Shutt to address Social Security disability, employment law at SC Bar CLE

COLUMBIA, SC – Burnette Shutt & McDaniel co-founder Nekki Shutt will discuss how employment laws  relate to Social Security disability cases at a continuing legal education seminar this Friday, November 22.

The seminar, sponsored by the SC Bar, is titled “Fundamentals of Social Security Disability Practice”. It begins at 9 a.m. at the SC Bar Conference Center. Attorneys who attend earn 6.25 CLE credits. Registration remains open.

A certified South Carolina employment law specialist, Shutt is among eight lawyers who will present during the day-long program.

Shutt’s portion will focus on how Social Security disability claims (DIB and SSI) fit together with federal laws such as the Employee Retirement Income Security Act (ERISA), the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), COBRA, the Affordable Care Act (ACA) and other employment laws.

She will also discuss a South Carolina state law that requires continuation of group health care coverage for employers with less than 20 employee – who aren’t eligible for COBRA.  Additionally, she will talk about state disability retirement through PEBA.

Disability beyond Social Security

The financial odds are against those who rely on Social Security disability alone. The maximum monthly payment is $2,788, while the average benefit is only $1,171.15, according to 2017 government statistics.

More than half of all personal bankruptcies and foreclosures are due to disability, Shutt says.

That’s why it’s important for workers to explore every avenue available, so that they and their families are protected financially, she adds.

Possibilities include short-term and long-term disability payments they might be entitled to under ERISA. Health insurance coverage can sometimes continue under COBRA or South Carolina’s mini-COBRA. The ADA affords protection against disability discrimination and might require accommodations. The ADA also can lead to extended leave under FMLA. Those are only a few of the possibilities, Shutt says.

Not every law will apply in every disability case.  A skilled employment lawyer can analyze the specific situation and explore all options, Shutt says.

Best Lawyers in America twice has honored Shutt as Columbia Area Lawyer of the Year in Litigation – ERISA. She also authored the ERISA chapters in the three most-recent editions of “Labor and Employment Law for South Carolina Lawyers.”

Her practice includes a wide range of additional employment law topics, such as wrongful termination, discrimination, severance negotiations, non-compete agreements and wage disputes.