Date:

Honorable __________
___________________
___________________

Re: Supplemental Security Income Benefit

Claimant:
SSN:

Dear ______:

This request is for a fully favorable on the record decision. If a fully favorable on the
record is not granted please accept this as a pre-hearing memoranda.

Mr. is being represented by, ____ on a claim for Disability Insurance Benefits, which he
filed on DATE (Exhibit #). Mr. is scheduled to appear before you on ____. Please
accept the following summary of the medical evidence and our theory of disability with
regard to this claim.

Mr. alleges disability beginning on DATE (Exhibit #).

Mr. is 62 years old, who was born on December 21, 1950 and is an advanced aged
individual. He was 60 years old when he became disabled on DATE due to: (LIST OF
IMPAIRMENTS) degenerative joint disease in the left knee (5F-4), mild osteoarthritic
changes of the left knee (1F-2), degenerative joint disease of the left shoulder (5F-4),
AC joint osteoarthritis of the left shoulder (1F-1), plantar fasciitis (3F-5), and tendonitis
(3F-5).

The Claimant is literate in English and completed the 11th grade in 1969. (EXHIBIT #)

Mr. past relevant work included roofing in construction from 1995-2006; and also as a
janitor at B Janitorial Service from 2006-2009. (EXHIBIT #)

The Claimant was last employed as a janitor, which, as performed by the Claimant was
probably un-skilled work, done by the Claimant at the medium exertional level.

Treatment for Conditions Summary: Claimant takes Cortizone (2E-4) and Mobic (6E-4),
both for pain. He takes Carvedilol for hypertension (10E).

Symptoms Summary: Claimant has and had bad knees, pain in both feet and severe
pain in left shoulder and lower back (2E-2).
Functional Limitations Summary: Claimant has shoulder and left knee pain. His left knee
was popping. He cannot lift his shoulder to bathe himself and his knee hurts when
standing. (4F)

Theory of Disability

The substantial evidence of record indicates that Mr. suffers from degenerative joint
disease in the left knee, mild osteoarthritic changes of the left knee, degenerative joint
disease of the left shoulder, AC joint osteoarthritis of the left shoulder, plantar fasciitis,
and tendonitis, which preclude him from performing substantial gainful activity even at
the unskilled sedentary level of exertion, as defined in 20 CFR 416.967(b) and
416.968(a).

(1F-1) MD, conducted x-ray of the left shoulder on August 10, 2011 as the Claimant had
osteoarthritis.
Impression: AC joint osteoarthritis.

(1F-2) On August 10, 2011, MD, performed x-ray of the left knee.
Impression: Mild osteoarthritic changes.

(3F-5) Medical records of October 19, 2011 stated that the Claimant had complaints of
pain in both the feet for 2 years. He was on Mobic but was unable to fill the prescription.
He had pain on initial weight bearing and after prolonged walking. He also had pain in
the left shoulder for one year.
Claimant was assessed as having plantar fasciitis and tendonitis.

(5F-4) Medical records of August 9, 2011 stated that the Claimant had pain in the left
shoulder. He had limited range of motion in his shoulder. He also had pain in the left
knee. On examination, Claimant had an antalgic gait.
Assessments: Degenerative joint disease in the left knee and shoulder.

(12F-14) Medical records of November 6, 2012 indicated that the Claimant had
complaints of pain in his feet and left shoulder and was unable to raise it. He applied for
disability due to painful feet and shoulders.

SEQUENTIAL EVALUATION

At step 1, Claimant has not worked since the onset date of January 1, 2011.

At step 2, Mr. has severe physical impairments of degenerative joint disease in the left
knee, mild osteoarthritic changes of the left knee, degenerative joint disease of the left
shoulder, AC joint osteoarthritis of the left shoulder, plantar fasciitis and tendonitis.
At step 3, Even though the Claimant may retain the ability to perform a full range of
sedentary/light duty work, the Claimants additional limitations narrow the range of work
the Claimant might otherwise perform that a finding of disabled is appropriate under
the framework of this rule

At step 4, cannot return to his past relevant work as a janitor or as a roofer. According to
H MD, Claimant had recurrent left knee pain and swelling for several years (5F-6). On
August 9, 2011, medical records indicated that the Claimant had pain in the left
shoulder. He had limited range of motion in his shoulder. He also had pain in the left
knee. On examination, Claimant had antalgic gait.
Assessments: Degenerative joint disease in the left knee and shoulder (5F-4).

At Step 5, other work is also precluded for Mr. as he is 62 years old and is an advanced
aged individual. As per medical records of October 19, 2011, Claimant had pain in both
feet for 2 years. He had pain on initial weight bearing and after prolonged walking. He
also had pain in the left shoulder for one year. Claimant was assessed as having plantar
fasciitis and tendonitis (3F-5). He also had right elbow pain, joint pain and possible gout
(5F-5).

Based on the claimants age, education, nontransferable job skills or lack thereof and
based on the claimants physical residual functional capacity, the claimant is significantly
unable to engage in substantial gainful activity or sustained full time employment.
The claimant has been under a disability, as defined in the Social Security Act from the
alleged date of onset through the present time.

PROPOSED DECISION

After careful consideration of the entire record, it is proposed that the Administrative
Law Judge makes the following findings.

1. The claimant has not engaged in substantial activity since January 1, 2011 the
alleged onset date.

2. After careful consideration of the record, the claimant does not have the residual
physical capacity for a full range of light or sedentary work and after careful
consideration of the record, the Claimants limitations so markedly restrict the claimants
ability to perform even sedentary work, as defined by the regulations and result in such
an erosion of the occupational base for which the claimant would otherwise qualify that
there are no jobs available in the national economy which the Claimant can perform.
In making this finding the Administrative Law Judge shall consider all symptoms to the
extent to which these symptoms can reasonably be accepted as consistent with the
objective medical evidence and other evidence.

3. After considering the evidence of record, the Administrative Law Judge should find
that the claimants medically determinable impairment(s) could reasonably be expected
to produce the alleged symptoms and that the claimants statements concerning the
intensity, persistence, and limiting effects of these symptoms are credible.
The contrary State agency medical opinions are given little weight because the State
agency consultants did not adequately consider the claimants subjective complaints,
which are credible in light of the objective and clinical findings noted above. The State
agency also failed to consider the combined effect of all of the claimants impairments
and the recent evidence submitted by the claimant.

The weight of the record therefore indicates that Mr. is not capable of performing the
demands of unskilled work on a sustained basis, as defined in 20 CFR 416.968(a)
and detailed in SSR 96-9p.

The Claimants Medical-Vocational profile presently corresponds to Medical-Vocational

Rule 201.01 201.02, which would direct a conclusion that the Claimant is disabled.

As such, there is indication that Mr. physical limitations would render him unable to
perform a substantial number of jobs in the national economy.
Thank you for your time and consideration with regard to this matter. Please feel free to
contact this office with any questions concerning this matter.

Respectfully Submitted,

Representative for the Claimant,

XXXX

Medical Evidence

1F-

2F-

3F-

Pre-AOD Findings:

2F-

7F-

8F-