The evidence that plaintiff met the first four steps of the sequential analysis is substantial and uncontested. These same doctors, however, concluded that plaintiff could not sit the requisite time necessary for sedentary work: Dr. Zweibaum found that plaintiff could sit for less than one hour for each eight hour work day, while Dr. Nunez concluded that plaintiff could sit for two hours, and Dr. Practice Written Exam | Drivers License Test | NJ. Scardigli concluded that plaintiff could sit for four hours, but no longer than twenty minutes uninterrupted for each work day. ) In this case, the ALJ's superficial treatment of the medical findings has impeded this court's ability to determine whether the conclusions reached by the ALJ are rational. Because the ALJ does not adequately explain why he does not give more probative weight to all these credible medical findings, which span a broad period of time and a spectrum of medical specializations, and consequently to plaintiff's testimony of pain, this court holds that the ALJ's decision was not based on substantial evidence.
See Allen v. Bowen, 881 F. 2d 37, 41 (3d Cir. See e. Woody v. Secretary of Health & Human Servs., 859 F. 2d 1156, 1162-1163 (3d Cir. Mason, 994 F. 2d at 1067; see Kane, 776 F. 2d at 1135. Lying on an application to obtain a NJDL: Will result in a fine of $1000. A red, triangle sign means: #22. Lying on an application to obtain a njdl card. Only passengers under the age of 18. Even though it is up to the ALJ, not the plaintiff, to decide whether a plaintiff's subjective testimony of pain is credible in light of medical evidence, the ALJ must explain the reasons for his decision.
5] See footnote four for a full definition. Fine for not stopping for a pedestrian? Lying on an application to obtain a njdl birth certificate. The administrative record is fully developed: Mr. Schonewolf has been examined by no less than seven doctors, all of whom are specialists; he has had two hearings before an Administrative Law Judge and two appeals within the Social Security Administration; he has given his testimony on several occasions, and to this court's best knowledge he has fully cooperated in providing the ALJ with all the necessary documents for the comprehensive analysis of this case to which the law entitles him. Further, Mr. Schonewolf claims that he does not think that he can alternate between sitting and standing for eight hours each day because his medication makes him drowsy. Personal and Medical History.
Elisabeth M. Post, M. Schonewolf consulted a neurological surgeon, Dr. Post, on October 31, 1991, and again on December 23, 1991. Where the "[Commissioner] is faced with conflicting evidence, he must adequately explain in the record his reasons for rejecting or discrediting competent evidence. " Smith v. Califano, 637 F. 2d 968, 972 (3d Cir. Swiecicki concurred with Dr. Post that plaintiff is a candidate for surgical intervention, but that plaintiff must lose weight before surgery is considered. "Sedentary" work is distinguished, inter alia, from "light work" because it involves "lifting no more than 10 pounds" whereas "light" work involves "lifting no more than 20 pounds. The accompanying Order is entered. Check his blind spot before moving and then use his mirror while backing up slowly. Swiecicki found plaintiff to be suffering from L5 radiculopathy as well as a lumbar disc herniation at L4-5. The reviewing court, however, does have a duty to review the evidence in its totality.
It is therefore apparent that plaintiff is incapable of performing sedentary work and that the government did not meet its burden of proving that alternative work exists for plaintiff. Based on these findings, Dr. If a motorist's BAC reaches. Scardigli's opinion must be found to support plaintiff's testimony, unless the ALJ explains how it is discredited by conflicting medical evidence. "Disability" Defined and Burdens of Proof. Stop and proceed with caution. The V. 's opinion that plaintiff can perform certain jobs is not reliable precisely for the reasons discussed in part III(A), supra: because the ALJ had no basis for concluding what truly is plaintiff's condition. For the reasons discussed, this court holds 1) that the Commissioner's determination that Mr. Schonewolf is not disabled within the meaning of the Act is not supported by substantial evidence and 2) that Mr. Schonewolf is in fact disabled. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. This is hardly an explanation as to why Dr. Scardigli's opinion is unreliable, as the ALJ never even attempts to explain why Dr. Scardigli's conclusions are inconsistent with her own findings. A complete summary of the medical findings follows.
Felt concurred with these MRI findings (R. 97-98), Dr. 162-163), as discussed next. Indeed, any notion that this man can perform gainful employment is overwhelmed by medical evidence to the contrary. Although Dr. Montiel mentioned the EMG testing, he noted that the results were "unavailable, " so he did not consider them. ) She found that plaintiff was in "obvious distress with any particular moving" and that his lumbosacral spine, where plaintiff's herniated disc is located, had limited motion. Hanusiewicz v. Bowen, 678 F. 474, 476 (D. 1988). Even though this court has faith that such an extensive delay would not follow a second remand, and even though the Commissioner could conceivably reassign this matter for another hearing before a different ALJ, any delay at all is unnecessary here because plaintiff is disabled within the meaning of the Act and therefore entitled to benefits without further administrative consideration. If the claimant does not suffer from a "severe impairment, " he will be found "not disabled. After the September 18, 1991, examination, Dr. Nunez reported to Dr. Zweibaum that plaintiff "still showed pain and tenderness in the periscapular area as noted previously. Which has more alcohol: A five ounce glass of wine.
This hearing commenced on October 16, 1992, in Camden, New Jersey, before the Honorable Alan M. Neff, and plaintiff was represented by counsel. Drivers are required to move over one lane when possible if an emergency vehicle with flashing lights is parked on the shoulder of the highway.
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