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Long-Term Disability FAQs

How should I document my disability for a long-term disability claim?

Quick Answer
Document every symptom, limitation, and treatment consistently across medical visits, daily journals, and functional assessments. The administrative record under 29 CFR 2560.503-1 is built before litigation — what is not in it is generally excluded by federal courts reviewing under 29 U.S.C. §1132. Treat documentation like pre-trial evidence preparation from day one.
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What you need to know

In ERISA LTD claims, documentation is not just helpful — it is the case. Because federal courts applying the Firestone v. Bruch abuse-of-discretion standard generally limit their review to the administrative record, the evidence you compile during the claims and appeal process is almost always the only evidence a judge will see. There is rarely a second chance to introduce a report your doctor wrote after the appeal was decided.

Medical records. See your treating physicians regularly — at least every 4 to 8 weeks for active conditions. Each visit should produce a note that records your specific functional limitations (not just diagnoses), your response to treatment, and any worsening or new symptoms. Avoid sparse notes that suggest stability. Ask your physician to document how your condition affects your capacity for sustained work activity.

Functional journal. Keep a daily or weekly log of your pain levels, fatigue, cognitive symptoms, and what activities you attempted and could not complete. This journal supplements the medical record and provides contemporaneous evidence of variability — the good days and bad days that a single clinical snapshot misses.

Collateral evidence. Statements from a spouse, colleague, or home health aide describing your daily function can be submitted during the 180-day appeal. Pharmacy records confirming medication regimens, hospital discharge summaries, and physical therapy notes all belong in the record.

Start building this record from the day you stop working — not from the day the insurer first denies your claim. We review your documentation and advise on gaps before you file. 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

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  • 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 →

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