5 Things to Look for in a Disability Lawyer

If your disability benefits have been denied or cut off, you’re very likely feeling overwhelmed. You’re dealing with health concerns, and now potentially financial pressure, with an insurance company letter filled with unfamiliar terms.

A disability lawyer can help you understand what has happened and what options may be available. But if you have never dealt with long-term disability insurance before, it can be difficult to know what to look for.

Here are five practical things to consider before choosing a lawyer for a disability claim.

1. They regularly handle disability insurance claims

Not every lawyer focuses on the same kind of law. Disability insurance claim lawyers have a specific focus: they focus on insurance policies, medical information, and strict deadlines. You’ll want to look out for a law firm that specializes in helping people whose long-term disability, or LTD, benefits have been denied or terminated.

Long-term disability benefits are monthly payments available through a workplace benefits plan or private insurance policy when a medical condition prevents someone from working. The exact rules depend on the policy.

For example, a policy may initially ask whether you can perform the main duties of your own job. After a certain period—often two years, the Change of Definition—the test may change. The insurer may then ask whether you can work in any job that is reasonably suitable based on your education, training, and experience.

This period can have a major impact on one’s claim. A disability lawyer will understand the difference and be able to explain how it may apply to you.

Some questions you can ask during an initial phone call:

• Do you often handle disability insurance claims?
• Have you helped clients after LTD benefits were denied or stopped?
• Have you handled claims involving the change from “own occupation” to “any occupation” coverage?
• Have you worked with people facing limitations similar to mine?

You do not need a lawyer to promise a particular result. No lawyer can responsibly guarantee that. What you want is someone who understands the type of dispute you are facing.

2. They can explain things clearly

Receiving a denial from your disability insurance company can be a confusing experience. The denial itself will reference medical records, policy definitions, job assessments, medical treatment recommendations, or perhaps claims that there’s not enough evidence to support paying out ongoing benefits based on your application. The right disability lawyer can translate that information into plain language for you.

After your first conversation, you should have a better understanding of:

• Why the insurer says it denied or stopped your benefits
• What the policy appears to require
• What information may be missing or unclear
• What your next steps could be
• Whether deadlines may apply

For example, an insurer may say there is “insufficient medical evidence.” That does not necessarily mean they believe you are lying to them or that your condition is not serious enough to warrant receiving benefits. It may mean the medical records do not clearly explain how your symptoms affect your ability to do your job.

A diagnosis isn’t always enough to convince the insurer that you deserve disability benefits. What’s more important is often how your everyday work abilities are impacted.

• Basic movements like sitting, standing, or getting around
• Focus and recalling important information
• Attending work reliably
• Maintaining a full-time schedule

You shouldn’t feel pressured or dismissed by the answers. A lawyer may need to reviewing your file before giving specific answers, but they should be able to explain in general terms what they see and why it matters to your case.

3. They understand how insurance companies review claims

Insurance companies don’t simply take your word for it when you apply for disability benefits. They look closely at your medical records, specialist reports, medications, and other information before deciding whether to approve or deny your claim. They may also look at your social media and, in some cases, even conduct surveillance—either after you apply or while you’re receiving benefits. That can feel incredibly personal and invasive.

One reason claims are denied is that the information in an application doesn’t always tell the whole story. For example, your GP’s notes might confirm that you live with chronic pain, depression, and an autoimmune condition. But that doesn’t necessarily explain how those conditions affect your ability to function day to day. The insurer may want to know whether you can reliably work an eight-hour day, get to and from work, stay focused, and maintain a consistent level of productivity.

Disability claims are often not only about the name of a condition. They are about its real-life effects.

An experienced disability lawyer should be able to review the insurer’s reasoning and identify questions such as:

• Has the insurer misunderstood your job duties?
• Does the medical evidence clearly describe your limitations?
• Has the insurer reviewed incomplete information?
• Are there additional records or reports that may help explain your situation?
• Has the insurer fairly considered your ability to work consistently and reliably?

Ask what happens if the insurance company does not make a reasonable settlement offer. The large majority of disability disputes resolve during mediation, but you should understand whether the lawyer is prepared to negotiate and, if needed, go to trial.

4. You understand the legal fees and expenses

Legal fees are an important part of choosing a lawyer, particularly when your income has been interrupted.

Many disability lawyers work on a contingency-fee basis. In simple terms, this usually means the lawyer’s fee is tied to the money recovered through a settlement or court decision. You may not have to pay legal fees up front.

Contingency agreements can vary significantly, so before you sign a retainer agreement, take the time to read through carefully and ask questions about anything you do not understand. Here are some examples:

• What percentage will the firm charge as a legal fee?
• Is HST added to the legal fee?
• What expenses may be charged during the case?
• Who pays for medical records, reports, court documents, or other costs?
• Are those expenses deducted from a settlement?
• Could I owe money if we lose the case?
• What happens if I change my mind and decide not to continue?

5. You feel comfortable working with them

A disability claim contains personal information about your medical history, treatment, work history, finances, and family life. You’ll need to discuss symptoms, timelines, and experiences that can be emotionally difficult. Working with people that make you feel comfortable will make a big difference in how the case goes.

Your legal team is there to listen to you, treat you respectfully, and take your concerns seriously, while still getting real and honest advice. The right law firm will explain the strengths and challenges of your claim in a straightforward way.

Ask:

• Will I have a main point of contact who I can speak to when questions arise?
• Will I deal directly with a lawyer, a law clerk, or another team member?
• How will the firm keep me updated?
• How quickly can I expect a response when I get in touch?
• Who should I contact if I receive updated communication from the insurer?
• What documents should I collect and share with the firm?

Clear communication can make a significant difference when you are already managing a medical condition and financial uncertainty.

Before You Choose

Look for a disability lawyer who regularly handles disability claims, explains the issues in a clear way, knows how insurers assess disability claims, is open about all their fees, and communicates in a way that makes you feel comfortable and supported.

If your benefits have been denied or stopped, do not put the insurer’s letter aside for too long. Insurance policies and legal claims may involve important deadlines, and the applicable deadline can depend on your particular policy and circumstances.

Getting legal advice early can help you understand the insurer’s decision, protect your options, and decide what to do next.