O'Malley Tunstall PLLC
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November 2013 Archives

Social Security Disability, SSI treating Physicians must get Controlling Weight

Social Security Disability, SSI Judges must give Plaintiff's treating physicians controlling weight. Board Certified Social Security Disability Attorney Susan O'Malley recently argued a Federal District Court Social Security Disability, SSI case in front of North Carolina Federal District Court Judge Terrence Boyle.  Judge Boyle, who has developed an incredible understanding of Social Security Disability law ruled that as Susan's client had additional information from her long term (4 year) treating physician that clearly contradicted the Administrative Law Judge's findings as to the client's ability to work on a regular and continuing basis, the client's case must be remanded for further findings in light of the treating physicians' determination.  In Social Security Disability, SSI cases a doctor's opinion based upon a longitudinal history (long term) of treating a patient and who renders an opinion as to the diagnosis and residual functional capacity (ability to perform physical tasks) of a patient must be given great weight by the Judge. The client's doctor found that the she could not lift ten pounds, stand and or walk for 2 hours out of an eight hour work day and as this contradicted the Administrative Law Judge's prior opinion that the client could lift twenty-five pounds, stand or walk six out of an eight hour day the case must be remanded for further findings.  Boyd v. Colvin 5:12CV785 EDNC. Practicing Social Security Disability, SSI law our law firm must always look for those cases that should be appealed to Federal Court.  When choosing your Disability attorney, make sure that your attorney is capable and willing to appeal your case, if necessary, to the next level.  Contact our office if you have any questions about how to appeal your Social Security Disability, SSI case.  

Holiday Shopping? Careful not to Slip or Fall while Shopping

Slip and fall injuries go up during the Holidays.  Lack of floor safety while shopping this holiday season can result in a health nightmare over the best part of the year instead of a wonderful holiday.  Stores have more merchandise, bigger crowds and items placed in dangerous areas this time of year. Why is floor safety so important?  What do we mean by floor safety?  As personal injury attorneys our Eastern NC offices  have represented hundreds of people seriously injured while shopping by carelessness, inattention and lack of forethought by retail stores.  North Carolina is one of a few states left in the country clinging to outdated law that makes recovering for serious and life altering injuries from retail fall cases very difficult. A spill by a customer that remains for hours; a grocery store that poorly packages items such as chicken in the deli which leaks blood and remains all over the store; failure to have a leaking cooler fixed; mopping without warning signs; placing merchandise on the floor in front of the selves without a warning; leaking drinks or chemicals on the selves that are not discovered for hours and sometimes days and old tile floors that are typically gray or light gray to not show dirt well past their need to be replaced have resulted in serious and life changing injuries to hundreds of our clients. We typically hear from the store it was our clients own fault for not paying enough attention while shopping in their store.  Advertisers and store owners take classes, hire experts and go to seminars each year in how to best get our attention to their merchandise displays.  They place items at eye height, flashy displays, banners, sale stickers (who looks away from a 1/2 off sticker) and place these items such that as we walk down the isle from our intended purchase we are drawn to their other items.  If our eyes are by design and millions of dollars in research by retail experts drawn away from the floor and focused on the for sale items; the floor becomes of lower concern. An unexpected fall brought on by either tripping over something left in the floor of a store or by having one foot slip out from underneath you can result in serious back injuries, head injuries, broken bones or other injuries that have long term and serious consequences for the injured.  Our office has represented more clients than I can recall who have permanent injuries from a fall while shopping for clothes, groceries and personal items. Serious injuries from Falls require a trial lawyer. This holiday season while you are out shopping for your family and loved ones remember to be safe, watch your step in stores and enjoy your holidays.  If you do have the unexpected fall, call or contact our office, we will be glad to discuss your case.

What to do after an Injury in a Car Crash in Eastern NC

Car Crash?  Injured?  Just not sure what to do next? Often our clients are just not sure what to do immediately after a car crash.  Injuries and emotions can get in the way of making good decisions.  Therefore, we have created a short check list for you.

Welcome Bruce Daughtry to O'Malley Tunstall

O'Malley Tunstall is extremely happy to welcome Bruce Daughtry to our firm.  We have worked against Bruce for years and are excited to now add him and his tremendous experience to our litigation, serious personal injury and social security disability, SSI sections.  Joe and Susan have known for years what a strong advocate Bruce Daughtry is for his clients and are sure he will bring that passion to helping our clients. Bruce Daughtry Bruce Daughtry Personal Injury and Social Security Disability, SSI Lawyer Bruce Daughtry was born in Ahoskie, North Carolina where he attended Hertford County public schools and graduated from Ahoskie High School. He graduated from Campbell University with a Bachelor of Business Administration. Bruce attended law school at Norman Adrian Wiggins School of law in Buies Creek, North Carolina and earned his Juris Doctorate in 1993. Bruce was admitted to practice law the same year. After graduation he returned to this home town of Ahoskie where he began his career practicing law, representing individuals and families in the District and Superior Courts of Eastern North Carolina. Later he focused his area of practice in civil litigation representing insurance companies and their insured in all levels of the North Carolina court system. Bruce has taken his extraordinary amount of trial and litigation experience gained by representing the insurance industry and uses it to fight for individuals' rights and maximize their recovery in their personal injury claims. Bruce has over 100 jury trials in serious injury claims.  He is a member of the North Carolina Bar, the Nash County Bar, and the Seventh Judicial District. He is admitted to practice in the Eastern District of the Federal Court. He is a member of the North Carolina Bar Association and the North Carolina Advocates for Justice. Bruce lives in Rocky Mount with his wife, Cacky, and two children, David and William. He spends most of his free time on the field watching David and William participate in their sports activities. Bruce will handle serious personal injury, disability and social security disability, SSI cases.  Visit O'Malley Tunstall, PLLC for more information on Workers' Compensation, serious Personal Injury and Social Security, SSI cases.

Report your North Carolina Workers' Compensation Injury

In North Carolina an injured worker is required to report an injury at work to the North Carolina Industrial Commission within thirty days (30) of your injury and no greater than two (2) years of the date of your injury.  N.C. Gen.Stat. § 97-22. Injuries are reported on a North Carolina Industrial Commission Form 18.  The North Carolina Industrial Commission (NCIC) is the state agency that handles all workers' compensation claims, hearings and appeals. To report your claim, report your claim with a Form 18, informing the Industrial Commission and your employer of the nature of your injury, how the injury occurred and when the injury occurred. Why you should file a NCIC form 18 with Susan O'Malley

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