Prior Unfavorable Decision – 56 Year-Old Female

by | Mar 28, 2023 | SSA Case Study Examples of Hearings and Outcomes

56 Year-old female from West Palm Beach, Florida suffering from:

  • Depression
  • Anxiety
  • Hypertension
  • Fibromyalgia
  • Diabetes
  • Stomach Pain
  • Sleep Apnea
  • Arthritis all over body
  • Memory Loss
  • Pancreatitis recently diagnosed (04/2022)
  • Carpal Tunnel Syndrome

The claimant is 56 years old with SSI application dated 2/28/2020.

The claimant has a prior Unfavorable Decision dated 8/27/2019 where a previous Administrative Law Judge had denied her by giving her a light level Residual Functional Capacity evaluation (basically, the claimant was denied because the Administrative Law Judge stated she was able to do light work). In this application the state agency assessed the claimant was capable of performing medium level work activity—which truly makes no sense.

Prior Unfavorable Decision  - 56 Year-Old Female

The claimant has uncontrolled diabetes, neuropathy, fibromyalgia, cervical osteoarthritis of the spine with radiculopathy, right shoulder bursitis, trigger finger in the right hand, recent diagnosis of inflammatory arthritis (possibly Lupus as of last week). She also uses a rolling walker for balance and ambulation because of recent falls. She additionally has depression and anxiety.

The claimant has not worked since 2012. The Physical Consultative Exam report in the file was not doing her any favors either, as they found she could perform light level work. Vocational testimony and cross examination revealed that the use of a rolling walker would preclude all light level work and only sedentary occupations would be available. There were no transferable skills to sedentary.

The Administrative Law Judge noted that since the rolling walker was prescribed on 12/28/2022, she would be willing to award this case based on the date of the rolling walker prescription. We spoke to the client and she agreed. The claimant will win as of 12/28/2022!