CPD evidence: A 56-year-old individual had complaints of fatigue and abdominal pain. The individual
underwent a kidney transplant in 10/2014. The individual’s condition met listing 6.02B
and the language of the listing contained the following language: “Consider under
a disability for 12 months following surgery.” At the CPD, the pre-transplant laboratory
values documented stage 4 kidney disease. The individual experienced fatigue, unintended
weight loss of 15 pounds from their baseline, swelling in the feet and ankles, and
abdominal pain. Due to their fatigue and painful swelling, the individual reported
that they were only able to stand and walk to perform activities for approximately
15 minutes at the time before needing to rest at least 45 minutes before resuming
activities.
CDR evidence: Conducted in 01/2016: The transplanted kidney is functioning well, based on laboratory
values within the normal range. The individual no longer has swelling in the feet
and ankles and has gained approximately 10 pounds from the CPD due to increased appetite.
However, the individual still complains of fatigue and abdominal pain. Evidence indicates
that the individual is able to stand and walk to perform activities, such as grocery
shopping, for about one hour before needing to rest.
Discussion: The individual does not have a condition that meets or equals any current listing
at Step 2 of the Title II and adult Title XVI CDR sequential evaluation process. MI
is demonstrated at Step 3 based on improved laboratory values, an increase in functional
ability, and reduced swelling in the feet and ankles. At Step 4, it is important to
recognize that listing 6.02B, which was met at the CPD, is obsolete at the time the
CDR is initiated. The impairment cannot meet or equal subsection B of obsolete listing
6.02 because it is more than one year post-transplant. The impairment also does not
meet the other subsections of obsolete listing 6.02. Therefore, the adjudicator must
find that MI relates to the ability to work. The adjudicator must proceed to Step
6 and evaluate residual functioning if a Group II exception does not apply.