Blog Archives

THE DAVID LAW FIRM ANNOUNCES DIABETES SCHOLARSHIP RECIPIENTS

Crystal Bailey Check Darec Longfellow CheckThe David Law Firm is excited to announce the recipients of their juvenile diabetes scholarships this year: Crystal Bailey of Conway, South Carolina and Darec Longfellow of Graniteville, South Carolina. The David Law Firm will send $2,500 to Francis Marion University on behalf of Bailey and $2,500 to Clemson University on behalf of Longfellow.

A native of Horry County, Bailey founded the Cure for the Kids golf tournament.  She was on the basketball, volleyball and softball team.  Bailey was also in the debate club, placing third in the state.   She was President of her student body, a camp counselor, drummer and guitarist in her church band, and on the yearbook staff.  Her teachers felt she was a well-rounded student and a model citizen who displayed academic excellence, leadership and service. Bailey plans on studying nursing at Francis Marion University in the fall.

Heading to Clemson University in the fall, Longfellow plans to study biomedical engineering.  He was a member of the National Honor Society and a youth mentor, tutoring underprivileged children.  Longfellow was also a part of an audition only chorale group, the lead actor in four productions with the drama club, and was Senior Vice President of the student government.  He played football and was a member of the track team.   His teachers felt Longfellow was respected by the staff and his peers, never gave up and continually challenges himself.

The Davids’ Diabetes Scholarships were created to recognize students who are actively involved in the diabetes community, have high academic performance, participate in community and/or extracurricular activities, are leaders in their school and community and demonstrate they are successfully managing the challenges of living with type 1 diabetes.  The David Law Firm donates the funds, requiring the recipients to be South Carolina residents with juvenile diabetes, entering as freshmen into college.

Attorney Byron David, a Type 1 diabetic himself, believes the scholarship greatly benefit the recipient.  “I know, personally, the hardships of having Type 1 diabetes.  The insulin, needles, glucose testers, test strips and pills are very costly.” says David.  “I am honored to be able to help someone starting a new life chapter.  I hope to remind younger Type 1 diabetics that they are not alone and can still be successful, despite the disease.  I am proud of them for pursuing higher education and feel blessed to be able to help.”

The David Law Firm established the scholarships through the Diabetes Scholars Foundation, who process the applications and ultimately choose the recipients. “The Diabetes Scholars Foundation is a non-profit organization that creates a platform for funding scholarships for juvenile diabetics.” says David. “I trust their expertise and sophisticated systems in choosing a deserving recipient.”

The David Law Firm is located in downtown Conway and concentrates on three practice areas: Personal Injury (Automobile Accidents, Wrongful Death, etc.), Social Security Disability and Workers’ Compensation.  Serving the Conway, Grand Strand and Pee Dee areas, The David Law Firm focuses on exceptional service and personal attention while delivering optimal results.  Call for a free consultation at (843) 488-1415 or toll-free at (866) 751-1614.

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The Davids’ Diabetes Scholarship Recipients of 2015!

Congratulations to all the diabetic scholarship recipients of 2015!  A special shout-out to the recipients of The Davids’ Diabetes Scholarships: Crystal Bailey of Conway, South Carolina and Darec Longfellow of Graniteville, South Carolina. The David Law Firm will send Bailey a $2500 check to Francis Marion University and Longfellow a $2500 check to Clemson University.

The Davids’ Diabetes Scholarship was created to recognize students who are actively involved in the diabetes community, have high academic performance, participate in community and/or extracurricular activities, are leaders in their school and community and demonstrate they are successfully managing the challenges of living with type 1 diabetes.

Congratulations again to the recipients!  Stay tuned for more details on The Davids’ Diabetes Scholarship recipients.

Byron David

New Ruling on Interstitial Cystitis – Social Security Disability

byron david, conway, scSSA has issued Social Security Ruling (SSR) 15- 1p, which became effective immediately upon publication. 80 Fed. Reg. 14215 (Mar. 18, 2015). This SSR rescinds and replaces SSR 02-2p, which was issued in 2002.

