O'Malley Tunstall PLLC
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Posts tagged "disability"

Susan O'Malley's Social Security Decision Ten year Anniversary

Susan O'Malley's Social Security Decision Ten year Anniversary

Rocky Mount NC Social Security Disability SSI Attorneys

Need Social Security, SSI in Rocky Mount, North Carolina?  Susan O'Malley is Board Certified by the North Carolina State Bar as a Specialist in Social Security Disability and runs the O'Malley Tunstall Disability department.  

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

Fundraiser O'Malley Tunstall with Wags 4 Tags 2013 Eat.Bid.Drink

On November 3, 2013 O'Malley Tunstall will help host the Second Annual Wags 4 Tags Eat.Bid.Drink Fundraiser at On The Square Restaurant in Tarboro, NC.  Wags 4 Tags unites rescued dogs from kill shelters and trains them to be companion dogs with psychologically and emotionally impaired Veterans in North Carolina.  Please contact Wags 4 Tags at their website or at [email protected] for more information.  see Wags4Tags Wags 4 Tags is a great organization with an awesome mission statement:

Social Security Disability, SSI hearing? You have a right to legal counsel.

The Judge's Duty to Inform Claimant of Their Right to Counsel When a plaintiff is unrepresented at a hearing, the judge is obligated to inform them that they have the right to have counsel represent them. The judge should inform the unrepresented claimant that a representative can help prepare their case as well as present the case to the judge. When the claimant is mentally impaired then the judge's duty is heightened. The judge also has the duty to develop the record for an unrepresented claimant. If these duties are not satisfied, then the case can be overturned and remanded. Wiszowaty v. Astrue, 861 F. Supp.2d 924(N.D. Ind. 2012). 20130805-222442.jpg

Social Security Disability, SSI Hearings in 2013

Social Security Disability, SSI What You Hear and What is Real. ​There continues to be a lot in the news about the problems with Social Security disability system. The news is telling the public that the system is too lax and granting too many cases. I have been practicing in this area for eighteen years. My experience is just the opposite. Social Security has become even stricter and is granting fewer cases that it did when I started. Let's look at some facts about Social Security. The average case in the Raleigh hearing office takes 420 days to be processed. The processing time in Greensboro hearing office is 498 days. The processing time for the Charlotte hearing office is 461 days. Many beneficiaries are terminally ill - about 1 in 5 males and 1 in 6 females die within 5 years of receiving benefits. This is not an easy process and it clearly is not quick. People would not wait for this benefit if they had any other choice. ​The reason for the growth in the number of claims and the length of the processing time is primarily due to the aging of baby boomers and the large scale entry of women into the work force in recent decades causing more people to need and qualify for disability. ​The media has ignored that there a Social Security judges around the country with very low approval rates. There is even a judge with an approval rate of only 4%. When you look at the whole picture, where Social Security is now makes sense. There are always changes necessary for any program to continue. However, making an already strict system even stricter is not the answer. If you are disabled and unable to work, or becoming unable to work, call us; we will be glad to answer your questions. O'Malley Tunstall

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