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Disabilities: Chronic Obstructive Pulmonary Disease (COPD), AIDS, and peripheral neuropathy with symptoms of fatigue and shortness of breath
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
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 claimant testified that he lives at Broward House, where all of the cooking and housework are provided. He stated that he does laundry for 10 to 15 minutes before needing to lie down. He rests for 20 minutes and then continues. He stated that he has breathing problems every day and can walk for a block on a good day. The claimant uses one COPD medication once a day, another four times a day, and he uses Albuterol six times per day. The claimant stated that he spends most of the day in bed. He can sit up for 15 to 20 minutes and then must lie down because of fatigue and breathing problems. He can stand for no more than 15 minutes at a time due to leg pain. The claimant's testimony regarding his fatigue and shortness of breath, when viewed in light of the objective evidence and his treating physician's assessment of his physical capabilities, correlates with his inability to perform even less than sedentary work activity.
The State agency medical consultants' physical assessments are given little weight because 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 his residual functional capacity.
7. The claimant was an individual of advanced age 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).
9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity defined above (20 CFR 404.1568 and 416.968).
10. Considering the claimant's age, education, work experience, and residual functional capacity, there are no jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1560(c), 404.1566, 416.960(c), and 416.966).
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