What a Long-Term Disability Lawyer Does

A long-term disability (LTD) lawyer represents you in disputes with your insurance company over benefits you believe you are owed. Unlike SSDI lawyers, who work within the Social Security system, an LTD lawyer handles claims under private insurance policies — usually group plans through your employer, or individual policies you purchased yourself.

The core work is straightforward: your insurer denies your claim or stops paying, and the lawyer argues that the policy language, your medical evidence, and the law require them to pay. This means reviewing your policy's definition of disability, gathering medical records and informed opinions, writing demand letters, and if necessary, filing a lawsuit in state or federal court. The lawyer does not work with SSA or Medicare — they work against the insurance company that holds your money.

Most LTD lawyers work on contingency, meaning they take a percentage of what they recover (usually 25 to 33 percent) and you pay nothing upfront. Some charge hourly rates instead. Either way, the lawyer's fee comes from your back pay or ongoing benefits, not from your pocket before the case settles.

Key Takeaways

  • An LTD lawyer handles disputes with private insurance companies, not with Social Security — they argue that your policy requires payment based on your medical condition and the policy's own definition of disability.
  • Most work on contingency, taking 25 to 33 percent of recovered money, so you do not pay upfront; some charge hourly rates instead.
  • You need a lawyer most when your insurer denies your claim, stops paying after a period of time, or demands you prove you still cannot work — not for the initial claim itself.
  • The policy document, not federal law, controls what "disabled" means; a lawyer's job is to show your condition meets that specific definition.
  • LTD cases often take one to three years from denial to settlement or judgment, and many settle before trial.

When You Actually Need an LTD Lawyer

You do not need a lawyer to file an initial LTD claim. The insurer will ask for medical records, a statement from your doctor, and your employment history — you can gather and submit these yourself. Many claims are approved without a lawyer involved.

You need a lawyer when the insurer denies your claim, terminates your benefits after paying for a time, or demands ongoing proof that you remain disabled and refuses to pay while you gather it. These are the moments when the insurer is betting you will give up rather than fight. A lawyer shifts that calculation: they know the policy language, they know what courts have said about similar cases, and they can file a lawsuit that costs the insurer money to defend.

You also need a lawyer if your insurer claims you are not disabled because you can do "any work" — even sedentary work you have never done and cannot actually perform. This is a common reason for denial, and it requires a medical informed and a lawyer who understands how courts interpret the policy's definition of disability.

How LTD Claims Differ from SSDI

An LTD claim and an SSDI claim are separate legal universes. SSDI is a federal program with a single definition of disability: you cannot engage in substantial gainful activity due to a medical condition expected to last at least 12 months or result in death. An LTD policy is a contract between you and an insurance company, and the definition of disability is whatever the policy says — it might be stricter, looser, or straightforward different.

Some LTD policies define disability as "unable to perform the duties of your own occupation" for the first two years, then switch to "unable to perform any occupation" after that. Others use a different standard altogether. A lawyer's first job is to read your specific policy and understand what it actually requires you to prove.

You can be denied SSDI and approved for LTD, or vice versa. You can also be approved for both and receive both payments at the same time — though your LTD policy may reduce its payment by the amount you receive from SSDI (called an "offset"). An LTD lawyer needs to understand both systems because they often overlap, but they are not the same case.

What Happens When You Hire an LTD Lawyer

The first step is a consultation, usually free or low-cost. The lawyer will ask about your policy, your medical condition, when the insurer denied or stopped paying, and what reason they gave. Bring your policy document and the denial letter — these two pieces of paper tell the lawyer whether you have a case worth taking.

If the lawyer agrees to represent you, they will send a demand letter to the insurer stating your position and the law or policy language that supports it. Many insurers will reconsider at this point, especially if the lawyer's letter identifies a clear mistake in the denial. If the insurer refuses to budge, the lawyer will file a lawsuit in the state or federal court that has jurisdiction over your policy.

