Toll-Free: (888) 234-5758
Phone: (954) 523-3870
Disabilities: Severe osteoarthritis of the bilateral knees, hypertension, status post left ankle fracture, and obesity
Notice of Decision: Fully Favorable
Administrative Law Judge: D. Kevin Dugan
Office of Disability Adjudication & Review (ODAR): Fort Lauderdale, Broward County, Florida & Palm Beach County, Florida
Return to page 1 of decision
Because of the severity of her left knee arthritis and lack of response to conservative treatment, the claimant is considered to be a candidate for a total left knee replacement. Moreover, the undersigned notes that the claimant was 5'9" tall and weighed 244 pounds at the March 2007 consultative examination, and she was again described as obese at the October 2007 consultative examination. The claimant's obesity, in combination with her end stage osteoarthritis, is likely a factor contributing to her limited ability to stand and walk or perform postural functions as the result of her valgus deformity, crepitance, and swelling, which in turn impacts her ability to climb, balance, stoop, kneel, and crouch and requires her to use a cane for ambulation. Social Security Ruling 02-1p. The claimant has also been diagnosed with hypertension and was hospitalized on one occasion for chest pain. The extent of her limitations due to hypertension is unclear, although she has been prescribed two different medications for blood pressure control (Ex. 9F). The Administrative Law Judge therefore finds that at most, the claimant is able to perform sedentary work that allows her to sit for up to six hours per day as her ability to stand and walk for more than 2 hours total in an 8 hour day is substantially compromised by her severe bilateral knee arthritis. In addition, because she requires a cane to ambulate and lifting and carrying more than 10 pounds could aggravate her knee pain, the undersigned finds that she can lift and carry no more than 10 pounds on an occasional basis.
The State agency medical consultants' physical assessments are given little weight because evidence 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. The consultative physician who examined the claimant in March 2007 concluded that the claimant was capable of sitting and standing for short periods of time and would have difficulty with work related tasks suck as walking and standing for long periods of time or carrying objects greater than 20 pounds for long periods of time (Ex. 2F). While the state agency medical consultant took these limitations into consideration, stating that the claimant could stand/walk for 2 to 4 hours and could lift and carry up to 20 pounds occasionally, which the Administrative Law Judge feels that these limitations are not restrictive enough, given the extent of her osteoarthritis. The consultants further found that the claimant could perform almost all postural activities occasionally, other than never climbing ladders, ropes, and scaffolds or balancing, which does not correlate with the severity of the claimant's symptoms or her need to use a cane for ambulation (Ex. 3F, 8F).
Continue to next page
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: Miami-Dade County, Florida; Broward County, Florida; Palm Beach County, Florida; Fulton County, Georgia; and DeKalb County, Georgia. Click here to watch a television commercial.