Toll-Free: (888) 234-5758
Phone: (954) 523-3870
Disabilities: Epilepsy seizure disorder; mini strokes, vertigo, and essential hypertension
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
At the hearing, the claimant testified that she is homeless. The claimant related that she experiences seizures maybe 1 or 2 times a week. She also indicated that she takes high blood pressure medication. Additionally, the claimant reported that in 2007, she had a stroke, and as a result; she experiences migraine headaches almost every night. She related that she also demonstrated grand mal seizures. While experiencing a grand mal seizure, the claimant described that she would shake, fall on the floor, and cannot remember anything. The claimant testified that even though she takes medication, she still experience the partial seizures at any time. The claimant stated that when she has the partial seizures, she would stare, fall, and at night she would wet the bed. Moreover, she testified that she experience dizziness 1 to 3 times a week, and would see double, as well as stagger. Furthermore, the claimant testified that she has fatigue and feels tired. She related that she takes the bus to church, and goes to sleep on the bus. After considering the evidence of record, the undersigned finds that the claimant's medically determinable impairment could reasonably be expected to produce the alleged symptoms and that the claimant's statements concerning the intensity, persistence and limiting effects of these symptoms are generally credible.
The undersigned considered the opinions of the State agency medical consultants who provided residual functional capacity assessments at the initial and reconsideration levels (unexhibited). While these opinions were reasonable, based on the evidence available at the time, additional evidence received into the record at the hearing level convinces the undersigned that the claimant was more limited than originally thought (Social Security Ruling 96-6p).
6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).
The demands of the claimant's past relevant work exceed the residual functional capacity.
7. The claimant was a younger individual age 45-49 on the established disability onset date (20 CFR 404.1563 and 416.963).
8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).
9. The claimant's acquired job skills do not transfer to other occupations within the residual functional capacity defined above (20 CFR 404.1568 and 416.968).
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.