What a disability lawyer does for SSDI and LTD cases

A disability lawyer represents you in two separate systems that often work against each other. Social Security Disability Insurance (SSDI) is a federal program run by the Social Security Administration. Long-Term Disability (LTD) is an insurance benefit, usually through your employer or a policy you bought, that pays a monthly amount if you cannot work. A lawyer who handles both knows how to file for each one, how to appeal when either one denies you, and—critically—how the two programs interact when you win both.

The interaction matters because SSDI has an offset rule: if you receive LTD payments, Social Security reduces your SSDI check by a portion of what the LTD plan pays. A lawyer experienced in both systems can sometimes structure the timing of claims or negotiate with your LTD insurer to minimize that offset, or at least explain what will happen before you file.

Disability lawyers do not file your initial SSDI claim for you in most cases—you can do that yourself through Social Security's website or by phone. Where lawyers earn their fee is in the appeal process, which is where most claims are actually won. They gather medical records, obtain statements from your doctors, build the case file, and represent you at the hearing before an Administrative Law Judge (ALJ).

Key Takeaways

  • Disability lawyers typically work on contingency for SSDI cases, meaning they take a percentage of your back pay only if you win, capped by federal law at 25 percent of back pay or $7,200, whichever is less.
  • LTD claims often require upfront payment or hourly fees because the insurer is private, not the government, and the fee structure is different from SSDI.
  • A lawyer who handles both SSDI and LTD understands how winning one claim affects the other and can advise you on timing and strategy.
  • You can represent yourself in SSDI appeals, but the approval rate jumps significantly when a lawyer is involved—from roughly 35 percent to 50 percent or higher at the hearing stage.
  • Interview multiple lawyers before hiring; ask specifically about their experience with LTD offsets and whether they handle both SSDI and LTD cases regularly.

How disability lawyers charge for SSDI representation

SSDI lawyers work under a contingency fee agreement set by federal law. If you win your case, the lawyer takes 25 percent of your back pay—the money Social Security owes you from the date you became disabled until the date your benefits start—or $7,200, whichever is smaller. If you lose, you pay nothing. The lawyer must also ask the court for permission to charge this fee, and Social Security must approve it before the money changes hands.

This means the lawyer's incentive is to win and to win as much back pay as possible. A case that takes three years to win generates more back pay than one that takes six months, so a lawyer might push for a hearing rather than settle early—or might advise you to wait longer before filing if waiting would increase your back-pay amount. Ask your lawyer about this trade-off explicitly.

You are responsible for case costs—things like obtaining medical records, paying for informed reports, or filing fees—separate from the lawyer's fee. Some lawyers advance these costs and deduct them from your back pay after you win. Others ask you to pay them as they come up. Clarify this in writing before you hire.

How disability lawyers charge for LTD representation

LTD cases do not fall under the federal contingency fee cap because LTD is private insurance, not a government program. Lawyers handling LTD claims typically charge either an hourly rate (usually $150 to $400 per hour, varying by location and experience) or a contingency fee negotiated case-by-case, often 30 to 40 percent of the benefit amount recovered.

Some lawyers will take an LTD case on contingency if the potential payout is large enough. Others require an upfront retainer—a deposit against future work—before they begin. If you are already receiving LTD payments and the insurer has denied a claim for continued benefits, the case may be smaller and the lawyer may ask for hourly fees instead.

Ask whether the lawyer's fee comes out of your LTD payment or whether you pay separately. If the lawyer takes a percentage of your monthly benefit, that reduces what you receive each month for as long as you collect LTD. If you pay hourly, you control the total cost but must budget for it upfront.

Finding a lawyer who handles both SSDI and LTD

Not all disability lawyers handle LTD cases. Many focus only on SSDI because the contingency fee structure is simpler and the caseload is steadier. Before you contact a lawyer, check their website or call and ask directly: "Do you represent clients in LTD appeals?" If the answer is no or hesitant, move on.

Start with the National Organization of Social Security Claimants' Representatives (NOSSCR), which maintains a directory of lawyers and non-lawyer representatives certified to practice before Social Security. You can search by state and filter for those who also handle LTD. The Social Security Administration's own website lists accredited representatives, though it does not always note whether they handle LTD.

Your state bar association may have a disability law section or referral service. Local legal aid organizations sometimes have disability specialists on staff or can refer you to private lawyers who work with low-income clients. If you belong to a union or professional association, ask whether they have a list of recommended lawyers.

