O'Malley Tunstall PLLC
Call 24-hours a day Free consultation No Fees Unless we Win
800-755-1987
Offices in Raleigh, North Carolina, and Eastern North Carolina

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

No Comments

Leave a comment
Comment Information
Contextual Contextaul Contextaul
Contextaul Contextaul Contextaul
Contextaul Contextaul Contextaul
Contextaul Contextaul Contextaul
Contextaul Contextaul Contextaul
Contextaul Contextaul Contextaul
Contextaul Contextaul Contextaul

Free Initial Consultations. No Attorney Fees Unless We Win.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Lead Counsel Rated | LC
Call 24-hours a day We’ll Come To You No Attorney Fees Unless we Win
Review Us

Raleigh Office
8300 Falls of Neuse Road, Suite 108
Raleigh, NC 27615

Toll Free: 800-755-1987
Phone: 919-277-0150
Fax: 252-641-9009
Raleigh Law Office Map

Tarboro Office
405 North Main Street
Tarboro, NC 27886

Toll Free: 800-755-1987
Phone: 252-823-2266
Fax: 252-641-9009
Tarboro Law Office Map