No. 1941

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As published in Volume 34, No. 10, October 2012 edition of the Social Security Forum of the National Organization of Social Security Claimants’ Representatives (NOSSCR).

The ALJ issued a fully favorable decision, finding the claimant’s impairments meet the criteria of listing 12.02C (Organic Mental Disorders). The paragraph “A” criteria are satisfied because the claimant has a documented memory impairment, mood disturbances, and emotional lability. The paragraph “C” criteria are also met. The claimant’s mother testified that he has lived with her since his birth. He was in special education classes and she provides his basic needs, including making meals, reminding him to take his medications, and taking care of his finances. He has memory difficulties. While he used alcohol and drugs in the past to deal with his emotions, he has not used substances since September 2010. IQ testing performed before his 22nd birthday indicate full scaled IQ of 64. The treating physician treats the claimant for depression and ADHD. In his opinion, the claimant is incapable of several essential work-related activities. The ALJ also found that the substance use disorders are not a contributing factor material to the disability determination. In addition, the ALJ found that work performed after the onset date was an unsuccessful work attempt. John Horn, Esq, Tinley Park, IL.

Re: Listing 1.04A

Written by admin. Posted in Blogs

As published in Volume 34, No. 9, September 2012 edition of the Social Security Forum of the National Organization of Social Security Claimants’ Representatives (NOSSCR).

The ALJ issued a fully favorable decision finding that the combination of the claimant’s multilevel degenerative disc disease, Hepatitis C, and rheumatoid arthritis (RA) equaled Listing 1.04A (Disorders of the spine with nerve root compression). At the hearing, a medical expert (ME) testified that the claimant’s ongoing chronic lower back pain was compounded by Hepatitis C and RA. These conditions add to the limitations and pain that the claimant has. He further noted that the back surgery the claimant underwent did not provide pain relief and that she continued to have lower extremity weakness. She was found disabled as of the amended alleged onset date of March 1, 2010 (her date last insured was March 31, 2010), based on the application filed in August 2010. John E. Horn, Esq., Tinley Park, IL.

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