As an attorney, your work requires sharp focus, long hours, and the ability to handle high-stakes responsibilities under pressure. If an illness or injury makes it difficult to continue practicing law, filing for long-term disability (LTD) benefits may be your best option for financial stability. Unfortunately, even highly skilled professionals like attorneys often face significant challenges when navigating the LTD claims process.
The Demands of a Legal Career
The practice of law isn’t just a desk job. Whether you’re drafting complex contracts, preparing court filings, managing clients, or appearing in court, your role likely involves:
- High Cognitive Demands: Memory, concentration, reasoning, and quick decision-making.
- Long Work Hours: Often 50+ hours per week, including evenings and weekends.
- Client and Case Pressure: Emotional stress and responsibility for results.
- Physical Demands: Travel, prolonged sitting, or, for trial lawyers, standing in court.
These demands can make it difficult for an attorney to perform their job if they suffer from a chronic illness, serious injury, or a condition that affects mental or physical functioning.
Why Long-Term Disability Claims Are Difficult for Lawyers
Despite the clear impact a disability can have on a legal career, insurance companies often question or deny attorney claims. Some common issues include:
- Invisible Disabilities: Conditions like chronic fatigue, depression, anxiety, or cognitive impairment may not show up on traditional diagnostic tests, making them more difficult to “prove.”
- Job-Specific Challenges: Insurers may argue that you can perform a different type of legal work or a reduced version of your job, even if you can’t perform at the level required in your current role.
- Misclassification of Your Job: In Doe v. Standard Ins. Co., the insurer evaluated the plaintiff’s disability based on the wrong job classification. Although the plaintiff worked as a practicing attorney in a demanding role, the insurer characterized the occupation in a more general, less demanding light. The court found this to be inappropriate, underscoring the importance of accurately identifying the specific demands of the claimant’s actual job.
- High-Income Bias: Lawyers with high incomes may find that their claims are heavily scrutinized due to the high value.
- “Own Occupation” vs. “Any Occupation” Policies: Some policies only provide benefits if you are unable to work in any occupation, not just your specific area of legal practice.
Case Spotlight: Doe v. Standard Insurance Company
In this case, a practicing attorney applied for long-term disability benefits. The insurer, Standard Insurance Company, evaluated the claim using a generic job description rather than the actual demands of the attorney’s real job.
The court found that Standard’s analysis was flawed because it didn’t reflect the true nature of the claimant’s role as an attorney. The court emphasized that LTD claims must be evaluated based on the actual duties of the claimant’s job, not a diluted or inaccurate classification.
If you’re filing an LTD claim, make sure the insurer understands what your job really entails. Misclassifying your occupation can lead to an unfair denial, just as it did in this case.
Tips for a Successful LTD Claim as a Lawyer
If you’re a lawyer preparing to file a long-term disability claim, here are a few key tips to improve your chances of approval:
- Understand Your Policy: Know whether it defines disability under the terms “own occupation” or “any occupation,” and how long each definition applies.
- Document Thoroughly: Include detailed medical records, test results, doctor’s statements, and documentation of how your condition affects your ability to perform key job functions.
- Emphasize Job Duties: Make it clear how your condition prevents you from performing the critical duties of your job as a lawyer, not just working in general. Refer to your actual job description, not a generic job title.
- Use Vocational Evidence: A vocational expert can help explain how your symptoms limit your ability to function in a legal setting.
- Avoid Inconsistencies: Be careful about what you share on social media, and make sure your statements to doctors and the insurance company are consistent.
How an LTD Attorney Can Help
Even with strong evidence, claims are often delayed, reduced, or denied outright. When this happens, you don’t have to go through the appeals process alone. A long-term disability attorney can help by:
- Reviewing your denial letter and identifying weaknesses in the insurer’s reasoning.
- Gathering additional medical and vocational evidence.
- Preparing a comprehensive appeal that strengthens your claim.
- Representing you in further litigation, if necessary.
Nick Ortiz and the team at the Ortiz Law Firm have experience handling complex disability claims for high-performing professionals, including attorneys. We understand the nuances of legal work and how even mild symptoms can make it impossible to practice effectively. We also understand the importance of insurers evaluating your claim based on the right vocational standards.
Do you need help with your long-term disability claim? Call (888) 321-8131 or contact us online to schedule a free case evaluation.
