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Disabilities: Seizure (gran mal) disorder
Notice of Decision: Fully Favorable
Administrative Law Judge: Ruben Rivera, Jr.
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, I make the following findings:
1. The claimant's date last insured is June 30, 2010.
2. The claimant has not engaged in substantial gainful activity since January 1, 2006, the amended 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): seizure disorder (20 CFR 404.1520(c) and 416.920(c)).
4. The severity of the claimant's seizure disorder meets the criteria of section(s) 11.02 of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d) and 416.920(d)).
In making this finding, I 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. I have 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.
The listing requires that the claimant suffer from gran mal seizures which are documented by detailed description of a typical seizure pattern occurring more than once a month despite at least three months of prescribed treatment and that they either be diurnal with a loss of consciousness or convulsive in nature or nocturnal with manifestations that significantly interfere with daytime activities.
The claimant's medical records provide such documentation. The claimant began suffering seizures at the age of 14. They had been adequately controlled for a number of years but more recently became active again. The claimant was prescribed Dilatin which still produced seizures described as consisting of falling, losing awareness, biting of the tongue, shaking, spasms and incontinence on occasion. Postictal symptoms were described as including severe headaches and fatigue which would last at least the remainder of the day. These were the diurnal seizures. The claimant also testified that he has seizures at night which he becomes aware of in the morning when he finds items on his nightstand knocked over. The claimant's medication was changed from Dilantin to Keppra 500 mg in April and he testified it was just increased to 1200 mg per day recently. He still experiences about three seizures per month despite being compliant with his medication. His last full time job was at Appleby's where he had a seizure on the job and was let go by the manager. He had been let go from a previous place of employment for being too slow and inaccurate in his work.
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