O'Malley Tunstall PLLC
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Offices in Raleigh, North Carolina, and Eastern North Carolina

June 2012 Archives

Social Security: Federal District Court Victory for Client injured in automobile collision

Etheridge v. Astrue, 4:11-cv-93 The firm appealed the denial of benefits by the Social Security Administration to Federal District Court. The Plaintiff suffered severe physical injuries and psychological trauma after a motorcycle accident. Social Security found that the Plaintiff could do light work and denied disability benefits. Federal District court found that substantial evidence supported that the Plaintiff continued to suffer severe physical and psychological problems as a result of the accident. The court recognized that the Plaintiff continued to suffer chronic pain that required powerful prescription medication to control the pain. Plaintiff also continues to experience anxiety and depression. The Plaintiff's treating doctor also found that the Plaintiff could not return to work as a result of physical and psychological problems stemming form the motorcycle accident. Based on the records as a whole, the court found that substantial evidence supported the Plaintiff's claim for disability. The denial of benefits was overturned. The court ordered Social Security to award benefits. To learn more about our firm please visit our web page O'Malley Tunstall

Social Security: Federal District Court rules client met seizure listing

William v. Astrue, 4:11-cv-89 The firm appealed the denial of disability benefits by the Social Security Administration to Federal District Court. Federal District Court is limited in its review of Social Security disability determinations. Federal District Court reviews whether there was substantial evidence to support Social Security's decision and whether the correct law was applied. Richardson v. Perales, 402 U.S. 389, 402 (1971). Social Security found that the Plaintiff could perform work at all exertional levels. The court found that the Plaintiff met the requirements of listing §11.02 for seizure disorder. Listing §11.02 requires that a person experience more than one seizure a month despite at least three month of prescribed treatment with residuals from the seizures that interfere with activities of daily living. 20 C.F.R. Pt. 404, Subpt. P, App. 1, §11.02. The Plaintiff experienced more than one seizure a month despite three months of prescribed treatment. The seizure left the Plaintiff tired and disoriented. The Plaintiff's doctor found that the Plaintiff would continue to have seizures despite medication. The court found that the evidence "compels a conclusion" that the Plaintiff meets listing §11.02 and qualifies for benefits. The denial of benefits was overturned. The court ordered the award of benefits. To learn more about our Social Security practice visit our web page O'Malley Tunstall

O'Malley Tunstall, PLLC: Proud of Team Thunder our sponsored softball team who finished undefeated

O'Malley Tunstall, PLLC sponsored an eight and under girls softball team in Tarboro who finished the season undefeated! Team Thunder was coached by James Guilford and Stacey Nicholas, who were very patient with these young girls.  Our office was so impressed with the sportsmanship of these young girls and their coaches.  We congratulate them not for just winning, but for doing it with a great attitude. Team Pictures Team with Trophy

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Raleigh Office
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Raleigh, NC 27615

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Phone: 919-277-0150
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Tarboro, NC 27886

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