What a long-term disability attorney does
A long-term disability attorney represents you in disputes with your insurance company over long-term disability (LTD) benefits. These are lawyers who specialize in denied claims, delayed payments, and policy disputes—not in getting you the initial LTD benefit itself, but in fighting when the insurer says no or stops paying.
Most people with LTD coverage get it through their employer's group plan. When you file a claim and the insurer denies it or terminates your benefits, an attorney can review the decision, gather medical evidence, and either negotiate with the company or file a lawsuit. The attorney's job is to prove that you meet the policy's definition of disability and that the insurer's decision was wrong.
Long-term disability law is separate from Social Security Disability Insurance (SSDI) law. An SSDI attorney helps you with the Social Security Administration. An LTD attorney helps you with the private insurance company that your employer hired. Some attorneys do both, but they are different fights with different rules.
Key Takeaways
- Long-term disability attorneys handle disputes with private insurers, not with Social Security—they fight denied claims and benefit terminations from your employer's group plan.
- Most LTD attorneys work on contingency, meaning they take a percentage of the money recovered (usually 25 to 33 percent) and you pay nothing upfront.
- You typically need an attorney when the insurer denies your claim, stops your benefits, or requests a medical exam you believe is unfair.
- The insurance company has its own lawyers and medical reviewers; hiring an attorney signals you are serious and often prompts faster settlement talks.
- Your employer's benefits administrator or the insurance policy itself can tell you the name of the insurer and the policy number you need to give an attorney.
When you should contact an LTD attorney
You do not need an attorney the moment you file for long-term disability. Many claims are approved without one. But certain situations make hiring an attorney worth the cost.
Contact an attorney if the insurer has denied your claim in writing. A denial letter will say why—often that your condition does not meet the policy's definition of disability, or that the medical evidence is insufficient. An attorney can challenge that reasoning and submit additional evidence the insurer may not have considered the first time.
Contact an attorney if the insurer has stopped your benefits after paying for a period. This is common when the company decides you have recovered enough to work. An attorney can argue that you still cannot perform your job duties and that the termination was premature.
Contact an attorney if the insurer has requested a medical examination (called an independent medical exam or IME) and you believe it is designed to deny your claim rather than assess your condition fairly. An attorney can attend the exam with you, object to unfair questions, and obtain the exam report to challenge its findings.
Contact an attorney if you have been waiting more than 30 to 45 days for a decision on your claim without explanation. Delays sometimes signal the insurer is building a case to deny you, and an attorney's letter often speeds things up.
How LTD attorneys charge for their work
Most long-term disability attorneys work on contingency, which means they take a percentage of the money they recover for you and you pay nothing out of pocket. The percentage is typically 25 to 33 percent of the back pay and ongoing benefits they win. If they recover nothing, you owe them nothing.
Some attorneys charge by the hour instead. Hourly rates for disability law typically range from $150 to $400 per hour, depending on the attorney's experience and location. Hourly billing is less common in LTD cases because the insurer often has the money to pay, making contingency more attractive to both attorney and client.
A few attorneys charge a flat fee for specific tasks—for example, reviewing a denial letter and writing a response. Ask about this option if you want limited help rather than full representation.
When you hire an attorney on contingency, the attorney will file a fee agreement with the court or the insurance company (depending on whether the case goes to litigation). This agreement spells out the percentage and protects you from surprise bills. Always read it before signing.
What to bring when you meet with an attorney
Bring your insurance policy or a copy of the summary of benefits your employer gave you. This document defines what "disability" means under your plan—and that definition is everything. Some policies say you cannot work in your own occupation; others say you cannot work in any occupation. An attorney needs to see this.
Bring the denial letter or termination notice from the insurer. This letter explains the reason for the decision and is the starting point for the attorney's challenge.
Bring your medical records—doctor's notes, test results, imaging, mental health treatment records, anything that documents your condition. Organize them by date if you can. The insurer will have some of these, but your attorney may find gaps or records the company overlooked.
Bring your work history and a description of your job duties. The attorney needs to understand what your job required—physical demands, hours, travel, cognitive load—to argue that you cannot perform it.
