(503) 639 6666 ussyorktown@comcast.net

Claimant is 50 years old and thus is “closely approaching advanced age.” As such, he is disabled if he cannot do “light” work, e.g. work involving being on his feet most of the day and lifting up to 20 pounds.

Claimant has been put on a restriction to pick up 10 pounds or less. Claimant cannot pick up his two year granddaughter-estimated at 20 pounds. He can barely pick up a gallon of milk which is estimated to be about 8 pounds. His past relevant work required that he pick up 75 to 100 pounds.

He suffers from degenerative disk disease and even bending over causes a paralyzed like spine, to the point that he drops to his knees in pain. He can only sit for 10 minutes and then must pace around. This statement was taken by claimant’s attorney on September 12, 2006 and as his condition is degenerative, he is even more disabled than stated above. (The statement by claimant to his representative is admissible as evidence. Hearsay is admissible in administrative law “it has long been the law that…‘even mere rumor’ is admissible.” NLRB v. Remington Rand 94 F2^nd 862, 873 (2d Cir. 1938)

Claimant contacted his representative in April 30, 2007 and said that he was moving to a new address in Hillsboro but that he would only be there till approximately June 2007. He gave his representative a telephone number but that number does not take messages. He gave his son’s telephone number to his representative but that number does not receive messages either.

Claimant is disabled. He also appears to be homeless. As such, Notice was not mailed to claimant’s last address. HALLEX I-2-4-25 directs “If a representative appears at a scheduled hearing without the claimant, dismissal is never appropriate.”

Respectfully,

Northwest Disability Advocates Attorney at Law