Evidence to Collect for Your Appeal

Evidence to Collect for Your ERISA Disability Appeal

When your long-term disability claim is denied under ERISA, your appeal is your one chance to build the administrative record. Federal courts generally won’t allow new evidence later, which means everything you submit now will define your case.

Here’s the critical evidence you should gather to strengthen your appeal

Medical Records & Narrative Reports

• Complete medical records: Office notes, imaging studies, lab tests, and hospital records.

• Narrative reports: Ask your treating doctors to write clear, detailed letters explaining how your condition limits your ability to work.

• Symptom history: Document how your symptoms have worsened over time and how treatments have failed or only partially helped.

📌 Tip: Insurers often downplay raw medical files — a narrative report puts your condition into context.

Functional Capacity Evaluations (FCE)

• An FCE is a series of physical and cognitive tests administered by a medical professional.

• It measures your ability to sit, stand, lift, carry, concentrate, and perform work-like tasks.

• FCEs are highly persuasive because they provide objective evidence of functional limitations.

Vocational Evidence & Daily Activity Logs

• Vocational assessments: Independent vocational experts can show how your limitations prevent you from performing your “own occupation” or any occupation (depending on your policy definition).

• Daily activity logs: Keep a written diary of your day-to-day struggles — documenting fatigue, pain, or inability to focus.

• Job descriptions: Provide your actual job duties (not generic titles insurers often use) to highlight physical or cognitive demands.

Physician Statements & RFC Forms

• Physician statements: Strong letters from your doctors explaining restrictions and prognosis.

• Residual Functional Capacity (RFC) forms: These outline exactly what you can and cannot do in a workday (e.g., lift no more than 5 lbs., cannot sit for more than 20 minutes, needs unscheduled breaks).

• Specialist input: Letters from specialists (neurologists, psychiatrists, orthopedic surgeons, etc.) carry significant weight.

📌 Tip: Avoid vague doctor notes like “patient is disabled.” Insurers dismiss these unless tied to specific functional limitations.

Call to Action

Call 1-800-CANT-WORK — Free Evidence Review
Our ERISA attorneys know what evidence insurers respect and what courts require. We’ll help you gather medical records, FCEs, and vocational reports to build a powerful appeal and fight for the benefits you earned.