Group I, Category 19 Incorrect RFC Decision
ISSUE
DDS proposed a medical-vocational allowance on this Concurrent claim. The evidence in file does not support the severity as assessed by DDS.
CASE DISCUSSION & POLICY ANALYSIS (INCLUDING SPECIFIC REFERENCES)
This 61 year old is filing a Concurrent claim alleging disability due to rheumatoid arthritis, post-traumatic stress disorder, Hepatitis C and Type II diabetes as of 4/1/2015.
The medical evidence shows the claimant has a history of Diabetes, Hepatitis, and asthma. CT scan of the lumbar scan on 12/10/10 showed a herniated disc at L5-S1. On 2/2/15, the claimant reported medical cannabis program has helped his pain and inflammation his joint symptoms are more improved than
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The study noted osteopenia in the spine and status post bilateral hip replacements. This report does not belong to the claimant and should be discarded in accordance with DI 20503.001.D.5.
The DDS assessed a RFC for 10/10/4/4 with additional postural limitations. These limitations were given in relation to bilateral hip replacements. The claimant has not had bilateral hip replacements. As a result, the medical evidence supports a RFC for 20/10/4/6.
There was evidence was evidence of mental impairment. The DDS did not address the mental impairment since the claimant was allowed based on her physical impairments alone. The evidence in file indicates the claimant’s mental condition is non-severe. No additional development is required.
ADLs show the claimant is able to slowly complete household chores on days when his pain is under control. He sometimes has difficulty with personal care due to paralysis. He is able to drive, shop in stores and walk 2-3 blocks. He walks to the plaza two blocks from his home 1-2 times per week. His allegation are consistent with the evidence in
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The claimant documents that he was required to use a computer and fax machine; however, he did not provide a description of the technical knowledge/skills or the written reports that were required for this job. The claimant was required to supervise 1-19 people for 5-8 hours of the workday; however, these supervisory tasks were not discussed in the description. The claimant would be unable to perform the physical demands of this work as actually done; however, this description is insufficient to complete DOT matching, as the major tasks of the position were not provided. Prior to completion of Step 4b, DDS will have to obtain a comprehensive description of this work to determine if the claimant is capable of performing this work as done in the national economy.
Therefore, additional development is required. DI 25005.025A states to evaluate a claimant’s work as workers generally perform it in the national economy the examiner must locate the occupational counterpart for the claimant’s job in the DOT. In this case, there are not enough details regarding the claimant’s past work to determine what job in the DOT he performed. The claimant should be contacted for a more through description of his past work as a manager and direct care worker . See SSA 1047 for
Please provide a copy of the denial of your short-term disability and the reasoning for same. (see attached)
Schmidt V. Methodist Hospital, Appellate Court of Indiana, Southern District, Indianapolis Division, 89 F.3d 342; 1996 U.S. App. LEXIS 17065; 5 Am. Disabilities Cas. (BNA) 1340, July 9, 1996
Published literature lacks evidence regarding mortality and cause of death after metal-on-metal hip resurfacing. We present an epidemiological analysis of cause of death...
The are generally four kinds of substitute constituent utilized in THA that are metal-on-metal, metal-on-plastic, and ceramic on ceramic, ceramic on plastic. Types prosthesis utilized is reliant on the needs of patient and the procedure of the surgeon. All hip replacements allocate one thing in common: they contain a ball-and-socket joint. Which materials are utilized in the ball and in the socket, that jointly is shouted the “bearing” like a bearing in a car has the possible to alter the long-term durability of the combined replacement.
The claimant is a female (DOB 12/21/1977) who works as a Technical Customer Service Support Tier II Advisor who is claiming disability from 10/15/2017 onwards. The physical requirements of her job include multitasking; listening and talking to the customer, while typing to research issues, and to review and update the customer account information; and continuously using keyboard and mouse.
TOLLE, N. L. (2015). Plaintiff's Alleged Alcoholism Was Insufficient to Find Him Disabled under the ADA, Court Rules. Employee Benefit Plan Review, 69(8), 20-21.
When disability attorneys at Beedem Law represent a client, they immediately gain an intimate knowledge of each clients personal needs and circumstances. A careful and detailed review of your medical records is completed and additional suggested medical testing or records is noted. These records are then organized appropriately and in a manner that when submitted make the job of the administrative law judges (ALJ’s), they are easily reviewed and require less work on their part.
The symptoms of osteoarthritis are pain and loss of mobility. According to the study, the risk of getting osteoarthritis increases with a higher body mass index. As such, the first course of action before having a total hip replacement operation is to decrease body weight. A physician will suggest a different diet, additional exercises and possibly pain medication. The physician will also suggest walking aids, such as a cane. If the pain continues or increases, the physician will suggest the operation. The risk of osteoarthritis also increases with age. The longer you are alive, the more wear and tear of the joint occurs. Other reasons to get hip replacement surgery include Rheumatoid arthritis. Rheumatoid arthritis is an autoimmune disease
Kalant, Harold. “Medicinal Use of Cannabis: History and Current States.” Pain Research and Management 6.2 (2001): 80-94. Web. 18 Mar. 2014.
Stateman, Alison. "Lawsuits by the Disabled: Abuse of the System?" Time. Time Inc., 29 Dec. 2008. Web. 21 May 2014.
During this time; I had started being “counseled” by my employer warning me of my attendance and how I needed to find a balance between work and my personal life. Unfortunately, due to my many absences and having to leave work early prior to Access Solutions and Choices getting involved per the recommendations of DCS, I
In order to ensure a thorough review of your request for short term disability benefits, we had your file reviewed by the Clinical Services Unit. The assessment concluded that the medical documentation provided did not show a severity or degree to where sustained impairment was evident. The medical documentation from the ENT specialist, Haley Lynn Bridges, noted pain symptoms are out of proportion to exam findings. The notes indicated CT scans came back normal and you were placed on several medications for the ear pain. Ms. Bridges concluded that your right eardrum perforation remained stable with no drainage, it was recommended that you continue the medication that was prescribed and look into a referral to pain management. The review of the
3. Is the impairment included or of equal severity to one included in the SSA?s listing of impairments? The listing of impairments covers 14 bodily systems: Musculoskeletal, respiratory, cardiovascular, hemic(meaning related to blood) or lymphatic, skin or subcutaneous tissue, genitourinary(meaning related to the genital and urinary organs), endocrine, neurological, multiple body, mental, neoplastic, immunologic, and speech/special senses. If the impairment fits one of these criteria, or is of equal severity to one that does, it is likely considered a disability.
having a disability, which include that one “must actually have what is considered to be a
...rameters and all the aspects of the law that appear in our given scenario we can safely say that any claim that is being made by Tom’s representative by Daria and Samira on the grounds of negligence – breach of duty of care and psychiatric injury would be successful and that even though Harry suffered psychiatric injury his claim won’t be successful since he doesn’t fulfill the necessary parameters in order to make a successful claim.