Should I Hire a Long-Term Disability Attorney?

If you’re unable to work due to an illness or injury and you have long-term disability (LTD) insurance, you might assume you’ll automatically get disability payments. LTD insurance is supposed to be there when you need it, right? But you could be shocked by how difficult it can be to get the insurance company to approve your long-term disability claim. That’s because private long-term disability insurance companies have a financial stake in the outcome of your claim. The fewer claims they approve, the more profit the insurance company makes.

Since the insurance company is looking out for its own interests, it’s a good idea to hire a long-term disability lawyer to protect yours—especially if the LTD company denies your initial claim. Knowing what to look for when hiring an LTD attorney can help you successfully appeal the denial and make it easier to get your claim for benefits approved.

What Are the Pros of Hiring a Long-Term Disability Attorney?

To protect their profit margins, long-term disability insurance companies sometimes make the claims process overly difficult. You should assume that your long-term disability insurer has systems in place that are designed to trip you up and to catch you trying to “cheat the system.”

Even a simple mistake (like missing a deadline, forgetting to fill out something on the claim form, or mentioning something relatively harmless that the insurance company can nonetheless use against you) can sink your claim. An experienced LTD attorney knows how to navigate the insurance process and understands how to fight against unfair practices.

Long-Term Disability Lawyers Understand Bad Faith in LTD Claims

While some LTD insurers regularly pay out valid claims, other LTD insurance companies will deny or delay your claim unfairly. This is called “acting in bad faith.” Here are some examples:

• requiring excessive, unnecessary, or duplicate information
• delaying a long-term disability claim for an unreasonable amount of time
• denying a valid claim for LTD benefits for invalid reasons, or
• paying lower disability benefits than as stated in the long-term disability policy.

An experienced long-term disability lawyer knows how the LTD claims process should work and can spot unfair practices you might not see coming.

LTD Insurers Sometimes Collect Evidence Unfairly

Some LTD companies will conduct surveillance on people applying for benefits. For example, an investigator from the company might secretly follow you and take a video of you doing mundane activities such as taking out the trash, grocery shopping, or even bending down to pick up a package. Later, the insurer might use this visual evidence to justify denying your long-term disability benefits or even to accuse you of misrepresenting your condition (which can be prosecuted as fraud).

This video footage can be unfair to you because it usually only shows part of the picture. For instance, while you might be recorded taking a heavy bag of garbage to the curb or grabbing a box off the ground, the recording probably won't show you later resting and recuperating from the demands of that physical activity.

LTD insurance companies are notorious for showing only the "highlights" from the recordings they obtain—meaning they show only evidence that might damage your disability claim, not support it. Your LTD attorney can ensure the full story of your disability is told, not just the insurer’s edited version.

Should You Hire a Long-Term Disability Attorney Before You File Your Claim?

Sometimes it makes sense to consult with an experienced attorney before you even file for long-term disability benefits. There are several reasons why this can be a good idea. For example, when you file an LTD claim, your insurance company—as part of its claim processing procedures—might ask you to submit information that it will later use against you. The form questions may be designed to get you to answer in ways that hurt your case, so having a lawyer review the form and make sure you don’t slip up can be a huge time saver.

Furthermore, the LTD company might also try to have you sign releases for specific types of information (such as your credit score) that will later facilitate its investigation of you. Many people who apply for long-term disability benefits comply with every request for information the LTD insurer makes, even when the company isn’t entitled to that information. Having an attorney with you from the outset can help protect your rights in the form of experienced oversight, sound advice, and fact-specific recommendations that are in your best interest.

Hiring a Long-Term Disability Lawyer After Your Claim Is Denied

Unfortunately, some LTD insurance companies don’t always play fair. They manipulate the rules and use loopholes to make it more difficult than it should be to get your long-term disability benefits. This unfairness can result in your long-term disability claim being unjustly denied. If your LTD claim was denied, you’ll have at least one (and often two) administrative appeals available to you. Hiring a long-term disability attorney as soon as possible after a denial will ensure your appeals are as effective as they can be.

It's especially important to hire a long-term disability lawyer before any hearings are set for your LTD claim. An experienced LTD attorney knows how long-term disability insurance companies operate—including the way some maneuver to keep you from presenting your strongest case.

For instance, after an administrative hearing for your long-term disability claim, your record will be "closed,” meaning you can't add additional medical records or evidence to your file. And your LTD company probably won't tell you this right away because, if you knew, you’d work harder to ensure that all possible medical evidence supporting your disability claim was in your file before the hearing.

Perhaps most importantly, a long-term disability lawyer can help you gather important medical evidence for your appeal (including asking your doctors to submit supporting information) before your file is closed. Your LTD attorney will know the right questions to ask your doctor to elicit the most helpful responses, which medical tests you might need to add to your file, and how to make sure your doctor’s statements and test results make it into your file before it’s closed.

The Bottom Line: Why You Should Get a Long-Term Disability Lawyer

LTD insurers count on the fact that you probably won't know their rules and procedures. As a consequence, there’s less chance you’ll be able to effectively fight and win your long-term disability benefits—never mind that you (or your employer) have dutifully paid the LTD insurance premiums. To level the playing field, it makes sense to hire an experienced long-term disability lawyer when you need to file an LTD insurance claim.

Hiring a long-term disability lawyer to help with your claim improves your odds of getting the LTD benefits you deserve. And having an LTD attorney on your side is especially beneficial if you have to fight the insurance company to get your long-term disability benefits.

How to Find the Right Long-Term Disability Lawyer

Most people start looking for a lawyer online. You can use your preferred search engine to type in “long-term disability lawyers near me,” “local LTD attorneys,” or a related phrase. Your state bar association should also maintain a list of active attorneys in your area, which you can browse by narrowing down the area of practice to “disability” or “long-term disability insurance.”

Don’t feel obligated to go with the first lawyer who pops up on your internet search or bar association directory. You want the working relationship with your attorney to be as stress-free as possible, so make sure your lawyer is responsive to your needs and that you’re both on the same page with your case. Many long-term disability attorneys offer free consultations, so there’s no risk involved in speaking with one as soon as you know you’re going to file an LTD claim. (For more information, see our article on how much LTD lawyers cost.)

I Won My LTD Claim, What Next?

If your LTD claim has been approved, check out our articles on how much long-term disability usually pays and when your LTD benefits are taxable. Your LTD insurer is likely to want you to apply for Social Security disability benefits as well, and if you win your Social Security claim, you’ll probably have to pay back a portion of your LTD benefits to the insurer.

Depending on the terms of your LTD policy, your benefits may be canceled after a certain time period or if you start your job back up. Learn more about your rights in the workplace in our articles on what happens when an employee goes on long-term disability and whether you can be fired while on LTD leave.