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Long-Term Disability FAQs

How does vocational evidence affect an LTD claim?

Quick Answer
Vocational evidence determines whether you can perform your own or any other occupation, which is the central question at the 24-month policy transition. Insurers use vocational consultants to identify alternative jobs; you can rebut with your own vocational expert. All vocational evidence enters the administrative record reviewed under 29 U.S.C. §1132 and 29 CFR 2560.503-1.
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What you need to know

Vocational evidence becomes central to an LTD dispute at the 24-month own-to-any-occupation transition. At that point, the insurer will often commission a vocational review — sometimes a paper review by a certified rehabilitation counselor, sometimes a full vocational assessment — to identify occupations you can allegedly perform based on your residual functional capacity.

The insurer’s vocational consultant will typically reference the Dictionary of Occupational Titles (DOT) or O*NET to describe sedentary or light-duty jobs. Common examples used against white-collar claimants: administrative coordinator, data entry supervisor, phone customer service representative. The analysis rarely accounts for cognitive demands, the need for sustained concentration, or the actual labor market for these roles given the claimant’s age, location, and professional background.

Your rebuttal begins with a thorough functional capacity evaluation (FCE) that documents your actual physical and cognitive limitations. Paired with a treating physician’s statement and a counter-vocational assessment from an independent rehabilitation counselor, this evidence can demonstrate that no realistic occupation in the national economy is accessible given your specific profile.

Under Glenn, a court may consider the insurer’s structural conflict of interest when weighing competing vocational opinions. The administrative record is built during the 180-day appeal window under 29 CFR 2560.503-1 — after that, new evidence is generally excluded. We handle ERISA LTD cases on contingency. 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
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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.

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  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

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    • 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.

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  • 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.

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