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How Hard is it to Get a Disability in South Carolina?

Source: youngmarrlaw.com

How Hard is it to Get a Disability in South Carolina?

Lana Vrz by Lana Vrz
September 29, 2022
in Law
0

Being involved in an accident never has a pleasant result. Sure, you can go through this without having any injuries, but on an emotional level, you cannot expect any positive outcome. Not to mention that there are numerous other problems, who are not visible immediately, that can surface after some time.

For example, you might not be able to get back to work immediately. Instead, you would need to take some time off before you are prepared to return to your workplace at full capacity. While we can all agree that having some time off is something everyone wants from time to time, not receiving salary checks can cause a wide array of different problems for you.

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When that happens, you will need to apply for a disability in your state. Doing so would need you to ask for some legal assistance. If you need their services, be sure to check this site. Today, we want to shine a light on the procedure of getting a disability in South Carolina, and how to qualify for it.

Without further ado, let’s begin.

The Basics

If we take a look at some recent studies done on this topic, we can see that roughly 30% of the population of South Carolina has some sort of disability. When taking a closer look at this statistic, you will see that the highest percentage of this thirty percent have problems associated with cognitive-related conditions.

The costs of healthcare for people who have this sort of problem in the state have amassed to more than $10 billion. When you compare this sum to the overall costs, you will see that it attributes to more than a third of all the costs. So, you can see that these numbers are not something to be tread lightly within this state.

Source: joelthrift.com

How Can You Qualify?

Being qualified for a disability is not as easy as it may seem to some official requirements. As you can presume, the conditions are set at the federal level. Still, the final say on whether you qualify for these or not is going to be made by the local legislation. In this case, the state of South Carolina has its approval ratings.

If you take a look at the history of approvals, you will see that a third of these claims are approved by the local government. When it comes to the main criteria your case will be judged upon, there are two of them. The first one is that you have worked enough to make a substantial effect on the social security tax.

What doesn’t this mean? Well, it means that you were an employee for at least a decade and that you have worked for a salary that is higher than average. The second criterion is that your case can be described as severe. It means that the injuries you have experienced prevent you from working effectively in the future.

The Procedure

Now, we want to talk about how to prove your case in three steps.

The Severity of Your Injuries

As we’ve said, the first thing that you need to pay attention to is proving the severity of your injuries. It means the person who has experienced some sort of accident is not competent to conduct any serious work as a result of the injuries. There are numerous examples of how this can be proved.

For example, if you have been a driver for your whole professional career, and you experience a hip injury, you cannot commit to this job. Since you are not able to do so, you will not have the possibility to earn a paycheck every month. It is an obvious example of why getting a disability is needed.

Source: lawyer-monthly.com

Inability to Adapt

The next part of the procedure is proving that you are not able to get another employment. It means you are not competent enough to find a job that will provide you with a chance to earn the same amount of money as you used to. If you were a driver, then it’s obvious you cannot earn the same amount by being a gardener.

Not to mention that if you are an older citizen, becoming well-versed with modern technologies and working positions that came to be as a result of these is not likely to happen. We can draw a parallel with practically any other profession out there. It needs to be said that this is a key component in proving your disability.

Lasting Condition

The final part of the procedure is proving that your current condition is going to be a lasting one. Naturally, this doesn’t mean that the condition is going to be indefinite. The shortest amount of time that needs to be pointed out is one year. It is a long time to spend without any earnings, don’t you think?

For you to prove that you need to get a doctor’s opinion, which says that you are not able to work for the next year in your profession. If you are lucky enough, and your injuries are not as severe, you can return to work after this period has passed. During that time, you will receive some compensation.

Source: nyworkerscompattorney.com

What if the Claim is Denied?

As you can presume, it can always happen that your application is denied by the court. When that happens, the applicant will need to conduct another procedure. The thing that should be done is to reconsider the case. You should review this part to see whether is possible to make your case stronger.

After the changes have been made to your case, the next stage is to be in front of the administrative law judge hearing. Thankfully, the location of the hearing is always 75 miles near the location where you live. The request you have submitted will be reviewed once again.

The Verdict

Getting a disability in South Carolina is not an easy task. But that doesn’t mean that getting it in another state is easier. Here, we’ve shined a light on all the aspects of this procedure and what you can expect to go through in one of these.

Tags: DisabilitylawSouth Carolina
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