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Open Reduction and Internal Fixation of Left Ankle | Social Security (Case 42, p.2)

Disabilities: Open reduction and internal fixation of left ankle

Notice of Decision: Fully Favorable
Administrative Law Judge: Jose Perez-Gonzalez
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida

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The State agency medical opinions 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. 

5. The claimant has been under a disability, as defined in the Social Security Act, from December 23, 2006 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 January 12, 2007, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act beginning on December 23, 2006. 

Based on the application for supplemental security income protectively filed on January 31, 2007, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act beginning on December 23, 2006. 

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. 

Medical improvement is expected with appropriate treatment. Consequently, a continuing disability review is recommended in 12 months. 

Jose Perez-Gonzalez
Administrative Law Judge
Date: September 30, 2008 

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