Skip to main content
Long-Term Disability FAQs

What is a functional capacity evaluation and how does it affect my LTD claim?

Quick Answer
A functional capacity evaluation (FCE) is a standardized occupational therapy assessment measuring your physical work capacity — lifting, sitting, standing tolerance, and cognitive endurance. FCE results enter the administrative record under 29 CFR 2560.503-1 and are central to both own-occupation and any-occupation determinations under 29 U.S.C. §1132.
Call 866-205-2415 Available 24/7 Hablamos Español Free consultation

What you need to know

A functional capacity evaluation is one of the most consequential tests in an LTD claim. Conducted over one or two days by an occupational therapist, the FCE measures your actual physical capacity across standardized tasks: maximum lifting weight, positional tolerances (sitting, standing, walking), hand grip strength, and — in more sophisticated protocols — cognitive stamina under simulated work conditions. The resulting report classifies you as capable of sedentary, light, medium, heavy, or very heavy work under U.S. Department of Labor definitions.

Insurers order FCEs to support own-to-any-occupation transitions and to challenge treating-physician opinions that restrict you to less than sedentary work. A one- or two-day snapshot, however, may not capture variability, pain amplification after exertion (post-exertional malaise in ME/CFS, for example), or the cognitive toll of sustained work. If the FCE result contradicts your treating physician’s functional assessment, your attorney should challenge the methodology in the administrative appeal.

You can also use an FCE proactively — retained by your attorney before the 24-month transition — to create an objective record of your limitations. A well-documented FCE paired with a treating-physician statement and a vocational rebuttal is the strongest administrative record you can build.

Under Glenn, courts may weigh the insurer’s conflict of interest when its FCE vendor has a track record of insurer-favorable results. Build your record during the 180-day appeal window under 29 CFR 2560.503-1. No fee unless we win.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York workers’ compensation, SSDI, LTD, and personal injury cases for over three decades. He still attends workers’ compensation board hearings himself.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

Talk to a real attorney today.

Free consultation. No fee unless we win. English or Spanish. Day or night.