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Disabilities: Degenerative disc disease, left hip bursitis and osteoarthritis of the lumbar spine
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
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In a statement dated July 7, 2006, Melvyn Rech, D.O., expressed the opinion that the claimant could sit for less than two hours, stand for about two hours in an eight hour workday. She would need a job which permitted shifting positions at will from sitting, standing or walking, and she would need to take unscheduled breaks. She could lift up to ten pounds occasionally, but she cannot stoop or crouch, according to Dr. Rech (Exhibit 17F). The Administrative Law Judge will give controlling weight to the opinion of Dr. Rech, because he treated the claimant since January 26, 2006 and his opinion is well supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other evidence of record (20 CFR 404. 1527(d)).
After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairment 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 consultants' physical assessments are given little weight because 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.
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565).
The demands of the claimant's past relevant work exceed the residual functional capacity.
7. The claimant was an individual of advanced age on the established disability onset date (20 CFR 404.1563).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564).
9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity defined above (20 CFR 404.1568).
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