follow-up MRI of the spine revealed multilevel degenerative disc disease and facet disease ofL3-Sllevels; canal stenosis of the L2-S1 levels; a right paracentral focal disc protrusion of the L4-5 level with moderate central canal stenosis; and a disc protrusion of the L5-S1 level that is superimposed on the bulging disc. The claimant was scheduled for carpal tunnel surgery in August 2007 and was recommended for a C6-7 discectomy and fusion.
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