Trial Testimony for Long Term Disability Cases
LTD trial testimony, where applicable, addresses the policy definition, transferable skills findings, and labor market viability for any identified suitable occupations.
Checklist
- Review the administrative record references
- Prepare policy-definition explanation for the jury or bench
- Rehearse TSA and LMS presentation
- Prepare on functional capacity application
Questions to ask the expert
- What does the policy definition require?
- What occupations meet the policy criteria?
- How did you apply the functional capacity evaluation?
Timeline
1 day-of-trial prep session.
Required documents
- Policy
- TSA and LMS
- FCE
- Administrative record
Common pitfalls
- Straying beyond the administrative record
- Confusing own-occupation and any-occupation
Frequently Asked Questions
Do LTD cases typically go to jury?
Most ERISA LTD cases are bench trials or summary judgment; non-ERISA policies may reach jury.
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.