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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


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