Long-term disability insurance (LTD) offers wage replacement payments at a certain percentage of your usual income if you have a medical condition that keeps you from working for an extended period of time. If you need to file for LTD benefits and your claim has been denied at first, don’t give up—all LTD policies provide at least one, and often two, levels of administrative appeals (meaning through the insurance company rather than in court).
It’s through this appeals process that many workers eventually receive their benefits. If your LTD claim isn’t approved internally, you’ll likely have to “exhaust your administrative appeals” before you can sue the insurance provider in federal court, so it’s important to know what steps you should take in order to preserve your administrative records before you file a lawsuit, if necessary.
Employer-provided LTD insurance policies are governed by a federal law known as the Employee Retirement Income Security Act (ERISA). (29 U.S.C. §1001 (2026).) Under ERISA, the LTD appeal process begins when you receive a denial letter from your insurance provider. The letter will tell you the specific reason why your claim was denied, your right to appeal the denial, and the deadlines for submitting the appeal. (Individually-purchased LTD plans are covered under state insurance law rather than ERISA, but the provisions are usually similar.)
Once you receive the denial letter, you should request your claim file from the LTD provider to see what evidence wasn’t included for the examiner to review. Then, gather any evidence you need to show that the decision to deny your claim was incorrect. Submit this new evidence along with the LTD provider paperwork before the appeal deadline. Make sure to file the appropriate paperwork on time to avoid another denial.
It might seem odd that the same insurance company that denied your disability claim could reverse that decision on appeal. But LTD appeals are often successful because they’re evaluated by different claim units within the company. And the examiners in those units sometimes disagree with the initial decision.
If you have employer-provided LTD insurance, ERISA requires you to appeal at every possible opportunity before you’re allowed to file a lawsuit against the insurance company in federal court, so the “optional” appeal isn’t really optional in this instance. But even if you have an individual plan not governed by federal law, you should still exhaust all your administrative appeals. There’s no sense in filing a lawsuit before you have to.
After you’ve received the denial letter, read it closely to see the reason for your denial. In your appeal letter, you’ll want to address the specific reasons why your LTD claim was denied. These reasons usually fall into two categories: you were denied because you aren’t technically eligible to receive LTD, or you were denied because the insurer doesn’t believe you’re disabled.
LTD plans have certain preliminary eligibility requirements that you must meet before the insurer can make payments. If you don’t meet these requirements, your initial application may be denied. Examples include:
If your denial is due to one of these “procedural” problems, address them in your appeal letter and include evidence showing that you are eligible for LTD. You may want to provide payroll records establishing that you worked long enough for your employer to warrant LTD coverage, for example.
Even if you meet the preliminary eligibility requirements, if the insurance company isn’t convinced you’re disabled, your LTD claim will be denied. Any of the following could lead to a denial:
For example, if you were denied because your condition “lacked objective documentation,” it likely means the insurance company wanted to see more test results (like X-rays, MRIs, or blood panels). If that’s the case, you’ll want to include additional test results as part of your appeal.
When appealing a long-term disability denial, there are some things you can do that will help you win your claim and other things you should avoid doing. The following chart contains some basic dos and don’ts for your LTD appeal.
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LTD Appeal Dos |
LTD Appeal Don’ts |
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Do get a copy of your claim file. Immediately after you receive your denial, request a free copy from your insurance company. |
Don’t stop seeing your doctor. Keep getting the treatment or therapy prescribed for your health condition. |
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Do consider getting the opinion of a vocational expert. A vocational expert can help explain the connection between your medical condition and your inability to work. |
Don’t be seen doing things you claim you can’t do. Insurance providers can sometimes investigate you as you go through your day. If you appear capable of certain tasks, the company might think your condition isn’t bad enough to prevent you from working. |
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Do include a detailed statement from your doctor. Ask your provider to write a medical source statement discussing how your condition affects your daily activities and ability to work. |
Don’t dismiss third-party statements. Friends and family members who have firsthand observations about your limitations can provide helpful letters to the LTD company. |
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Do “stack the record.” If you need to appeal another denial to federal court, the judge can only consider evidence in your claim file. Make sure you get everything you need in it. |
Don’t ignore deadlines. If you don’t submit your appeal paperwork on time, you’re giving the insurance company an excuse to deny your LTD appeal. |
Remember that your medical records need to be as strong as possible in order to succeed in your LTD appeal. This is particularly important if you need to file a lawsuit against the insurance company in federal court, since under ERISA the judge can’t review any evidence that wasn’t in your claim file for the administrative appeals. That means you’ll want to get as much favorable evidence as you can while the record is open.
The exact evidence you’ll need will depend on your specific medical condition, but generally includes the following:
If you notice anything is missing when you review your claim file, you'll need to request it and send it to your insurance company for consideration.
ERISA claims have a 180-day window where you can appeal a denial. (29 C.F.R. §2560.503-1(h)(3)(i) (2026).) The insurance company then has 45 days to make a decision on the appeal, with one 45-day extension possible if circumstances require. (29 C.F.R. §2560.503-1(i)(3)(i) (2026).)
The earlier you hire a lawyer for your LTD claim, the better. Insurance companies won’t hesitate to use your unfamiliarity with the process against you. For example, not all LTD insurers define “disability” the same way—some will find you disabled if you can’t perform your previous work (your “own occupation”), while others need to see that you can’t do any kind of job before your claim can be approved.
An experienced long-term disability attorney can go over your policy terms with you as well as highlight the strengths and weakness of your claim in order to address them on appeal. Your lawyer will know what kind of medical evidence you’ll need to submit (and might also be more familiar with doctors in your area who can potentially help with your case), and can craft a persuasive appeal letter to improve your chances of successfully appealing a denial or termination of LTD benefits.
Need a lawyer? Start here.