Let Our South Carolina Disability Lawyers Help With Your Case
The Centers for Disease Control and Prevention (CDC) reports that over 26 percent of adults in South Carolina have some type of disability. Many of them have become disabled due to an accident or illness. Our South Carolina disability lawyers believe that disabled individuals deserve to recover compensation for any lost income or medical expenses. Unfortunately, the process for recovering disability benefits is often difficult. Therefore, you may need the assistance of our nationally recognized law firm.
Contents
Disability Insurance Claims
Group Disability Insurance and ERISA Claims
Is your group disability insurance provided to you by your employer? Or do you pay for coverage under an employee’s group disability plan? If the answer is yes to either one of these questions, then your plan is governed by the Employee Retirement Income Security Act (ERISA). In addition, ERISA has a major impact on both long term and short term disability insurance claims. Thus, you should contact an ERISA attorney in South Carolina for help with your claim immediately.
Individual Disability Insurance in South Carolina
While employer or group disability insurance is governed by ERISA, individual disability insurance is not. It is governed by contract laws and insurance policy in South Carolina.
You should always check with an experienced attorney before filing an individual disability insurance claim. He or she can check to ensure that you are eligible to file such a claim and provide you with guidance to strengthen your initial claim. Moreover, if an insurance company denies your disability benefits, our attorneys can appeal or litigate your claim as needed.
Our disability lawyers in South Carolina can tell you more about the laws in your state. Contact our firm to discuss your case.
What Is the Process for Filing a Disability Insurance Claim?
As previously mentioned, the disability insurance claim process can be difficult to navigate. Fortunately, our nationally recognized law firm is here to offer advice and guidance during this stressful time. Here are the steps you might take to recover your disability benefits in South Carolina.
- Filing an initial claim. First, you will begin by filling out the claimant forms. However, there are key differences between filing for group or individual disability benefits. Our South Carolina disability lawyers can inform you of those differences.
- Insurance company investigation. After filing, the insurance company will launch an investigation. This typically involves an insurance adjustor examining your claim forms, medical records and other supporting evidence.
- Appealing the decision. Unfortunately, there are times where an insurance company will deny your disability claim. When that happens, you have the option of filing an appeal. Yet, the process for filing an appeal is different depending on whether you have group or individual disability insurance coverage.
- Filing a lawsuit. If your appeal is denied, then you can now file a lawsuit against the insurance company. Our disability lawyers in South Carolina can help you develop the best legal strategy for court.
VA Disability in South Carolina
In South Carolina, if an injured veteran is unable to work, then he or she may be eligible to receive VA disability benefits. However, our nationally recognized law firm would recommend that you start the claim process immediately. Also, if you receive a VA disability compensation claim denial, then you will have to file an appeal. This will extend the amount of time that you are without your deserved benefits. Therefore, it is important that you consult with a VA disability attorney in South Carolina soon after you receive a claim denial. He or she can offer you advice and provide you with helpful resources to appeal the decision.
State Resources
How to Win VA Disability Benefits in South Carolina
To successfully file a VA disability compensation claim, you must meet several standards. According to the VA, you must have:
- Received a disability rating of a service-connected condition
- Served in active or inactive duty training
- Became injured or ill while serving or made an existing injury worse
If you meet these standards, then there are several ways to file a claim. Most people file online. However, you can also file through the mail or in-person at a regional office.
Appealing a VA Disability Compensation Claim Denial
After receiving a VA disability compensation claim denial, you can choose to appeal the decision. However, you should consult with a VA disability attorney in South Carolina before attempting to file an appeal. An attorney will inform you that there are different forms that must be filed depending on the date of your denial. For example, for claims decided before February 19, 2019, a Notice of Disagreement must be sent to the VA within a year of the rating decision date. However, if your claim was decided after this date, then you have several options for filing an appeal.
- Higher level review
- Supplemental claim
- Notice of Disagreement
Our nationally recognized law firm is passionate about helping veterans recover compensation after a claim denial. Take advantage of our free consultation to discuss your appeal. We will carefully evaluate your information and can offer you advice on how to best proceed.
Cities We Serve
- Charleston
- Columbia
- North Charleston
- Mount Pleasant
- Greenville
- Rock Hill
- Summerville
- Goose Creek
- Sumter
- Hilton Head Island
- And More
Contact Our South Carolina Disability Lawyers
If receiving disability benefits in South Carolina seems just out of reach, then reach out to Tucker Disability Law today. Our South Carolina disability lawyers have the expertise to push back against insurance providers and the government when necessary. Contact us at (866) 282-5260 to schedule a free consultation to discuss your case.
