What a Long-Term Disability Lawyer Does in New Orleans
A long-term disability lawyer in New Orleans represents you in disputes with your insurance company over benefits you believe you are owed. These lawyers do not work for the government or Social Security—they work for you, usually on a contract that says they take a percentage of any money recovered (often 25 percent). Their job is to read your policy, gather medical records, write letters to the insurance company, and if necessary, file a lawsuit in federal court.
Long-term disability claims are different from Social Security Disability Insurance (SSDI) claims. Your long-term disability policy is usually something your employer provided or you bought yourself. The insurance company that sold the policy is the one who decides whether to pay you. If they deny your claim or stop paying you, a lawyer can challenge that decision.
In New Orleans, you will be working with a lawyer licensed to practice in Louisiana. They will know the state's courts, the federal court in the Eastern District of Louisiana, and the insurance laws that explore to your case.
Key Takeaways
- Long-term disability lawyers work on contingency, meaning they take a percentage of money recovered rather than charging you upfront fees.
- These lawyers challenge insurance company denials and represent you in federal court if your claim goes to trial.
- You should bring your policy documents, denial letters, and medical records to your first meeting with a lawyer.
- The time to contact a lawyer is as soon as you receive a denial or when the insurance company stops paying you, because there are important date to file in court.
When You Need a Long-Term Disability Lawyer
You should contact a long-term disability lawyer if your insurance company has denied your claim, stopped your benefits, or is asking you to return money you already received. You should also reach out if you are about to appeal a denial and want professional help building your case.
The insurance company will often ask you to submit medical records, work history, and statements about your condition. A lawyer can help you organize this information and make sure you are answering their questions in a way that supports your claim. If you have already submitted materials and been denied, a lawyer can review the denial letter and tell you whether the company made a legal error.
Timing matters. Federal law gives you a limited window to file a lawsuit after a denial—usually 180 days, though this can vary depending on your policy and the specific circumstances. If you wait too long, you may lose the right to sue. Calling a lawyer within a few weeks of a denial is the safest approach.
How to Find a Long-Term Disability Lawyer in New Orleans
The Louisiana State Bar Association maintains a directory of licensed attorneys. You can search their website by practice area (disability law or insurance law) and location (Orleans Parish or the New Orleans area). The bar's website is lsba.org.
You can also ask for referrals from your doctor, your union representative if you belong to one, or a local disability advocacy organization. Many lawyers in New Orleans who handle long-term disability cases also handle SSDI claims, so if you know someone who worked with a disability lawyer for Social Security, that person may be able to recommend someone for your insurance claim as well.
When you call a lawyer's office, ask whether they take long-term disability cases, whether they work on contingency, and what percentage they charge. Most will offer a free initial consultation where you can discuss your case and decide whether you want to hire them.
What to Bring to Your First Meeting
Bring your long-term disability policy itself—the actual document from your employer or insurance company that explains what you are covered for and what the company has to pay. Bring any denial letters or letters saying your benefits have been stopped. Bring medical records from the past two years, including doctor's notes, test results, and any diagnoses.
Bring documentation of your work history: job titles, dates you worked, and a description of what your job required you to do physically and mentally. If you have been unable to work since your condition started, bring evidence of that—for example, a letter from your doctor saying you cannot work, or records showing you have not been employed.
Bring any correspondence between you and the insurance company, including emails, letters, and forms you submitted. If the company asked you questions in writing and you answered them, bring those answers too. The lawyer will use all of this to understand what the company knows about your case and what arguments they might make if the case goes to court.
How Long-Term Disability Cases Work in Louisiana Courts
If your lawyer decides to file a lawsuit, it will be filed in the United States District Court for the Eastern District of Louisiana. This is a federal court because long-term disability policies are governed by a federal law called ERISA (the Employee Retirement Income Security Act). Even though you live in New Orleans, the case follows federal rules, not just Louisiana state law.
The process usually begins with discovery, where both sides exchange documents and information. Your lawyer will send written questions to the insurance company asking them to explain why they denied your claim. The insurance company will ask you questions too, and you may have to sit for a deposition—a recorded question-and-answer session where a lawyer for the insurance company asks you about your condition and your work history.
Many cases settle before trial. Your lawyer and the insurance company's lawyer may negotiate a payment amount that both sides agree to. If no settlement is reached, the case goes to trial in front of a judge. The judge will decide whether the insurance company acted legally when they denied or stopped your benefits.
Costs and How Lawyers Are Paid
Most long-term disability lawyers in New Orleans work on contingency. This means you do not pay them an hourly rate or upfront fee. Instead, if you win your case or reach a settlement, the lawyer takes a percentage of the money recovered—typically 25 percent, though this can vary. If you lose, you do not owe the lawyer a fee.
You may still have to pay court costs and informed witness fees out of pocket, even if you win. These are separate from the lawyer's fee. Ask your lawyer at the first meeting what costs you might have to pay and whether the lawyer will advance those costs or whether you will have to pay them as they come up.
Some lawyers also handle SSDI claims alongside long-term disability claims. If you are pursuing both, the lawyer may charge a single contingency fee that covers both cases, or separate fees for each. Discuss this clearly before you sign any agreement.
Red Flags and Questions to Ask
Be cautious of any lawyer who guarantees a specific outcome or promises you will win. No lawyer can may provide that. Be cautious of lawyers who pressure you to sign an agreement when ready or who seem uninterested in the details of your policy and medical records.
Ask your lawyer how many long-term disability cases they have handled, how many went to trial, and what the outcomes were. Ask whether they have experience with cases involving your specific condition or type of work. Ask what happens if the case takes longer than expected—will the lawyer still represent you, or will they ask you to find someone else?
Ask for the fee agreement in writing before you sign anything. The agreement should clearly state the percentage the lawyer will take, what costs you are responsible for, and what happens if the case settles versus goes to trial. Louisiana law requires this agreement to be in writing, so if a lawyer offers to work with you without a written contract, that is a warning sign.
Frequently Asked Questions
Can I sue my employer instead of the insurance company?
Usually no. ERISA law says you have to sue the insurance company, not your employer, even if your employer is the one who chose the insurance plan. Your lawyer can explain whether there are any exceptions in your specific situation, but in most cases the insurance company is the defendant.
What if I already settled with the insurance company but I think the settlement was too low?
Once you sign a settlement agreement, it is usually final and you cannot reopen the case. Before you sign any settlement, have a lawyer review it to make sure the amount is fair and that you understand what you are giving up. If you have already signed, a lawyer may be able to tell you whether there are any grounds to challenge the settlement, but this is difficult.
How long does a long-term disability case usually take?
Cases that settle can be resolved in six months to two years. Cases that go to trial often take two to four years from the time the lawsuit is filed. Your lawyer can give you a better estimate once they have reviewed your specific case and the insurance company's position.
Do I have to go to court in person?
You will likely have to sit for a deposition, which happens in a lawyer's office, not a courtroom. If the case goes to trial, you may have to testify in court, but your lawyer will prepare you for that. Many depositions and some court appearances can happen by video conference.
What if I am also explore for Social Security Disability?
You can pursue both at the same time. Some lawyers handle both types of cases. Let your long-term disability lawyer know that you are also pursuing SSDI, because the two cases can affect each other—for example, if you win SSDI, the insurance company might use that to argue your condition is not as severe as you claim. Your lawyer can help you manage both claims strategically.