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What If I’m Turned Down for Social Security Disability Benefits?

Philip Baddour | August 12, 2010

Many people are unfairly turned down for social security disability simply because of the way their paperwork is processed. However, Baddour, Parker & Hine, PC’s Philip Baddour explains that by working with an experienced lawyer and filing an appeal, a person can almost always get that initial ruling overturned by a judge.

In Goldsboro, NC, Baddour is a lawyer who works on everything from slip and fall cases to social security denials. He tells us that the reason so many people get turned down for social security disability benefits is because of the way the system is set up.

When a person files for social security disability for the first time, he’s expected to turn in medical records and state his case through written documentation. The social security benefits office then makes its determination as to whether the personal qualifies for financial benefits based on the paper trail alone, and nothing else. Therefore, the person making the ruling is not able to evaluate the claimant based on his or her credibility or personal merit whatsoever, says Baddour.

Of course, important documents that could sway the case one way or another are oftentimes left out of the paperwork, especially when submitted by someone who has little to no legal expertise. One of the biggest reasons that Baddour says a person will get his request denied in Goldsboro—whether the case involves a slip and fall scenario, social security, or anything else—is because he wasn’t working with a lawyer.

In a social security disability case, Baddour explains that the No. 1 reason why people get turned down is because they do not have all their paperwork in order. People need to gather all of their medical records, along with statements documenting their doctors’ opinions, and submit those to the social security office. If every piece of required documentation is not submitted, then there is a good chance the claim will be denied.

Once a person has been denied social security disability benefits, the next step is to ask for a reconsideration. If the claimant is turned down for the second time, then he has to right to ask for a hearing before an administrative law judge. It is this point when Baddour recommends contacting an attorney for representation.

Because of their experience working within the legal system, lawyers are better able to communicate with judges and plead their clients’ cases in a clear and concise fashion. Once it reaches this level and a lawyer is involved, Baddour estimates that somewhere between 60% and 85% of the social security disability benefits cases brought before administrative law judges in North Carolina are overturned and the claimants are granted the benefits sought.

Within Baddour’s own practice, that reversal rate is even higher. Between 85% and 90% of the clients Baddour has represented were able to successfully have their rulings overturned. He is able to secure these types of favorable outcomes by making sure that the social security office has all the necessary medical records. Additionally, he will take the time to obtain opinions from his clients’ treating physicians.. By going into the hearing with this paperwork in hand, Baddour says he can give his clients a distinct advantage.

Whether a person in Goldsboro needs a lawyer for a slip and fall case, a disability benefits case, or any type of auto accident scenario, Baddour has found success representing clients in a wide array of personal injury cases over the course of his lengthy and successful career.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

About Philip Baddour

Author Name

Philip Baddour is a graduate of the University of North Carolina at Chapel Hill and the University of North Carolina School of Law. He brings more than 41 years of experience to his practice, working primarily in the areas of personal injury, workers' compensation, social security disability, and civil litigation. He represents the Goldsboro Housing Authority, Wayne Community College and the Village of Walnut Creek, and serves as the president of the North Carolina Advocates for Justice, and as chair of the Clean Water Management Trust Fund. Formerly a member of the North Carolina House of Representatives, Baddour served two terms as the Majority Leader in the House.

Baddour Parker and Hine PC

(919) 735-7275 208 South William Street
Goldsboro,NC 27530
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