Once a lawsuit is filed, both sides exchange documents (called "discovery") — your medical records, the insurer's internal files, informed reports, and so on. Most cases settle during discovery or shortly after, when both sides understand the strength of the other's position. If settlement fails, the case goes to trial, where a judge or jury decides whether the insurer must pay.

Finding an LTD Lawyer and What to Ask

Start with your state bar association's lawyer referral service, which lists attorneys by practice area. Search for "disability insurance" or "long-term disability" in your state. You can also ask your primary care doctor or a disability advocacy organization in your state — they often know which lawyers handle these cases well.

When you call, ask these questions: Do they take contingency cases, and if so, what percentage? How many LTD cases have they handled? Have they handled cases involving your specific insurer? What is their timeline estimate from now to settlement or trial? Will they handle the case themselves or hand it off to another lawyer?

Ask also whether they have worked with medical experts in your condition — LTD cases almost always require an independent doctor to review your records and testify that you meet the policy's definition of disability. A lawyer with established relationships with experts can move faster and often at lower cost.

The Cost and Timeline of an LTD Case

On contingency, you pay nothing upfront. The lawyer takes 25 to 33 percent of the money recovered — back pay owed to you, plus ongoing monthly benefits if the case is settled as a lump sum. Some policies or court orders cap the lawyer's fee at a lower percentage, so ask about this when you hire.

The insurer may also be ordered to pay your lawyer's fees separately, depending on the policy language and the court's ruling. This is not may provide, but it happens in some cases, which means you recover more of your own money.

Timeline varies widely. A straightforward case with clear medical evidence might settle in six months to a year. A complex case with disputes over what the policy means, or where the insurer has internal documents showing bad faith, can take two to three years. During this time, you are not receiving LTD payments (unless you settle early), so you may need to draw on savings, work part-time if you can, or pursue other income sources.

Red Flags: When to Walk Away from a Lawyer

Do not hire a lawyer who guarantees a win or promises a specific dollar amount. No honest lawyer can do this — the outcome depends on the policy, your medical evidence, and what the court decides.

Be cautious of a lawyer who does not want to read your policy carefully or who says "all LTD cases are the same." They are not. Your policy's specific language is everything.

Avoid a lawyer who pressures you to settle quickly or who seems more interested in their fee than in your case. A good LTD lawyer will explain the risks and benefits of settling versus going to trial, and will let you make the final decision.

If a lawyer does not return calls or does not update you on progress, that is a sign to find someone else. LTD cases move slowly, but you should hear from your lawyer at least monthly, and more often when something is happening.

Frequently Asked Questions

Can I have both an SSDI lawyer and an LTD lawyer at the same time?

Yes. They handle different systems and different money. Your SSDI lawyer works with Social Security; your LTD lawyer works with your insurance company. They should communicate with each other because SSDI approval can affect your LTD case (through offsets or as evidence of disability), but they are separate relationships.

What if my insurer says I have to go through arbitration instead of court?

Many LTD policies require arbitration — a private process where a neutral arbitrator decides the case instead of a judge or jury. Your lawyer can still represent you in arbitration, and the strategy is similar to trial. Ask your lawyer whether arbitration or court (if you have a choice) is better for your specific case.

Do I have to keep working while my LTD case is pending?

No. If you are too disabled to work, you should not work. But understand that if you do work — even part-time or in a limited capacity — the insurer will use that against you, arguing you are not disabled under the policy. Discuss this with your lawyer before taking any work.

What if I settle my LTD case — do I have to repay SSDI?

Not automatically, but it depends on the settlement structure and your SSDI status. If you receive a lump-sum settlement for back pay, Social Security may count that as income and reduce your SSDI for a time. If the settlement is structured as ongoing monthly payments, the impact is different. Discuss this with both your LTD lawyer and your SSDI representative before you settle.

How long do I have to sue my LTD insurer after a denial?

This depends on your state and your policy. Most states give you three to six years from the date of denial to file a lawsuit, but some are shorter. Your lawyer will know the important date for your state and policy. Do not wait — the longer you delay, the harder it is to gather evidence and the more your medical condition may change.