Disability Claims Attorney in Charleston
Eligibility for long-term disability (LTD) benefits
Long term disability (LTD) benefits are paid by a private insurance company or an employee benefits plan to a policyholder or employee who becomes disabled. LTD benefits are intended to replace some, but not all, of the income you have lost due to a medically documented physical and/or mental impairment. Most LTD claims are governed by a federal law – the Employee Income Retirement Security Act (ERISA) – which governs pension plans and related employee benefits.
Retaining a disability lawyer in the Beaufort, Myrtle Beach, Charleston SC area may help you get the long term disability benefits you deserve. Contact DIB attorney Robertson Wendt for a free consultation on your case at (866) 701-2589.
You may be eligible for LTD benefits through one or more of the following sources:
Employer-sponsored long term disability is paid by some employers as part of an employee benefits plan. If the employee becomes disabled, benefits are paid by the plan. Many plans contract with a private insurance company to provide this coverage.
Group long term disability policies are available to employees of companies or organizations which provide an optional benefits package. These benefits are usually provided by a private insurance company.
Individual long term disability insurance policies are purchased directly from an insurance company instead of through an employer. Typically they are bought by the self employed, or by employees who are not already covered under a retirement plan or group insurance policy.
South Carolina Retirement System Disability (SCRS) benefits
In South Carolina, state and many local governmental employees participate in the South Carolina Retirement Systems (SCRS). If you are covered by the SCRS, you may be eligible for Disability Retirement benefits. You also may be eligible for basic and/or supplemental long term disability benefits through a private insurance company that manages the plan for the State of South Carolina. The legal rights and procedures for application and appeal for all of these plans are governed by state law. For more information on the SCRS, visit the South Carolina Retirement Systems web site.
LTD and SCRS claim procedures
The procedures for filing an initial disability claim should be spelled out within your disability insurance policy, benefits plan summary, or employee handbook. Certain rights and procedures are required by the Employee Income Retirement Security Act (ERISA) which governs pension plans and related employee benefits. It may be helpful to contact your personnel or human resources director, insurance agent, or union representative prior to filing your claim. If the application forms are not available, you should immediately send a letter by certified mail, with return receipt requested, to the insurance company or your benefits plan or employer indicating that you are applying for disability benefits. We recommend that you always communicate in writing and carefully document all communication.
If your benefits claim is denied or your benefits are terminated, you should contact a disability benefits lawyer immediately
If your initial claim is denied or your benefits are terminated, you have the right to contest this decision, often with successful results. The failure to follow certain procedures can result in the loss of your right to contest the denial or termination of benefits.
Contact us immediately if you receive written notice of the denial or termination of benefits. Delay in filing an appeal or lawsuit may result in the loss of your legal right to contest the decision. The time to hire an attorney is at the first level of appeal. Otherwise, it may be too late for your attorney to submit the evidence needed to win your case.
If your LTD or SCRS claim has been denied and you would like to file an appeal, please contact us so that we may assist you in this process. Disability benefits law is our only practice area, and we understand the system.
Think you can’t afford to hire a disability claims attorney?
Yes, you can! You pay us to handle your disability benefits claims only if they win the case. We normally charge a percentage of the benefits you receive. There may be additional costs, including filing fees, expert witness fees, and charges for medical records. In almost all cases, you make payment of our attorney's fees and costs at the end of the case after we have helped get your benefits.
