Benefits - South Carolina Bar

South Carolina Property Tax for Senior Citizens

The state of South Carolina has special provisions on property taxes for home owners who are 65 years of age or older and who have resided in the state for at least one year. These benefits are usually available for a surviving spouse if the deceased spouse was 65 or older. The surviving spouse must be 50 years of age or older. The benefit is known as homestead tax exemption and provides that the first $50,000 of the fair market value of the dwelling place, including mobile homes on leased land, shall be exempt from municipal, county, school and special assessment real property taxes.

To receive this exemption you must generally apply at your county auditor's office by July 15 of the year in which it is to be initially claimed. If you are unable to go there yourself, you may authorize someone to make the application for you. You must have proof of your age, such as from a birth certificate, Medicare card, Medicaid card or driver's license.

State property taxes which are actually paid may be fully deductible for federal income tax purposes if you itemize your deductions on your federal return. If you have any specific questions about the homestead tax exemption contact your county auditor, or your lawyer.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem. If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. at (803) 799-7100.

Social Security

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If you are 62 years or older and have worked under the Social Security system long enough to be insured, you may be entitled to social security retirement insurance benefits. If you have not reached retirement age and are insured and cannot work because of a disabling medical condition, you and your dependents may qualify for Social Security Disability Insurance Benefits. In order to qualify, you must be totally and permanently disabled. You must be unable to perform your past work or any other work, and your disability must have already lasted or be expected to last for a period of 12 months or more. Widows and widowers who are disabled may qualify for benefits, if they are between ages 50 to 60 and have a condition which falls under a list of medical impairments maintained by the Social Security Administration. Disabled children may qualify for Supplemental Security Income, or "SSI." If their disability continues into adulthood, they may qualify for disability insurance benefits on the earnings records of their parents.

If you think you qualify, the first step is to go to your local Social Security office and apply. They will assist you in filling out the application.

If you are turned down, you have 60 days to request a hearing before an administrative law judge. You may wish to seek the services of an attorney at this stage, if you have not already done so. At the hearing, you may testify and call others to testify in your behalf. The administrative law judge will act as the fact finder and rule on the law as it applies to your case. After the hearing, you will receive a written decision on your claim. This decision may be appealed to the Appeals Council of the Social Security Administration and then to the federal court system.

Remember, if you believe you are entitled to benefits, go to your local Social Security Office and apply. Ask the people in the Social Security office to explain Social Security eligibility requirements, or ask an attorney experienced in this area to help you. If you are rejected, request a reconsideration of your claim immediately. If you are rejected at that point, file a request for a hearing, and if you have not already done so, you may wish to seek the services of an attorney to aid you in your appeal.

Your Rights Under the SC Workers' Compensation Act

The Workers' Compensation Act in South Carolina provides that if an employee suffers injury by accident arising out of and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he/she suffered any permanent injury as a result of the work accident.

Under the current law your employer has the right to select the doctor who will treat you. If you go to see your own doctor without permission of the employer, the employer may not be held liable for the medical expense, unless it constitutes an emergency condition. However, you have the right to choose a physician to evaluate you for the specific disability but it will not be covered by the employer.

Once you suffer an injury on the job you should immediately report it to your supervisor. You should also request that the employer be responsible for the appropriate medical treatment. In the event the claim is denied, you can attempt to handle the case yourself or you may hire an attorney.

If the claim continues to be contested, or denied, you or your lawyer should file a Form 50 on your behalf with the Workers' Compensation Commission. This sets out the various parties, the date and description of the accident, who you reported it to, the injuries suffered, whether medical treatment is needed, any disfigurement you may have received and any other relief you may be requesting.

The employer, unless self insured, is usually represented by an insurance company known as the carrier. The carrier files an answer on a Form 51, where they may admit or deny what you have said in your Form 50. The case is then placed on the Workers' Compensation Commission's docket, and assigned to an individual Commissioner who acts as a fact finder and also rules on the law. A hearing is usually held within three to five months, and at the hearing the employee presents his/her case.

Usually medical testimony is presented in the form of a deposition and your physician will not attend a hearing. The other medical evidence that the Commissioner will rely upon are the medical records you and the Carrier present.

Once a commissioner has ruled on the case, he/she will issue an Opinion and Award which sets forth his/her ruling of fact and law, and what relief, if any, the employee gets. If either party is dissatisfied with the decision, the case can be appealed to the full Commission which is made up of all the Workers' Compensation Commissioners except for the one who heard the case originally. After that hearing is held, if either party is dissatisfied with the decision, it can be appealed to the Circuit Court and on up to the South Carolina Supreme Court. You have 14 days from the date of the Order to file an appeal.

Once the case has been decided by the full Commission it is rare that it is appealed to the courts. Fault or negligence is not an issue regarding the payment of a workers' compensation claim unless, for example, the employee was intoxicated at the time of the injury. Remember, if you are injured on the job, report the incident to your supervisor.

Unemployment Compensation

If you have temporarily or permanently lost your job through no fault of your own, you may be entitled to unemployment compensation. As soon as you are terminated or laid off, you should visit the South Carolina Department of Emploment and Workforce (DEW)'s website. You must fill out forms requesting that unemployment compensation benefits be started. You must also register for work through South Carolina Works Online Services, make a serious effort to get another job, be physically able to work and be available for work without undue restriction (have child care, transportation and so on).

Once you have applied for unemployment compensation, your employer may report that you voluntarily quit without good cause or that you were discharged for bad attendance, violating work rules or another disqualifying reason. DEW can decide at that point to penalize or disqualify you for a portion or all of your unemployment benefits. If you are disqualified from receiving benefits, you have the right to appeal this decision. You must continue to file your weekly claims during the appeal, otherwise you can not be paid even if you win the appeal. You may want to contact a lawyer.

If you receive unemployment benefits without any disqualification, your first week after filing for benefits is a "waiting week" and no benefits are paid for this week. Thereafter, you should receive a weekly check until you have used up all of your benefits or have found another job.

Remember, if you lose your job temporarily or permanently through no fault of your own, you should immediately visit DEW's claimant website and file an application for unemployment compensation. You may lose some benefits if you wait.

If your work is affected by COVID-19, you can apply for Unemployment Insurance. This process and these benefits are the same as applying for benefits if you lose your job through no fault of your own. DEW's website will walk you through the steps of filing a claim.