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Disabilities: DM (diabetes mellitus) with neuropathy, history of stroke (CVA) with resultant ataxic gait, anemia with severe fatigue, recent diagnosis of prostate cancer, and kidney disease
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. The claimant meets the insured status requirements of the Social Security Act through January 31, 2012.
2. The claimant has not engaged in substantial gainful activity since August 31, 2006, the alleged onset date (20 CFR 404.1520(b) and 404.1571 et seq.).
The claimant has $2776.77 in earnings posted to his record for 2007. The undersigned finds that these are not enough earnings to be considered substantial gainful activity and are, therefore, an unsuccessful work attempt.
3. The claimant has the following severe combination of impairments: DM (diabetes mellitus) with neuropathy, history of stroke (CVA) with resultant ataxic gait, anemia with severe fatigue, recent diagnosis of prostate cancer, and kidney disease (20 CFR 404. 1520(c)).
The above combination of impairments causes significant limitation in the claimant's ability to perform basic work activities.
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)).
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform the exertional demands of less than sedentary work, or work which is generally performed while sitting and never requires lifting in excess of 10 pounds (20 CFR, §§404.1567 and 416.967).
The evidence supports a finding that he can lift and carry less than 10 pounds on a regular basis or occasional basis. The claimant can sit less than 4 hours in an 8-hour workday and stand/walk less than 2 hours in an 8-hour day. The claimant can never climb ladders/ropes/scaffolds, work in high exposed places, or around other hazardous conditions. The claimant can occasionally climb ramps/stairs, balance, kneel, crouch, and crawl. The claimant requires complete freedom to rest during the day. The undersigned also finds that the claimant's weakness and chronic fatigue significantly limit his ability to concentrate and complete an 8-hour day, 5-day work week.
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, 96-5p, 96-6p and 06-3p.
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