What a long-term disability lawyer does
A long-term disability lawyer represents you in disputes with your insurance company over benefits you believe you are owed. They do not work for the government or Social Security — they work for you, usually on a contract that pays them a percentage of any money they recover on your behalf.
Long-term disability (LTD) is typically insurance you buy through your employer or purchase privately. It pays a portion of your income if you cannot work due to injury or illness. When an insurance company denies your claim, delays payment, or stops paying you, a lawyer can file a lawsuit, gather medical evidence, and argue your case in court.
This is different from a Social Security Disability Insurance (SSDI) lawyer, who handles federal benefits. Long-term disability is a private contract between you and an insurance company, so the rules and the legal process are entirely separate.
Key Takeaways
- Long-term disability lawyers work on contingency, meaning they take a percentage of money recovered rather than charging upfront fees.
- You typically need a lawyer when an insurance company denies your claim, stops paying, or offers less than your policy promises.
- Lawyers can review your policy language, gather medical records, and file a lawsuit in federal court if the insurance company refuses to pay.
- The percentage a lawyer takes varies, but is often 25 to 33 percent of the amount recovered, and you should confirm this in writing before hiring.
When you should consider hiring a long-term disability lawyer
You do not need a lawyer straightforward because your claim was denied. Many denials can be overturned through the insurance company's own appeal process, which you can navigate on your own. However, a lawyer becomes useful when the insurance company has already denied your appeal, when they are not responding to requests, or when the amount they are offering is significantly less than what your policy states.
Hire a lawyer if your insurance company claims your condition is not disabling enough, disputes your medical evidence, or says you did not follow the terms of your policy. You should also consider one if the insurance company stops paying benefits after a period of time, claiming you no longer meet the definition of disability in your policy.
Another common reason to hire a lawyer is when the insurance company requests ongoing medical exams or surveillance to prove you are still disabled. If they are using these to deny or reduce your benefits without clear justification, a lawyer can challenge whether those demands are reasonable under your policy and state law.
How to find a long-term disability lawyer
Start by asking your primary care doctor or your state's bar association for referrals. Many disability lawyers work in small practices and rely on word-of-mouth, so your doctor may know someone who handles these cases regularly.
Your state bar association maintains a searchable directory of lawyers by practice area. Search for "disability insurance" or "insurance bad faith" in your state. Some bar associations also offer a lawyer referral service where you can describe your situation and receive names of attorneys who take those cases.
You can also contact your state's insurance commissioner's office. They do not refer lawyers, but they can tell you whether complaints have been filed against your insurance company, which may help you understand whether the company has a pattern of denying valid claims.
When you contact a lawyer, ask whether they work on contingency (meaning they take a percentage of money recovered rather than charging you upfront). Most long-term disability lawyers do, but confirm the percentage and get it in writing before you sign anything.
What to expect during the legal process
Once you hire a lawyer, they will request a copy of your policy, your claim file from the insurance company, and your medical records. They will review the policy language to understand exactly what the insurance company must prove to deny you benefits, and whether they have actually proven it.
Your lawyer will likely send a demand letter to the insurance company outlining why the denial was wrong and what they owe you. Many cases settle at this stage. If the insurance company refuses, your lawyer will file a lawsuit in federal court (because most employer-sponsored plans are governed by a federal law called ERISA).
During the lawsuit, both sides exchange documents and medical records in a process called discovery. Your lawyer may depose (formally question) the insurance company's claims adjuster or medical reviewer. You may be deposed as well. The case can take one to three years to resolve, depending on the complexity and the court's schedule.
What a long-term disability lawyer will cost
Most long-term disability lawyers work on contingency, meaning you pay nothing upfront and they take a percentage of any money they recover. That percentage typically ranges from 25 to 33 percent, though it can be higher in complex cases. You should always confirm the exact percentage in a written contract before hiring.
In addition to the lawyer's fee, you may be responsible for costs such as medical record requests, court filing fees, and informed witness fees. Some lawyers advance these costs and deduct them from your recovery. Others ask you to pay them as they occur. Clarify this in writing before you begin.
If you lose the case, you typically owe nothing — neither the lawyer's fee nor the costs. This is why contingency arrangements are common in disability cases: the lawyer only makes money if you do.
Questions to ask before hiring
Ask the lawyer how many long-term disability cases they have handled and what percentage they won or settled. Ask whether they have experience with your specific insurance company, since some companies are more difficult to negotiate with than others.
Ask what they think your case is worth and what they believe your chances of success are. A lawyer who guarantees a win is not being honest — no lawyer can promise that. But a lawyer who has reviewed your policy and medical records should be able to give you a realistic sense of your odds.
Ask how they will communicate with you during the case and how often you should expect updates. Ask whether they handle the case themselves or whether it will be passed to another attorney in the firm. Ask what happens if the lawyer leaves the firm or retires.
Frequently Asked Questions
Do I need a lawyer if my long-term disability claim was just denied?
Not necessarily. Most insurance companies have an internal appeal process, and you can request reconsideration on your own. A lawyer becomes useful after you have exhausted the company's appeals or if the company is not responding to your requests. If the denial seems clearly wrong based on your policy language, you may want a free consultation with a lawyer to assess your options.
What is the difference between a long-term disability lawyer and an SSDI lawyer?
Long-term disability is private insurance, usually through your employer. SSDI is a federal program run by Social Security. They have different rules, different appeal processes, and different lawyers. You may need both if you are pursuing both benefits, but they are separate cases.
Can a lawyer help if my insurance company stopped paying after two years?
Yes. Many policies have a two-year "own occupation" period, after which the definition of disability changes. If the insurance company stopped paying without properly notifying you or without clear medical justification, a lawyer can challenge that decision. Bring your policy and the letter from the insurance company explaining why they stopped.
What if I cannot afford a lawyer's contingency fee?
Contingency fees are designed so you do not pay upfront. However, if you are concerned about the percentage, you can negotiate. Some lawyers will take a lower percentage if the case is straightforward, or they may agree to a lower percentage if you win but a higher one if the case goes to trial. Always discuss fees before signing.
How long does a long-term disability lawsuit usually take?
Most cases take one to three years from the time you file suit to resolution. Some settle within months if the insurance company's position is weak. Others take longer if the company contests the case aggressively or if the medical evidence is complex. Your lawyer should give you a realistic timeline based on your specific situation and the court's schedule.