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Terri M. David is a Social Security Disability (SSD) professional and former SSA/Office of Hearings Operations (OHO) Senior Attorney Adjudicator.
Terri began as an Attorney Decision Writer in Nashville, TN in 2004. She was promoted in 2006 to a position at headquarters in falls Church, VA, where she adjudicated disability claims at the reconsideration level. While there, she began her career as an ODAR/OHO trainer and mentor to new adjudicating attorneys and decision writers.
In 2007, Terri worked as a Senior Attorney Adjudicator in Houston, TX. There, an opportunity to create training material and provide training to new attorneys and law interns became possible and increased exponentially based on her extensive training in Falls Church, VA. She went on to become a National Decision Writer Trainer in 2008, teaching the basics of the 5-Step Sequential Evaluation and persuasively writing legally defensible Administrative Law Judge (ALJ) decisions.
Terri began working as a Senior Attorney Adjudicator Trainer in 2010. She trainer new and experienced senior attorneys on how to improve adjudicating disability claims at the hearings level, prior to an ALJ hearing.
Terri M. David’s SSD training is focused on efficiently and accurately adjudicating disability claims and writing persuasive ALJ decisions. Now, Terri shares years of valuable experience as an adjudicator, trainer, and decision writer through training concentrated on expediting and winning cases, understanding SSD law, and efficiently maneuvering the SSD claims process.
Pre-Hearing Disability Brief
Date: April 11, 2018
Claimant: Name, SSN
ALJ: Honorable Judge Name
Hearing Date: April 21, 2018
Issues: Can Claimant perform her past relevant work as a younger individual at the alleged onset date (AOD), closely approaching advanced age at the date of birth (DOB), or established onset date (EOD) with the residual functional capacity (RFC) discussed below. Impairments that are determinative of her ability to perform work are left shoulder osteoarthritis and anxiety, which affect both light and sedentary work activity at the AOD, age 50, and EOD.
Exhibits as of 4/9/2018, submitted eight days prior to hearing: 1A-13F
Evidence not submitted within 5-Day Rule: Evidence of refilled pain prescription is already in file; therefore; no need to hold record open.
Titles II and XVI Date of filing: November 15, 2016
Date Last Insured: December 31, 2017
DOB: June 30, 1967
Age: 49 at AOD, October 10, 2016, and 50 on June 30, 2017, and possible EOD, July 15, 2017
Education: high school, communicates in English
PRW: meat packager, light and semiskilled work (6E), (DOT# 920.587-018)
1/24/2017-DDS Vocational Specialist Finding: Transferable Skills to Other Work- Not PRW (6E)
Date Last worked / SGA: October 10, 2016 (work in November does not rise to SGA) (4D)
Prior ALJ application or reopening issue: No
Alleged Impairments: Obesity, lumbar spine DDD, right shoulder osteoarthritis, and anxiety. DAA Issues: No
Listed Impairments: Claimant may meet 12.06C. Her psychiatrist reports she does not handle even minimal stress at home and work. She has at least two years of ongoing treatment with ongoing irritability and panic attacks. If Claimant does not meet 12.06C, the ALJ can request a ME opinion on medical equivalence (cases filed after 3/2017, the ALJ can make the determination of equivalence under SSR 17-2p).
Opinions:12/15/2016 - DDS Initial Level Findings: Light work with the following old ‘B’ criteria: mild, moderate, moderate, and none (2A). The non-examining consultant finds transferable skills to other than PRW (2A).
1/16/2017 - DDS Reconsideration Level Findings: Same as initial level finding (3A).
2/15/2017 - SSA Physical CE: sit, stand and/or walk for four hours in an eight-hour day; lift and/or carry 15-20 pounds; and limited reaching overhead with the right shoulder (9F).
2/25/2017 - SSA Mental CE with new ‘B’ criteria: moderate restriction in her ability to understand, remember or apply information; moderate ability to interact with others; moderate concentration, ability to persist or maintain pace; and moderate ability to adapt and manage oneself (10F).
6/1/2017 - Treating Source: Sit and stand for four hours with 15 minutes breaks; lift no more than 20 pounds; and limited ability to reach and carry.
Possible RFC with new ‘B’ criteria that is supported by the evidence on AOD, Age 50 on 6/30/2017, and/or 7/15/2017 (possible Established Onset Date): Sitting for no more than four hours in an eight-hour day with 15 minute breaks every two hours; standing and walking for two hours with 15 minute breaks every hour; lifting, carrying, pushing and pulling no more than 10 pounds throughout the day; no reaching above the shoulder with the right upper extremity; handling less than four hours with the right upper extremity; understanding, remembering, and carrying out simple one to two step instructions; occasional contact with the general public and coworkers; and significant inability to handle changes in a routine work setting. (Disabled under Rule 201.10 and/or 201.21)
Holding: Claimant is disabled. She alleges disability on 10/10/2016; objective evidence shows worsening conditions are treated but failing with conservative measures (2F). Back pain and obesity reduce Claimant’s ability to sit or stand without breaks every 15 minutes (3F/16). A right shoulder MRI shows worsening right upper extremity arthritis on 7/15/2017 and limited range of motion reaching above the shoulder (13F/23). Claimant is prescribed narcotic pain medication on a long-term basis beginning 7/15/2017 (13F/34). Moreover, by July 2017, Claimant’s anxiety continues to cause regular anxiety attacks about two times per week despite higher dosage of Xanax and individual therapy twice per week (13F/42).
In addition to a finding of disability on the AOD, based on Medical-Vocational Rule 201.21 with a less than sedentary RFC, Claimant's medical evidence supports a finding of disability when she turns 50 on 6/30/2017 and/or EOD of 7/15/2017 under Med-Voc Rule 201.10. A fully favorable decision as of the AOD, when she turned 50, or EOD will expedite the hearing and processing time of this case.