Tommasetti

I. Background

A. Tommasetti’s Relevant Personal and Medical History

Tommasetti was 53 years old on the alleged date of onset of his medical conditions at issue here, and he was 59 years old when his disability insurance expired in December 1999. Tommasetti attended college in Italy, has training in electron- ics, and previously worked as an electronics technician and TV repair person. He was involved in a car accident in April 1994 and was in pain until October 1994. Later that year he fell off a ladder while working. He was involved in subse- quent car accidents in 1999 and 2000.

While Tommasetti saw several physicians, at issue on appeal is Dr. Andrea Nachenberg’s reports based on her inter- mittent treatment of Tommasetti.1 Dr. Nachenberg first saw Tommasetti in March 1995, at which time she noted his claims of back pain and inability to stay in one position for more than ten minutes. Upon conducting a physical exam she noted “no evidence of weakness” and “minimal tenderness” on palpation. She diagnosed a “probable lumbosacral strain superimposed on osteoarthritis of the lumbar spine.” She saw him again in July 1996 for right shoulder and right knee pain, and in…