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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
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Dr. Herrmann completed a CE at the request of SSA and stated claimant was not considered to maintain employment at the time he examined him. Dr. Hermann reported that the claimant stated he had problems being around people; he was very depressed; and he had problems with memory and concentration. Dr. Hermann's diagnostic impression of the claimant's condition included bipolar disorder and he noted that the claimant had a depressed mood with a restricted affect and he demonstrated deficits in attention, concentration, and memory. Dr. Spirazza conducted a consultative exam (CE) at the request of SSA and stated claimant had no use of the left hand and could not walk long due to pain in the left leg, claimant also had pain in the left arm. The claimant has been prescribed multiple medications for pain including morphine and oxycodone.
The claimant testified that he did not have a driver's license. The claimant testified that he has chronic depression and experiences "emotional outbursts", and noted that he was fired from his job because he hurt someone at Goodwill. The claimant testified that he cannot use his lift side since his stroke. The claimant testified that he hears voices and sees a little girl when he looks in the mirror.
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairments could reasonably be expected to produce the alleged symptoms and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible.
The State agency medical opinions are given little weight because another medical opinion is more consistent with the record as a whole and evidence received at the hearing level shows that the claimant is more limited than determined by the State agency consultants. Furthermore, the State agency consultants did not adequately consider the claimant's subjective complaints or the combined effect of the claimant's impairments.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
The demands of the claimant's past relevant work exceed the residual functional capacity.
7. The claimant was a younger individual age 18-44 on the established disability onset date (20 CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
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