Toll-Free: (888) 234-5758
Phone: (954) 523-3870
Disabilities: Hypertension
Notice of Decision: Fully Favorable
Administrative Law Judge: Carol J. Pennock
Office of Disability Adjudication & Review (ODAR): Miami-Dade & Monroe County, Florida (including the Florida Keys (Key West))
Return to page 1 of decision
Dr. Schosheim opined that the record documents that the claimant's schizoaffective disorder is a persistent depressive syndrome characterized by anhedonia, sleep disturbance, decreased energy, difficulty concentrating or thinking, hallucinations, and delusions resulting in marked restriction of activities of daily living, marked difficulties in maintaining social functioning, and marked difficulties in maintaining concentration, persistence, and pace. Dr. Schosheim further opined that that the claimant's impairment also meets the criteria of listing 12.03, schizophrenic, paranoid and other psychotic disorder.
In reaching this conclusion, I find that, beginning on January 1, 2005, the claimant's allegations regarding her symptoms and limitations are somewhat credible, however her allegations are affected by the symptoms of her mental impairment, particularly her difficulty concentrating and thinking, and her delusions. These symptoms are so severe that they color and perhaps distort her perceptions and recollections, particularly as to what may have occurred prior to the onset of disability.
As for the opinion evidence, I have given substantial weight to the opinions of the medical expert, Dr. Schosheim, and the claimant's treating psychiatrist, Dr. Borrego. I have given little weight to medical opinions provided by the state agency regarding the severity of the claimant's mental impairment after January 1, 2005 because significant evidence was received at the hearing level.
6. The claimant was not disabled prior to January 1, 2005 (20 CFR 404.1520(c) and 416.920(c)), but became disabled on that date and has continued to be disabled through the date of this decision (20 CFR 404.1520(d) and 416.920(d)).
DECISION
Based on the application for a period of disability and disability insurance benefits filed on November 22, 2004, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act beginning on January 1, 2005.
Based on the application for supplemental security income filed on November 22, 2004, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act beginning on January 1, 2005.
The component of the Social Security Administration responsible for authorizing supplemental security income will advise the claimant regarding the non-disability requirements for these payments, and if eligible, the amount and the months for which payment will be made.
A determination to appoint a representative payee to manage payments in the claimant's interest is recommended.
Carol J. Pennock
Administrative Law Judge
Date: August 29, 2008
Return to Case Results
Contact us for a FREE evaluation of your case
*The Law Office of LaVan & Neidenberg represents disabled people across the nation. Our firm advertises on television in the following cities: Fort Lauderdale, FL; Miami, FL; Palm Beach, Florida; and Atlanta, Georgia. Click here to watch a television commercial.