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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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As the claimant has additional non-exertional limitations that render ineffective any transferable skills that he may have acquired and prevent the claimant from even simple, unskilled work, the claimant cannot be expected to make a vocational adjustment to other work.
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).
In determining whether a successful adjustment to other work can be made, the undersigned must consider the claimant's residual functional capacity, age, education, and work experience in conjunction with the Medical-Vocational Guidelines, 20 CFR Part 404, Subpart P, Appendix 2.
If the claimant can perform all or substantially all of the exertional demands at a given level of exertion, the medical-vocational rules direct a conclusion of either "disabled" or "not disabled" depending upon the claimant's specific vocational profile (8 SR 83-11). When the claimant cannot perform substantially all of the exertional demands of work at a given level of exertion and/or has non-exertional limitations, the medical-vocational rules are used as a framework for decision-making unless there is a rule that directs a conclusion of "disabled" without considering the additional exertional and/or non-exertional limitations (SSRs 83-12 and 83-14). If the claimant has solely non-exertional limitations, section 204.00 in the Medical-Vocational Guidelines provides a frame work for decision-making (SSR 85-15).
If the claimant had the residual functional capacity to perform the full range of sedentary work, considering the claimant's age, education, and work experience, a finding of "not disabled" would be directed by Medical-Vocational Rule 201.28. However, the additional limitations so narrow the range of work the claimant might otherwise perform that a find of "disabled" is appropriate under the framework of this rule. Since the claimant is limited to the performance of less than sedentary work on a sustained basis §201.00(h)(3) of Appendix 2, Subpart P, Regulations No.4 also indicates that a finding of disability is appropriate considering the erosion of the claimant's occupational base (20 CFR §404.1520(f)). Additionally, SSR 96-8p warrants a finding of disability because the claimant has difficulty performing work activities at all exertional levels on a sustained basis, 8 hours a day, 5 days a week by reason of bipolar disorder, depression and chronic pain.
11. The claimant has been under a disability, as defined in the Social Security Act, from May 4, 2005, through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).
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