Getting denied for long term disability (LTD) benefits feels like hitting a wall. But for many claimants, a denial isn't the end — it's the beginning of a legal and administrative process that can take months or years to resolve. If you're searching for a "denied long term disability attorney," you're likely trying to understand whether legal help is necessary, what that help actually looks like, and how it might intersect with a separate but related system: Social Security Disability Insurance (SSDI).
These are two distinct programs, but they're deeply connected in practice. Understanding how they work together — and where an attorney fits in — matters before you take your next step.
Long term disability (LTD) is typically a private insurance benefit, either purchased individually or provided through an employer. It pays a portion of your income — often 50–70% — if you can't work due to illness or injury. LTD is governed by the terms of your specific policy and, if it's employer-sponsored, by a federal law called ERISA (the Employee Retirement Income Security Act).
SSDI is a federal program administered by the Social Security Administration (SSA). It pays monthly benefits to people who have accumulated enough work credits and can no longer engage in substantial gainful activity (SGA) due to a qualifying medical condition. The SGA threshold adjusts annually — in recent years it has hovered around $1,470–$1,550/month for non-blind claimants.
These programs operate independently, but they frequently overlap. Many LTD policies require claimants to apply for SSDI. If SSDI approves you, LTD insurers often offset their payments by whatever SSDI pays — meaning they pay less, not more. This creates a financial incentive for LTD carriers to push you toward SSDI, and for SSDI approval to matter a great deal to both sides.
LTD denials happen at different stages and for different reasons:
Under ERISA, if your LTD coverage is employer-sponsored, your appeal rights are strictly limited. You typically have 180 days to file an administrative appeal with the insurer before you can sue. After that, federal courts generally review only the evidence in the original claim file — meaning new evidence introduced later may not be considered. This is why the administrative appeal stage is so critical, and why attorneys who specialize in ERISA LTD denials focus heavily on building the record at that point.
If your LTD claim is denied or disputed, you may simultaneously be fighting — or preparing to fight — an SSDI claim. The two processes run on different tracks with different rules.
| Factor | LTD (ERISA) | SSDI |
|---|---|---|
| Who decides | Private insurer | SSA / DDS / ALJ |
| Legal framework | ERISA / policy terms | Social Security Act |
| Appeal stages | Internal appeal → federal court | Initial → Reconsideration → ALJ Hearing → Appeals Council → Federal Court |
| Definition of disability | Policy-specific | Unable to do any SGA-level work |
| Attorney fees | Contingency (% of recovery) | Capped at 25% or $7,200 (whichever is less, adjusted periodically) |
SSDI's appeal process is longer and more structured. Most initial applications are denied — denial rates at the initial stage regularly exceed 60%. From there, claimants can request reconsideration, then an ALJ (Administrative Law Judge) hearing, then the Appeals Council, and ultimately federal court. Each stage has strict deadlines, typically 60 days to appeal.
At the ALJ hearing stage, approval rates improve significantly compared to initial denials. This is where most SSDI attorneys focus their energy — presenting medical evidence, questioning vocational experts, and arguing how your RFC (Residual Functional Capacity) limits your ability to work.
An attorney handling a denied LTD or SSDI claim isn't simply filling out paperwork. Their role typically includes:
For SSDI, attorneys work on contingency — they collect a fee only if you win, capped by SSA at 25% of your back pay award or a set dollar limit (adjusted periodically), whichever is less. For ERISA LTD cases, fee structures vary and courts sometimes award attorney fees separately under the statute.
Not every denied LTD claimant is in the same position, and outcomes vary significantly based on:
Someone in their 50s with a well-documented progressive condition and strong treating physician support is in a different position than someone in their 30s whose records are sparse or inconsistent. Neither outcome is guaranteed either way.
The gap between understanding how this system works and knowing what it means for your specific claim, policy, and medical record is where the real uncertainty lives.
