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.
- Gather the Names, Addresses and phone number of the doctors that treat you.
- Make a list of all of your medications. Include the name, amount, how often you take it, what you take it for, how long you have taken it and the doctor who prescribes it.
- Make a list of the activities you can no longer do. See Worksheet.
- Make a list of your work history for the last 15 years. Include the years, name of employer and job duties.
- Keep all letters from Social Security.
- If you do not have insurance, apply for Medicaid and look for clinics in your area that will charge based on income or free clinics. List of free clinics by county.
- Follow the doctor's recommendations.
- Make a list of any other benefits you currently receive such as Medicaid or Veteran's benefits.
- Talk to your doctor about disability and whether they would support your application for it.
- Call our office if you have further questions about applying for Social Security, SSI or need assistance filling your application.
O'Malley Tunstall, PLLC is pleased to recognize Susan M. O'Malley for becoming recertified by the North Carolina State Bar as a Specialist in Social Security Disability Law. Ms. O'Malley has been a State Bar certified specialist in Social Security since 2006. Ms. O'Malley was also on the original Board for the Bar's Social Security certification. In order to be recertified, a lawyer has to prove significant involvement in Social Security Disability Law; sufficient continuing education in Social Security Disability Law and provide references from other lawyers who practice Social Security Disability Law. This information is reviewed by the State Bar and the Bar determines if recertification should be approved. The North Carolina State Bar certifies lawyers as specialists because "...certification ... by an objective entity and according to objective criteria fulfills the mission of the State Bar to protect the public by providing relevant, truthful and reliable information to consumers of legal services." www.nclawspecialists.org/faqs.asp Our firm is very proud of Susan's efforts and accomplishments within Social Security. She is avaialble for consultation on any