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Disabilities: Uncontrollable muscle tremors
Notice of Decision: Fully Favorable
Administrative Law Judge: Dean W. Determan
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida
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Claimant was an apparently healthy child, when in 2007, he began having frequent uncontrollable muscle tremors. These shaking episodes begin in his lower extremities and progress throughout his body. Although claimant is aware that these tremors are occurring, he is unable to gain control of his arms or legs at that time. Apparently this problem had been going on for a year or so, but was getting progressively worse by September of 2007. These "shakes" occur three or four times per day. (Note: His grandmother reported that claimant began having tremors in his right hand about age eight.) These "shakes" cause him significant difficulty when he tries to play basketball because he can only play for a short time before he must sit down due to the tremulousness in his legs. However, he is able to play football and not be bothered by this problem.
During his Social Security Disability hearing before the undersigned Administrative Law Judge (ALJ), claimant testified that the randomness of these tremors causes him many difficulties. He may experience 4-10 "mini-tremors" throughout the day. When these occur his heart begins to race and his legs shake uncontrollably. He has to get his mother to drive him to school, and he has missed tests at school when he has had a sudden onset of the tremors. The tremors have also affected his social life because he is hesitant to go out in public for fear that he might have a seizure. These factors make him feel that he would be unable to maintain a job because of the possibility of having a sudden and completely unexpected seizure.
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 statements concerning the intensity, persistence and limiting effects of the claimant's symptoms are generally credible.
The State agency medical opinions are given little weight because the State agency consultants did not adequately consider the claimant's subjective complaints. State agency consultants did not conduct any examinations of claimant until after he reached his 18th birthday. The reasons for discounting their opinions are explained below.
6. The claimant was disabled prior to attaining age 18, because he had an impairment or combination of impairments that functionally equaled the listings (20 CFR 416.924(a)).
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