When you’re unable to work due to a disabling injury or illness, securing the disability benefits you need becomes critical for your financial survival. Our skilled disability lawyer in Charleston can help you obtain the disability benefits you’re entitled to receive.
Disability benefit claims often face unnecessary delays, denials, or reduced payments from insurance companies seeking to minimize their payouts. We Stand Up For You® when insurers push back. We’ll give you the legal support you need to secure your financial future.
Our Charleston disability lawyers will guide you through each step of the claims process, from initial applications to appeals and litigation when necessary.
Types of Disability Benefits Available in Charleston
Workers’ compensation disability benefits provide partial wage replacement and medical coverage for employees injured on the job or who develop work-related illnesses. These benefits include temporary total disability, temporary partial disability, permanent partial disability, and permanent total disability classifications.
Long-term disability insurance policies, often provided through employers or purchased individually, can also replace a portion of your income when you cannot work due to illness or injury. These policies typically begin paying benefits after a waiting period and continue for extended periods, sometimes until retirement age.
Social Security Disability Insurance (SSDI) benefits may also be available to you, although first-time applicants are frequently denied benefits. Having a Charleston social security disability lawyer can help you fight challenges so you don’t lose the benefits you’re entitled to receive.
Common Disability Benefit Challenges in Charleston
Insufficient medical documentation represents one of the most frequent reasons for disability claim denials. Insurance carriers demand extensive medical evidence supporting your inability to work. Missing or inadequate medical records often result in claim denials that could have been prevented with proper documentation.
Insurance companies frequently challenge the severity or work-relatedness of disabling conditions. They may demand independent medical examinations conducted by their chosen physicians. Preparing for these examinations and understanding your rights during the process helps protect your claim.
Occupational disability determinations can become contentious when insurance companies argue that you can perform other types of work despite your limitations. “Own occupation” versus “any occupation” policy language significantly impacts benefit eligibility, and insurance carriers often interpret these terms narrowly to deny claims.
Key challenges disability claimants face include:
- Inadequate medical documentation supporting disability claims
- Biased independent medical examinations favoring insurance companies
- Restrictive policy interpretations limiting benefit eligibility
- Delayed claim processing
- Improper benefit calculations
- Surveillance activities attempting to discredit legitimate claims
- Pre-existing condition exclusions denying or reducing coverage
The Disability Claims Process
Initial disability claims must include comprehensive medical evidence demonstrating your inability to perform work duties. This evidence should include detailed physician statements describing your condition, limitations, and prognosis.
When insurance companies deny initial claims, the appeals process provides opportunities to present additional evidence and challenge their decisions. Appeals must be filed within strict time limits, and each level of appeal has specific requirements for evidence submission and legal arguments. Missing these deadlines can permanently bar your right to benefits.
Litigation may become necessary when insurance companies continue to deny valid disability claims despite overwhelming medical evidence. Federal ERISA laws govern many employer-provided disability policies, creating specific procedural requirements for court challenges.
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How Our Charleston Disability Attorneys Approach Cases
At CR Legal Team, we provide Whole-Person Legal Care™ that addresses all aspects of your disability claim while supporting your overall recovery process. Our legal team begins each case with a comprehensive claim evaluation, reviewing your insurance policies, medical records, and employment history to identify all potential sources of disability benefits.
If insurance companies challenge your disability claim through independent medical examinations or benefit reductions, we provide aggressive advocacy to protect your rights. Our attorneys prepare you for these examinations and challenge biased findings that contradict your treating physicians’ assessments.
Our team handles all correspondence with insurance companies, allowing you to focus on your medical treatment and recovery without the stress of managing complex claim procedures. Our comprehensive approach includes:
- Thorough policy analysis identifying maximum available benefits
- Strategic medical evidence development with treating physicians
- Aggressive advocacy during independent medical examinations
- Skilled negotiation with insurance companies and employers
- Experienced litigation representation when necessary
- Ongoing case management, ensuring deadlines are met
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Choose CR Legal Team for Your Charleston Disability Case
Our team includes attorneys with specific experience in workers’ compensation disability claims, long-term disability insurance disputes, and ERISA litigation. This diverse experience allows us to identify all potential sources of disability benefits and develop comprehensive strategies addressing your unique situation.
We operate on a contingency fee basis for disability claims, meaning you pay no attorney fees unless we successfully recover benefits for you. This arrangement allows you to access experienced legal representation without upfront costs during an already financially difficult time.
Contact CR Legal Team today for a free consultation about your Charleston disability claim. Our experienced disability attorneys in Charleston will evaluate your case, explain your rights, and develop a strategy to secure the maximum benefits available. You don’t have to face the insurance companies alone—We Stand Up For You® every step of the way.