In Section I of SSR 15-1p, SSA describes interstitial cystitis (IC) as “a complex genitourinary disorder involving recurring pain or discomfort in the bladder and pelvic region.” Some medical providers and organizations, including the American Urological Association, consider the disease synonymous with “painful bladder syndrome” and “bladder pain syndrome.” The SSR states that although it uses the term IC, it is designed to address all three disorders. IC occurs more often in women than men, and can co-occur with disorders including fibromyalgia, chronic fatigue syndrome, irritable bowel syndrome, inflammatory bowel disease, vulvodynia, chronic headaches, Sjögren’s syndrome, endometriosis, or systemic lupus erythematosus. It is diagnosed in part by ruling out other disorders with similar symptoms. Tests used to perform this rule-out diagnosis include urinalysis, urine culture, cystoscopy, biopsy of the bladder wall and urethra, distention of the bladder under anesthesia, and culture of prostate secretions. Treatment is generally for the purpose of symptom control, and may not work for everyone.

The new SSR explains in Section II that IC can be a medically determinable impairment (MDI), and describes how adjudicators should evaluate it. It lists specific signs and findings that establish IC as an MDI, despite noting: “There are some signs and findings that could indicate IC, but there are no specific signs or findings that are universally
accepted.” The only acceptable medical sources that can provide information about IC as an MDI are licensed physicians (MD or DO), and they must do so after physical exam, review of medical records, and using testing and the patient’s report
of symptoms to rule out other disorders. Some of the symptoms that can lead to a diagnosis of IC are urinary frequency and urgency; pain in the bladder, pelvis, genitals, thighs, or back; tenderness on physical examination; sexual dysfunction; and sleep problems, including chronic fatigue or tiredness. If a cystoscopy with bladder distention (a procedure, performed under anesthesia, that fills the bladder with fluid) is performed, doctor can use medical signs like stiffening, pinpoint bleeding, or patches of broken skin on the bladder wall to diagnose IC and determine whether it is an MDI. A urinalysis that
shows sterile cultures while symptoms persist, a positive potassium sensitivity test, or accumulation of antiproliferative factor in the urine can also be signs of IC. Anxiety or depression related to IC symptoms, if properly documented, can also help establish IC as an MDI. The SSR notes that its list of signs and symptoms is not intended to be exhaustive, and will likely change as new diagnostic techniques are developed.

Section III of the SSR addresses how IC should be documented, especially since its symptoms often wax and wane over time. Clinical records from medical sources that show evaluation and treatment over time are deemed “extremely helpful.” The SSR also states that evidence from medical sources who are not considered “acceptable medical sources” may also be used, along with third parties like the claimant’s friends, family, employers, clergy, case workers, and SSA staff who interacted with the claimant. Much of the SSR applies existing SSA policy to IC. For example, it states that when adjudication occurs less than 12 months before a claimant’s alleged onset date, SSA will use “information about the person’s treatment and response to treatment, including any medical source opinions about the person’s prognosis at the end of 12 months, helps us decide whether to expect an MDI of IC to be of disabling severity for at least 12 consecutive months.” Also, once an individual is found to have an MDI of IC, the adjudicator must proceed through the sequential evaluation process, determining whether the MDI is “severe,” whether the claimant meets or equals a listing (there is no listing for IC itself), and if not, what the claimant’s residual functional capacity is and whether is allows a return to past or other work. Some of the language in the SSR’s discussion of steps 4 and 5 of the sequential evaluation process in an IC case could be useful when claimants have other impairments or side effects from medication:

[W]e must consider all of the person’s impairment-related symptoms in deciding how such symptoms may affect functional capacity. For example, many people with IC have chronic pelvic pain, which can affect the ability to focus and sustain attention on the task at hand. Nocturia may disrupt sleeping patterns and lead to drowsiness and lack of mental clarity during the day. Urinary frequency can necessitate trips to the bathroom as often as every 10 to 15 minutes, day and night. Consequently, some individuals with IC essentially may confine themselves to their homes….Pain and other symptoms associated with IC may result in exertional limitations that prevent a person from doing a full range of unskilled work in one or more of the exertional categories in appendix 2 of subpart P of part 404 (appendix 2).People with IC may also have nonexertional physical or mental limitations because of their pain or other symptoms. Some may have environmental restrictions, which are also nonexertional….Adjudicators must be alert to the possibility that there may be exertional or nonexertional (for example, postural or environmental) limitations that erode a person’s occupational base sufficiently to preclude the use of a rule in appendix 2 to direct a decision. In such cases, adjudicators must use the rules in appendix
2 as a framework for decision-making and may need to consult a vocational resource.

