What a long-term disability attorney does
A long-term disability attorney is a lawyer who helps people with claims under long-term disability insurance policies — the kind of coverage many employers offer as a workplace benefit. These attorneys do not handle Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Instead, they work with the private insurance contracts between you and your employer's insurance company.
Long-term disability attorneys typically handle disputes with insurers: they review denial letters, gather medical evidence, write appeals, and represent you in negotiations or lawsuits against the insurance company. They may also help you understand what your policy actually covers, since disability insurance policies vary widely in what they pay and for how long.
The goal is usually to overturn a denial, find ongoing payments, or resolve a dispute over how much the insurer owes you. Unlike SSDI lawyers, who are paid from your back benefits if you win, long-term disability attorneys usually work on contingency (they take a percentage of what you recover) or charge hourly fees.
Key Takeaways
- Long-term disability attorneys work with private insurance policies, not government programs like SSDI.
- They handle denials, appeals, and disputes with your employer's insurance company over payment or coverage.
- Most charge either a contingency fee (a percentage of your recovery) or an hourly rate, not a fixed fee from your back benefits.
- You may need one if your claim was denied, your payments were stopped, or you disagree with how the insurer calculated your benefits.
- Some attorneys handle both long-term disability and SSDI, but these are separate legal areas with different rules and timelines.
When you might need a long-term disability attorney
You may want to consult an attorney if your long-term disability claim was denied, if your payments were stopped without warning, or if you believe the insurance company made an error in calculating your benefits. Denials often happen when the insurer claims your condition does not meet the policy's definition of disability, or when they say you did not provide enough medical evidence.
Another common reason to seek legal help is if your policy has a "return to work" clause and the insurer is pressuring you to take a job you cannot do. Some policies also have time limits — they may pay for two years, five years, or until age 65 — and disputes sometimes arise about when those limits actually start or whether you still meet the definition of disabled.
You do not need an attorney to file an initial claim or to request a straightforward appeal. Many people handle those steps on their own. But if the insurer has already denied you once, or if the amounts involved are large, an attorney can often recover more than the cost of their fee.
How long-term disability attorneys charge
Long-term disability attorneys use different fee structures than SSDI lawyers. Because they are working with a private contract between you and an insurance company — not a government benefit — they cannot charge the same way.
Contingency fees are common: the attorney takes a percentage (often 25 to 33 percent) of the money you recover. You pay nothing upfront, and if you lose, you owe nothing. This works well if your case is strong and the amount at stake is significant.
Hourly fees mean you pay for the attorney's time, usually between $150 and $400 per hour depending on their experience and location. Some attorneys offer a free initial consultation to discuss your case before you commit to paying.
A few attorneys may charge a flat fee for specific tasks, like reviewing a denial letter or writing an appeal. Always ask about the fee structure before hiring, and get the agreement in writing.
The difference between long-term disability and SSDI attorneys
These are two separate legal specialties, and an attorney who is excellent at one may not practice the other. Long-term disability law involves private insurance contracts and state law. SSDI law involves federal regulations and Social Security's own rules.
The timelines are different too. Long-term disability appeals often move faster — sometimes resolved in months — while SSDI cases can take years. The evidence you need is also different: long-term disability insurers focus heavily on what your own doctor says, while Social Security weighs medical evidence differently and may request its own examination.
Some attorneys do handle both types of cases, which can be helpful if you have both a long-term disability policy and an SSDI claim. But do not assume an SSDI attorney knows long-term disability law, or vice versa. Ask directly about their experience with the type of case you have.
How to find a long-term disability attorney
Start by asking your employer's human resources or benefits department whether they have a list of attorneys who handle disputes with the insurance company. Some large employers keep referrals on file.
Your state bar association usually has a lawyer referral service, often searchable by practice area. Search for "long-term disability" or "insurance law" in your state. Many bar associations also have a "find a lawyer" tool on their website.
You can also search online for attorneys in your area who list long-term disability as a practice area. Look for reviews or case results, but remember that testimonials on a law firm's own website are not independent. Ask any attorney you contact about their experience with cases similar to yours and what they think your case is worth.
Questions to ask before hiring
Before you hire an attorney, ask how many long-term disability cases they have handled and what the outcomes were. Ask whether they have experience with your specific insurance company — some insurers are more predictable than others, and an attorney who knows their patterns can be valuable.
Ask what the timeline usually looks like for your type of case, what documents you will need to gather, and what the attorney expects from you. Ask about the fee structure in writing, including whether there are costs beyond the attorney's fee (such as fees for medical records or informed witnesses) and who pays those if you lose.
Finally, ask what happens if the insurance company offers a settlement. Some attorneys have a conflict of interest if they are paid a percentage — they may push you to settle quickly rather than fight for the full amount you deserve. Make sure you understand how your attorney is incentivized.
What to bring to your first meeting
Bring a copy of your disability insurance policy, your denial letter (if you have one), and any correspondence with the insurance company. Bring recent medical records and a list of your doctors and their contact information. If you have already filed an appeal or requested documents from the insurer, bring those too.
Bring a summary of your work history and what you did in your job, because the attorney will need to understand what tasks you can and cannot do. If you have other medical conditions or have tried to return to work, bring documentation of that as well. The more complete your file, the faster the attorney can assess your case.
Frequently Asked Questions
Can I have both a long-term disability attorney and an SSDI lawyer at the same time?
Yes. These are separate cases with different rules and timelines, so it is common to have both. Make sure each attorney knows about the other case, because the evidence and strategy may overlap. Some attorneys handle both, which can simplify coordination.
What if I cannot afford an attorney?
Many long-term disability attorneys work on contingency, so you pay nothing unless you win. If you cannot find one willing to take your case on contingency, ask your state bar association about legal aid organizations in your area — some offer free or low-cost help with insurance disputes.
How long does a long-term disability appeal usually take?
It varies widely depending on the insurance company and the complexity of your case. straightforward appeals may be resolved in a few months. Disputes that go to court can take a year or more. Your attorney should give you a realistic timeline after reviewing your specific situation.
What if the insurance company says I have to go back to work?
Your policy defines what "disabled" means, and the insurer cannot force you to work if you truly meet that definition. An attorney can review whether the insurer is interpreting the policy correctly and whether you have grounds to challenge their decision.
Do I need an attorney to appeal a denial?
No. You can appeal on your own, and many people do. But if the insurer has already denied you once, or if the amount of money is large, an attorney often recovers enough to pay for their fee and leave you with more than you would have gotten alone.