Retaining an Expert for Long Term Disability Cases
LTD engagements focus on applying the policy's disability definition to the claimant's documented functional capacity and transferable skills. ERISA procedural constraints apply to most group LTD plans.
Checklist
- Obtain the LTD policy and definitions (own occupation, any occupation, reasonable occupation)
- Review the administrative record and claim file
- Obtain FCE and medical records documenting functional capacity
- Retain vocational expert for transferable skills analysis
- Document labor market evidence for any identified suitable occupations
Questions to ask the expert
- How do you apply the specific policy definition to the functional profile?
- Do you use published labor market data for the claimant's area?
- How do you handle ERISA's limited record constraints?
Timeline
Reports are typically 30 to 60 days from receipt of complete records for most LTD vocational engagements.
Required documents
- Policy and definitions
- Administrative record
- Medical records and FCE
- Employment and salary history
Common pitfalls
- Confusing own-occupation and any-occupation analyses
- Failing to confirm ERISA applicability
- Omitting labor market viability in any-occupation analyses
Frequently Asked Questions
Does ERISA limit expert involvement?
ERISA cases have constrained administrative records. Expert reports are typically offered in support of claim files or in later litigation depending on the procedural posture.
References
- U.S. DOL - ERISAGovernment
Ready to Get Started on long term disability cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.