Toll-Free: (888) 234-5758
Phone: (954) 523-3870
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
Disabilities: Residual effects of a fall, osteoarthritis and surgery on right knee, hypertension, lumbar spine disorder, GERD, neuropathy, headaches, severe pain disorder, and depression
Notice of Decision: Fully Favorable
Administrative Law Judge: Dean W. Determan
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's date last insured is December 31, 2008.
2. The claimant has not engaged in substantial gainful activity since March 17, 2003, the alleged 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 impairment(s): status post fall off of a roof, status post right knee surgery, right knee osteoarthritis, hypertension, lumbar spine disorder, GERD, neuropathy, headaches, severe pain, pain disorder and depression (20 CFR 404.1520(c) and 416.920(c)).
The claimant has the following degree of limitation in the broad areas of functioning set out in the disability regulations for evaluating mental disorders and in the mental disorders listings in 20 CFR, Part 404, Subpart P, Appendix 1: mild restriction of activities of daily living; mild difficulties in maintaining social functioning; moderate difficulties in maintaining concentration, persistence or pace; and no episodes of decompensation.
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) and 416.920(d)).
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to, in an eight hour workday, sit less than six hours, stand/walk less than two hours and lift/carry less than ten pounds. The claimant has the ability to perform work involving simple, repetitive tasks which did not require bilateral fine manipulation. (20 CFR 404.1567(a) and 416.967(a)).
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 416.929 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 416.927 and SSRs 96-2p, 96-5p, 96-6p and 06-3p.
Continue to next page
Return to Case Results
The Law Office of LaVan & Neidenberg represents disabled people across the nation. Our firm advertises on television in: Miami-Dade County, Florida; Broward County, Florida; Palm Beach County, Florida; Fulton County, Georgia; and DeKalb County, Georgia. Click here to watch a television commercial.
Awarded: Confidential