Prostate Cancer | Kidney Disease | Diabetes Mellitus (Case 66, p.5)

Disabilities: DM (diabetes mellitus) with neuropathy, history of stroke (CVA) with resultant ataxic gait, anemia with severe fatigue, recent diagnosis of prostate cancer, and kidney disease

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

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Since the claimant is limited to the performance of less than sedentary work on a sustained basis §201.00(d) of Appendix 2, Subpart P, Regulations NO.4 also indicates that a finding of disability is appropriate considering the erosion of the claimant's occupational base (20 CFR §404.1520(f)). Additionally, SSR 96-8p warrants a finding of disability because the claimant has difficulty performing work activities at all exertional levels on a sustained basis, 8 hours a day, 5 days a week by reason of weakness and chronic fatigue.

11. The claimant has been under a disability, as defined in the Social Security Act from August 31, 2006, through the date of this decision (20 CFR 404.1520(g)).

DECISION

Based on the application for a period of disability and disability insurance benefits filed on April 19, 2007, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act beginning on August 31, 2006.

D. Kevin Dugan
Administrative Law Judge
Date: September 16, 2008

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