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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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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 (SSR 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 framework for decision-making (SSR 85-15).
Since April 2, 2007, and since attaining age 18, 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 201.27. However, the additional limitations so narrow the range of work the claimant might otherwise perform that a finding of "disabled" is appropriate under the framework of this rule.
16. The claimant has been under a disability, as defined in the Social Security Act, from April 2, 2007 through the date of this decision (20 CFR 404.350(a)(5), 404.1520(g), 20 CFR 416.924(d) and 416.920(g)).
DECISION
Based on the application for disabled child's insurance benefits protectively filed on September 1, 2007, the claimant has been disabled as defined in section 223(d) of the Social Security Act beginning on April 2, 2007.
Based on the application for supplemental security income (SSI) protectively filed on September 1, 2007, the claimant has been disabled as defined in section 1614(a)(3)(C) of the Social Security Act since April 2, 2007.
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 18 months from the date of this decision.
Dean W. Determan
Administrative Law Judge
Date: October 20, 2008
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