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Disabilities: Status/post CVA 1999 with residual left hemiparesthesis upper and lower extremities with limited use of left arm and no use of left hand and weakness in left leg, residual cognitive impairments, bipolar disorder, claudication lower extremities, status/post DVT right upper extremity
Notice of Decision: Fully Favorable
Administrative Law Judge: Irwin Bernstein
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 December 31, 2010.
2. The claimant has not engaged in substantial gainful activity since May 4, 2005, the amended 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 combination of impairments: status/post CVA 1999 with residual left hemiparesthesis upper and lower extremities with limited use of left arm and no use of left hand and weakness in left leg, residual cognitive impairments, bipolar disorder, claudication lower extremities, status/post DVT right upper extremity, (20 CFR 404.1520(c) and 416.920(c)).
The above combination of impairments causes significant limitation in the claimant's ability to perform basic work activities.
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; moderate 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 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 10 pounds on a regular basis with his right hand/arm and less than 5 pounds with his left hand/arm, and 10 pounds on an occasional basis with his right hand/arm and less than 5 pounds with his left hand/arm. The claimant can sit less than 6 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 claimant has limited ability to use his left arm and leg. The undersigned also finds that the claimant's chronic pain, depression and bipolar disorder significantly limit his ability to concentrate and complete an 8-hour day, 5-day work week.
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Awarded: Confidential