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ISSUE 4 | MAY '10




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Upcoming Events:
Brinkley Walser attorneys are involved in several events in the next several months, which include:
May 18 - Brinkley Walser attorney David Inabinett will be speaking to the Davidson County Homebuilders Association on estate planning and small business succession issues.
May 24 - Brinkley Walser attorney Ryan McNeill will be giving a free seminar entitled "Elder Law: Documents Everyone Should Have" at 6:00 p.m. at the Davidson County Library in Lexington.
June 15 - Brinkley Walser attorney David Inabinett will be giving a free seminar on elder law issues at the Lexington City Council Chamber at 6:00 p.m. He will cover important documents and long term care issues.
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Evidence of Chronic Pain Must Be Considered in Social Security Disability Cases:
by Thompson Miller, Member 
In Hines v. Barnhart, a 2006 case, the Fourth Circuit Court of Appeals held that Mr. Hines, a North Carolina resident who had Sickle Cell Disease (SCD), was entitled to Social Security Disability Income benefits even though he could not provide objective medical evidence (such as test results) that his pain was so intense that he could not work an eight hour day. The court noted that Sickle Cell Disease ("SCD"), also known as sickle cell anemia, is a blood disorder that mainly afflicts individuals of African and Indian descent. The disease leaves its victims easily fatigued and often suffering from episodes of acute pain. SCD is particularly insidious because it rarely produces the objective medical evidence that doctors desire. In fact, patients with SCD are in an almost uniquely disadvantaged position from the point of view of pain management. The condition is life threatening at times, yet patients are healthy between sickling episodes. Some individuals are affected by painful episodes much more than others, and pain is often the only or main symptom of an acute episode of the illness. The court emphasized that while there must be objective medical evidence of some condition that could reasonably produce the pain, there need not be objective evidence of the pain itself or its intensity. Since SCD is known to cause pain, the court ruled that Mr. Hines subjective statements of chronic pain must be considered. It is important in Social Security Disability cases which involve chronic pain that the claimant be represented by an attorney who understands the court decisions and regulations and can present evidence of chronic pain in an effective way.
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Brinkley Walser, PLLC Services:
We are proud to be a diverse firm that serves the needs of our clients in all areas of the law, including:
• Administrative Law
• Arbitration and Mediation Services
• Banking Law
• Business Law
• Catastrophic Injury Cases
• Civil Litigation
• Consumer Protection
• Collections
• Corporate Law
• Criminal Law
• Education Law
• Elder Law
• Employment Law
• Estate Planning
• Land Condemnation
• Medicaid Planning/Asset Protection
• Real Estate
• Social Security Disability
• Workers’ Compensation
• Wrongful Death
• Wills & Estates
Today's Law Practiced with Small Town Tradition
Brinkley Walser, PLLC is a firm based upon a strong tradition since 1886. A tradition of extraordinary service and attention, a total commitment to our clients. A tradition of providing the most up-to-date knowledge of the law coupled with good common sense that promotes a solution that is in the best interest of the client. A tradition of service not only to our clients, but to the community. A tradition of providing expert, affordable legal advice to almost every area of the law. This tradition started in 1886 and continues with the dedicated team of men and women who make up today's Brinkley Walser.
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