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Disabilities: Chronic Obstructive Pulmonary Disease (COPD), AIDS, and peripheral neuropathy with symptoms of fatigue and shortness of breath
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
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 83ยท11).
Even if the claimant had the residual functional capacity for the full range of sedentary work, considering the claimant's age, education, and work experience, a finding of "disabled" would be directed by Medical-Vocational Rule 201.06.
11. The claimant has been under a disability as defined in the Social Security Act since December 14, 2007, the alleged onset date of disability (20 CFR 404.1520(g) and 416.920(g)).
DECISION
Based on the application for a period of disability and disability insurance benefits filed on March 6, 2008, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act since December 14, 2007.
Based on the application for supplemental security income (SSI) filed on March6, 2008, the claimant has been disabled under section 1614(a)(3)(A) of the Social Security Act since December 14, 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.
D. Kevin Dugan
Administrative Law Judge
Date: November 24, 2008
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