The new SSR is available on SSA’s website at http://www.socialsecurity.gov/OP_Home/rulings/di/01/SSR2015-01-di-01.html. The Federal Register notice is at http://www.gpo.gov/fdsys/pkg/FR-2015-03-18/pdf/2015-05680.pdf.

Attorney Byron P. David Asked to Speak at the South Carolina Association for Justice Auto Torts Advanced Trial Lawyers College

Byron David

Attorney Byron P. David of Conway, has been asked to speak at the South Carolina Association for Justice’s (SCAJ) Advanced Trial Lawyer College this December in Atlanta.  David will be on the panel with esteemed colleagues, Attorneys John S. Nichols, Allison P. Sullivan and Bert G. “Skip” Utsey.  David’s segment is noted under the Expert College – Learning from the Experts and is titled “The Devil is in the Details: Settlement Agreements, Indemnity Liens”.

“I am truly humbled to be speaking at the conference with such respected and accomplished attorneys.  The Auto Torts conference is always informative and insightful; I look forward to being on the other side this year,” says David.

 The Auto Torts Advanced Trial Lawyer College will be at the Ritz-Carlton, Buckhead, Atlanta the first weekend in December. Often described as “the best seminar in the region, if not the country,” the SCAJ Auto Torts seminar is enjoyed by trial lawyers from across the south.  It will include a variety of presentations on subjects ranging from technology and toxicology to neuropsychology and ethics.  Speakers will include well-known AAJ members and experts in their fields.

Attorney Byron David Named “Kiwanian of the Year”

Check out Attorney Byron David in this week’s Horry Independent!  Attorney David was awarded the “Kiwanian of the Year” award and passed the gavel to Chief of Police, Reggie Gosnell.

Byron David

 

The Faces and Facts of Disability

Four Time Finalist for “Best Attorney”

Byron David - The David Law Firm

Thank you again for voting Attorney Byron David “Best Attorney” for the fourth consecutive year!  We love our clients!

THE DAVID LAW FIRM’S NEW HIRE

Taylor Griggs, The David Law FirmThe David Law Firm has hired their legal assistant intern, Taylor Griggs, as a full-time manager of their social security disability claims.  A native of Hartsville, Griggs graduated this May with a Bachelor of Science degree from Coastal Carolina University, concentrating in Business Management.  She has been interning with The David Law Firm since September 2013.

Attorney Byron David is pleased to have Griggs as a full-time member of their team.  “Taylor has exceeded all expectations.  She is an unbelievably hard worker and has an eye for detail; I feel fortunate she has decided to stay with us,” states David.  Griggs will manage social security disability files including filing appeals, obtaining medical documents, court preparations and attending hearings.

Attorney Byron David in South Carolina Lawyer Magazine

Byron David, Conway, SC

You may recognize a familiar face in the May 2014 edition of South Carolina Lawyer Magazine! Attorney Byron David of The David Law Firm is featured for reading to the children at Bridgewater Academy for National Read Across America Day. South Carolina Lawyer Magazine is published bimonthly by the South Carolina Bar.

Feeding the Hungry

Byron DavidAttorney Byron David and Kiwanians were pictured in today’s Horry Independent for their food drive.  Members of the Kiwanis Club of Conway recently held a very successful food drive for the C.A.P Center (Churches Assisting People) in Conway.  Club members were divided into two teams and asked to bring canned goods and nonperishable food items.  The losing team will serve ice cream to the winners next week.  Way to go, Kiwanians!