Once you have a few names, call and ask about their experience with LTD offsets specifically. A lawyer who has handled cases where a client won both SSDI and LTD knows the pitfalls and can explain how the offset will work in your situation.

What to ask a disability lawyer before hiring

Schedule a consultation—many are free or low-cost. Bring your medical records, any denial letters from Social Security or your LTD insurer, and a list of questions. Here is what to ask:

  • How many SSDI cases have you taken to a hearing in the past two years, and what percentage were approved? A lawyer who regularly wins cases will have concrete numbers. Approval rates vary by region and judge, but a lawyer should know their own track record.
  • Have you handled LTD cases, and do you handle them now? If yes, ask how many in the past year and whether you have experience with offsets.
  • If I win both SSDI and LTD, how will the offset work, and what will my total monthly income be? A good lawyer can walk you through the math or at least explain the variables.
  • What are your fees, and what costs do I pay separately? Get this in writing.
  • How long does an SSDI case typically take from initial denial to hearing? The answer is usually 18 months to three years, but it varies. A lawyer should give you a realistic timeline for your region.
  • Will you communicate with my LTD insurer, and do you recommend I file for SSDI before or after pursuing LTD? The strategy depends on your situation, and a lawyer should have a reasoned answer.

When you might not need a lawyer for SSDI

If your case is straightforward—you have recent, clear medical evidence that you cannot work, your doctors support your claim, and you have a solid work history—you may win your initial SSDI claim without a lawyer. Social Security approves some initial claims without requiring an appeal, especially for people with severe, well-documented conditions.

However, if Social Security denies you and you want to appeal, the approval rate climbs significantly when a lawyer is involved. At the hearing stage, roughly 35 to 40 percent of unrepresented claimants are approved, compared to 50 to 60 percent of those with lawyers. The difference is that a lawyer knows how to present evidence, cross-examine the vocational informed the government brings, and argue the law in a way that persuades the judge.

For LTD claims, the insurer's job is to deny or limit payments, and they have lawyers and doctors on staff to do it. Representing yourself against an insurance company is harder than representing yourself before Social Security. If your LTD claim has been denied or your benefits have been cut off, a lawyer is worth the cost.

Understanding the timeline and what to expect

An SSDI case from initial claim to approval typically takes 3 to 6 months if approved at the initial stage. If denied, the appeal process adds 12 to 24 months before a hearing. Some cases take longer depending on the backlog in your region and the complexity of your medical evidence.

An LTD appeal timeline depends on the insurer and the policy. Some insurers respond to an appeal within 30 to 60 days. Others take longer. If the insurer denies the appeal, you can file a lawsuit in federal court, which can take one to three years.

A lawyer cannot speed up the government or the insurance company, but they can make sure your case moves forward without unnecessary delays. They will tell you what to expect at each stage and what documents you need to gather.

Frequently Asked Questions

Can I hire a lawyer for my LTD claim and a different lawyer for SSDI?

Yes, but it is not ideal. If both lawyers do not communicate, they may file claims at times that hurt each other or miss opportunities to coordinate strategy. If you hire one lawyer for both, make sure they have experience with both types of cases and understand how the offset works.

What if I already won my LTD claim but was denied SSDI?

You can still appeal the SSDI denial. The fact that you won LTD actually strengthens your case because an insurance company—which has financial incentive to deny claims—agreed you cannot work. A lawyer can use the LTD approval as evidence in your SSDI appeal.

Do I have to use a lawyer, or can I hire a non-lawyer representative?

Non-lawyer representatives, called accredited representatives, can represent you before Social Security and charge the same contingency fee as lawyers. They cannot represent you in federal court if you need to sue your LTD insurer. Check NOSSCR's directory to find accredited representatives in your area.

What happens to my lawyer's fee if I win back pay but the offset reduces my monthly SSDI check?

The lawyer's fee comes from your back pay, not your monthly check. The offset affects only your ongoing monthly benefit. So if you win $30,000 in back pay and your lawyer takes 25 percent ($7,500), you receive $22,500. Your monthly SSDI check is then reduced by a portion of your LTD payment, but the lawyer's fee does not change.

How do I know if a lawyer is actually accredited to practice before Social Security?

Check the Social Security Administration's Office of the General Counsel website, which lists all accredited representatives. You can search by name or location. If a lawyer claims to represent you before Social Security but is not on that list, they cannot legally do so.