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The Social Security Act

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A. Is Shirley Caretaker disabled within the meaning of the Social Security Act in that she meets the requirements of the disabling listing for 12.04 affective disorders in 20 C.F.R. Appendix 1 to Subpart P of Part 404-Listing of impairments? With respect the answer is yes for the reasons stated in the Argument section of this brief.

B. Is Shirley Caretaker disabled within the meaning of the Social Security Act in that she meets the combined requirements of the listings for 1.01 and 1.02(a)(b) musculoskeletal and major dysfunction of a joint (due to any cause) in 20 C.F.R. Appendix 1 to Subpart P of Part 404-Listing of impairments? With respect the answer is yes for the reasons stated in the Argument section of this brief.

C. The report of treating physicians of Ms. Caretaker have not been given the weight required by the Social Security Act and implementing regulations as interpreted by opinions of the courts of the United States.

Statement of the Facts

Shirley Caretaker is a 56 year-old widow who spent the last twenty-five (25) years working in the health care field as a Certified Nurse’s Assistant and Licensed Practical Nurse. Ms. Caretaker’s job-related knee pain was worsened by a work related accident, which also injured her hip and back. She cannot sit or stand for more than 30 minutes at a time, or walk for more than 10 minutes. Pain in her upper back radiates up her neck and through her fingers, which causes her arms and fingers to periodically feel

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