Hearing Testimony Case

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Pages: 11

This case is before the undersigned on a request for hearing dated July 19, 2023 (20 CFR 404.929 et seq.). The claimant appeared and testified at a hearing held on February 28, 2024, in Mauldin, SC (Hearing Testimony). The claimant is represented by Brian Asheley Buchanan, an attorney, and co-representative Christian Connally (Exhibit 2B). Christian Connally appeared and represented the claimant at the hearing (Hearing Testimony). Elizabeth Shultz, an impartial vocational expert, and Susan Harris Robinson, witness for the claimant, also appeared at the hearing (Hearing Testimony). The claimant is alleging disability since June 10, 2022.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

After careful consideration of the entire record, the undersigned
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The claimant’s sister testified that he has difficulty focusing, difficulty speaking, difficulty communicating with others, difficulty with his short-term memory, and his executive decision skills are impaired (Hearing Testimony). The claimant’s sister’s statements are consistent with the record. For example, the record indicates that he was diagnosed with neurocognitive disorder, which causes confusion issues with focus, and forgetfulness at times (Exhibits 14F at 43 and 15F at 6). In addition, a September 2021 neuropsychological evaluation test score supported at decline in neurocognitive function has occurred (Exhibit 1F at 6). Specifically, the examiner noted that the claimant’s processing speed was low average, his accuracy in number and letter sequences or translating letters to special symbols was low average, and his holding and manipulating digit sequences in forward, backward, and numerical order was speech was slurred, and he laughed inappropriately (Exhibit 1F at 1 and 4). During a July 2023 mental status exam, he demonstrated difficulties with memory and articulating clearly (Exhibit 14F at 43). In October 2023, the record notes that the claimant continues to experience a deterioration in cognition and physical ability (Exhibit 15F at 6). As a result, this would limit understanding, remembering, and carrying out simple, routine tasks, …show more content…
The claimant reported that he had been experiencing depression, anxiety, irritability, lack of motivation, lack of patience, difficulty focusing, slurring his words at times, issues comprehending others, and low appetite in response to a recent diagnosis of supranuclear palsy and his inability to continue working in politics and at his hardware store (Exhibit 6F at 8 and 10). The claimant also reports having reoccurring thoughts about a past sexual trauma incident involving a military superior, which has impacted his relationships with others (Exhibit 6F at 6). He also reported having reoccurring thoughts about his oldest son’s suicide eight years ago and wishing that he had had the opportunity to talk to his son because he believes he could have talked his son out of it (Exhibit 6F at 11). The claimant’s statements are consistent with the record. For example, the record indicates that the claimant has been diagnosed with adjustment disorder with mixed anxiety and depressed mood (Exhibit 5F at 8). Instructions had to be repeated to ensure the claimant’s comprehension and he laughed inappropriately during the exam on September 9, 2021. The claimant had flat affect during an exam on November 31, 2023 (Exhibit 14F at 30). As a result, this would limit understanding, remembering, and carrying out simple, routine tasks, involving simple work-related decisions,