Once you’ve made the critical decision to pursue your long-term disability (LTD) insurance benefits, the next — and perhaps equally important — step is selecting the right attorney to represent you. This can often feel overwhelming, especially given the emotional and financial pressures involved in a disability insurance claim. It’s not just about finding a lawyer; it’s about finding the right lawyer. Often, that lawyer will not reside in your town, county or even state.
Attorney Jason Newfield, with decades of experience handling disability insurance claims, offers clear guidance to individuals navigating this process. His number one recommendation? Don’t rush this decision, and don’t make it based solely on a friendly demeanor or a fancy website. Ask the right questions — and expect informed, confident answers.
Here are the top 10 questions you should ask any LTD insurance attorney before deciding who will represent you.
- Who Will Actually Handle My Case Day-to-Day?
Many large firms will offer consultations with senior partners, only to delegate your case to junior associates afterward. This can be problematic, especially in the nuanced and highly specialized world of disability insurance law. Your LTD claim could be worth hundreds of thousands, if not millions, of dollars. It is your financial life line.
You want to ensure that the person working on your case has at least two decades of hands-on experience in LTD claims — not someone still learning the ropes. Ask who will be drafting your documents, interacting with insurance carriers, and strategizing on your behalf.
- Have You Represented Clients with My Specific Disability?
While attorneys aren’t expected to be doctors, they should have a working knowledge of the medical aspects of your condition. An experienced disability attorney will understand both the medical language and how to frame it in a way that meets insurance policy requirements.
Jason Newfield, for example, frequently cites cutting-edge medical research and occupational studies that even treating physicians may not be aware of. An attorney must be able to communicate clearly with a wide range of medical specialists and translate complex medical data into compelling legal arguments. Appreciating how conditions typically cause limitations can be helpful in developing evidence and support.
- What Is Your Experience With Disability Insurance Companies and Their Representatives?
In disability insurance law, it helps to know the adversary. LTD Attorneys who regularly deal with specific insurance companies, their in-house counsel, third-party administrators, and medical reviewers gain valuable insights into their strategies and weaknesses.
Attorney Newfield has presented at national disability conferences attended by insurance executives, claims adjusters, and opposing counsel. That level of familiarity can provide a strategic edge in negotiations or litigation. When your attorney knows the habits and tactics of the other side, it often leads to better outcomes. And having the respect of the insurance company representatives helps each client when their claim is being reviewed.
- Do You Understand How Insurance Companies Operate at a Corporate Level?
Insurance companies are for-profit corporations beholden to shareholders. At the end of each fiscal quarter, pressure mounts to meet financial targets — sometimes at the expense of valid claimants. Internal memos, class action lawsuits and whistleblower reports have shown that denying or delaying claims is sometimes encouraged to protect bottom lines.
Your attorney should be able to contextualize your claim within this broader corporate behavior. Understanding the economic incentives and internal processes of insurers can help predict and counteract denials.
- Are You Prepared to Litigate My Case If Necessary?
While some cases resolve at the claims or appeal stage, others require litigation in federal court. Many lawyers shy away from litigation or lack trial experience. That’s not good enough for an LTD claim.
Federal court is the main venue for litigating disability cases, especially those governed by ERISA (Employee Retirement Income Security Act). These proceedings differ significantly from any other legal actions. Your attorney must be well-versed in federal procedures and know how different courts — even different judges — interpret disability claims.
- Do You Handle ERISA Appeals Regularly?
If your LTD policy is employer-provided, chances are it falls under ERISA. This federal law governs how disability claims must be filed, appealed, and litigated — and its requirements are strict.
An attorney unfamiliar with ERISA could jeopardize your entire claim. From the very beginning, your initial application must be prepared with the possibility of litigation in mind. Once an ERISA appeal is denied, you generally cannot submit new evidence. That means your lawyer must front-load the strongest possible evidence and legal argument from day one.
- Can You Represent Me If I Don’t Live in Your State?
In LTD cases, geographic proximity is less important than experience. Because ERISA claims are federal, your attorney can represent you even if they’re not physically located in your state. In non-ERISA cases, seasoned attorneys are admitted to your jurisdiction pro hac vice or work with local counsel.
The most important factor is not where your attorney’s office is located — it’s how many successful disability cases they’ve handled and the ability to advocate for the client.
- How Will We Stay in Touch During My Case?
Communication is key in any legal matter, but especially in a disability claim where health updates, treatment plans, and insurance responses need to be tracked closely. Ask how often your attorney will check in with you. Will you speak directly with your lawyer, or just with paralegals? Will updates be via email, phone, or an online portal?
A good attorney should offer transparency and frequent communication, so you’re never left wondering about the status of your case.
- Do You Offer a Free Consultation — and What Can I Expect During It?
A free consultation is standard in LTD cases, but not all consultations are created equal. Some are superficial — a brief call with little depth — while others are comprehensive strategy sessions. Ask how long the consultation will be, whether the attorney will review your policy or medical records beforehand, and what kind of guidance you can expect to receive.
A truly experienced LTD insurance lawyer will ask detailed questions and provide informed feedback — even before being formally retained.
- Can I Trust You With My Future?
This final question is deeply personal, but absolutely necessary. You’re placing your financial future in someone else’s hands. Do you feel heard? Are your questions being answered? Does the attorney demonstrate not only knowledge but empathy?
A trustworthy attorney will be honest about your chances, committed to your case, and responsive throughout the process. This is about more than just credentials — it’s about character.
Attorney Jason Newfield has spent his career guiding clients through the complexities of LTD insurance claims, ERISA appeals, and federal litigation. He believes that informed clients make the best decisions — and that starts with asking the right questions.
If you’re seeking guidance on your disability claim, take advantage of a free consultation With Jason Newfield, a highly experienced disability insurance attorney. Your future may depend on it.
