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Federal Social Security Brief: Appeals Council Disability Denial (Brief 1, p 9)

Disabilities: Arthritis, Diabetes, and Hypertension

Federal Social Security Brief: Appeals Council Disability Denial
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida

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Post Hearng Consultative Examination

After the Hearing, on July 13, 2007, Claimant attended a Consultative Examination at the request of the Office of Disability Determinations (T222-234). The examiner stated in his Report that he was provided reports from Dr. Almaheed dated June 2006, Dr. Ellowitz dated July 2004, and from Broward Medical Center dated January 2007. He said the examination time was 30 minutes (T222). On examination he stated blood pressure was 152/98 Right, 150/100 Left; Height was 74", weight was 224 pounds. He noted pain evident on range of motion testing of right ankle and right knee. He noted Claimant wore an Ace wrap over his right ankle. He said Claimant would only squat ¾ of the way down with moderate difficulty using support. He gave "Impression" as: (1) history of hypertension, treatment, stage 1 without end organ dysfunction; (2) Type 2 insulin-dependent diabetes mellitus, poorly controlled on therapy without end organ dysfunction, (3) probable degenerative joint disease, and (4) chronic LS pain probably secondary to degenerative changes and/or degenerative disc disease without radiculopathy. (T222-224). Range of Motion forms were checked as Normal except for plantar flexion in the ankle, inversion in the ankle (T225-227).

Based on his 30-minute examination, the physician said Claimant could continuously lift 11-20 pounds, frequently lift 21-50 pounds; could carry continuously 11-20 pounds, frequently carry 21-50 pounds; could stand 2 hours, sit 2 hours, walk 1 hour at one time; could sit for 6 hours total in an 8 hour workday; could stand for 5 hours total in an 8-hour workday; could walk for 4 hours total in an 8 hour workday. He said Claimant did not need a cane to ambulate. He did not limit Claimant's use of the hands. He did not limit Claimant's use of the feet. He said Claimant could occasionally climb stairs and ramps, could occasionally climb ladders or scaffolds, and could frequently balance, stoop, kneel, crouch, and crawl. He said Claimant could frequently work at unprotected heights, frequently work around moving mechanical parts, and frequently operate a motor vehicle. He found no other limitations. (T222-234). This form was completed and was entered as exhibit 9F in Claimant's file but there is no evidence in the Transcript of Record that it was ever submitted to the Claimant or to Claimant's counsel.

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