Bring any correspondence with the insurer—emails, letters, phone notes. These show what you told the company and what they told you, and they sometimes reveal inconsistencies in the insurer's reasoning.
How the dispute process works with an attorney
Once you hire an attorney, the attorney typically sends a letter to the insurer stating that they represent you and requesting a copy of the insurer's file. This is called the administrative file and contains all documents the insurer reviewed when making the decision.
Your attorney reviews this file, identifies weaknesses in the insurer's reasoning, and gathers additional medical evidence—often by asking your doctors to write a letter explaining why you cannot work. The attorney then sends a appeal letter or request for reconsideration to the insurer, laying out the legal and medical case for overturning the denial or reinstatement.
Many insurers settle at this stage. They know an attorney is serious and that litigation is expensive. Settlement usually means the insurer agrees to pay back benefits (called retroactive benefits) and resume ongoing payments, or pay a lump sum to close the case.
If the insurer does not settle, the attorney may file a lawsuit in federal court. This is rare—most cases settle before trial—but it is the ultimate leverage. The lawsuit is governed by federal law (usually the Employee Retirement Income Security Act, or ERISA) and can take one to three years to resolve.
Finding and vetting an LTD attorney
Start by asking your primary care doctor or specialist if they know disability attorneys in your area. Doctors often refer patients to attorneys they trust.
Search your state bar association's website for attorneys licensed in your state who list disability law or ERISA law as a practice area. Most state bars have a "find a lawyer" tool.
Ask the attorney about their experience with long-term disability cases specifically. Some disability attorneys focus on SSDI or workers' compensation; you want someone who has handled private LTD disputes. Ask how many cases they have settled and how many went to trial.
Ask whether they have experience with your insurer. Large insurers like Unum, MetLife, and Lincoln National have patterns in how they deny claims. An attorney familiar with your specific company's practices is valuable.
Ask for references from past clients if the attorney will provide them. A short conversation with someone the attorney represented can tell you whether they communicate clearly and follow through.
Many attorneys offer a free initial consultation. Use this to ask questions and get a sense of whether you trust them. You should feel heard, not rushed.
What you should know about costs and outcomes
On contingency, you pay nothing unless you win. But "winning" does not always mean getting 100 percent of what you asked for. It means getting something—back pay, resumed benefits, or a settlement. The attorney's percentage comes out of that recovery.
If you recover $50,000 in back benefits and the attorney takes 33 percent, you receive $33,500. That is still money you would not have had without the attorney, and the attorney's work made it possible.
Some policies require the insurer to pay the attorney's fees if you win. This is rare but worth asking about. If your policy includes a fee-shifting clause, the insurer may have to cover the attorney's cost, and you keep the full recovery.
Litigation is slower than settlement. If the case goes to court, expect 12 to 36 months before a decision. During this time, you may not receive benefits, so plan accordingly. Some attorneys can negotiate interim payments while the case is pending.
Frequently Asked Questions
Can I hire an LTD attorney if my claim is still pending?
Yes, though many attorneys prefer to wait for a denial first. If your claim has been pending for more than 60 days without a decision, an attorney's letter can prompt the insurer to act. Some attorneys will take the case early if the delay is unreasonable or if you have strong medical evidence that supports your claim.
What is the difference between an LTD attorney and an SSDI attorney?
An LTD attorney fights with your private insurance company over benefits from your employer's plan. An SSDI attorney fights with the Social Security Administration over federal disability benefits. You can hire both—they handle different systems with different rules and different decision-makers.
Can the insurer fire me for hiring an attorney?
No. Federal law prohibits retaliation against an employee for asserting rights under an employee benefits plan. If you are fired or demoted after hiring an attorney, that is illegal and your attorney can sue for retaliation.
What happens if the attorney and I disagree on strategy?
You have the right to make final decisions about your case, including whether to settle. A good attorney will explain the pros and cons of each option and respect your choice. If you lose trust in the attorney, you can fire them and hire someone else, though you may owe the first attorney for work already done.
How long does an LTD case usually take?
If the insurer settles after reviewing your appeal, two to six months. If the case goes to litigation, 12 to 36 months. Settlement is faster and more common; most cases resolve before trial.