Evidence checklist before you file
A working checklist of the records, plan documents and statements to gather before you file your ERISA long-term disability appeal.
Two other guides on this site cover the reasoning behind your evidence file in depth: what counts as relevant evidence the plan must give you explains the regulation's own definition of what your plan has to disclose, and what evidence to add to your appeal and why now explains why the internal appeal is generally your one real chance to build the record. This page is shorter and more mechanical: a working checklist of the specific documents and statements to gather while your appeal clock is running.
Treat it as a starting list, not a complete one. Not every item exists or applies to every claim, and your own plan document may require or allow more than the federal floor described here. Confirm your actual appeal deadline with the deadline calculator before you start working through it.
The checklist at a glance
| Gather | Why it matters | How to get it |
|---|---|---|
| Your denial letter | States the plan's reasons; your appeal clock runs from the date you received it | Already in your possession |
| Your complete claim file | Can include material the plan considered but did not cite in the denial | Request in writing, free of charge |
| Your Summary Plan Description and plan document | Shows whether a discretionary clause applies and how your plan's appeal process works | Request in writing from the plan administrator |
| Updated medical records | Fills any gap in your file since your last submission to the plan | Request from every treating provider |
| A treating physician statement addressing the denial | Responds to the plan's stated reasons directly, not just your diagnosis | Ask your doctor's office directly |
| A functional capacity or vocational evaluation | Documents real-world work limitations a chart note alone may not show | An independent evaluator or your treating provider |
| Your own written statement | Describes how your condition affects your ability to work, day to day | Write it yourself, in your own words |
| Identification of any expert the plan consulted | Lets you compare their underlying findings against what your denial letter says | Request it alongside your claim file |
This is a general list, not a complete inventory for every claim. Some items will not exist or apply to your situation.
Your denial letter
Re-read it for the plan's stated reasons, not only its outcome. See how to read your LTD denial letter for what it is required to disclose, and the 180-day appeal deadline explained and why the clock starts when you receive the letter, not its date for how the letter date relates to your actual deadline.
Your complete claim file
Request it in writing as early as possible: you need time to review it before your deadline, not the week the deadline is due.
reasonable access to, and copies of, all documents, records, and other information relevant to the claimant's claim for benefits
29 CFR 2560.503-1(h)(2)(iii)
That right is free of charge and broader than what your denial letter cites. See how to request your complete claim file for how to ask, and what counts as relevant evidence for the regulation's full four-part definition of what has to be in it.
Your Summary Plan Description and plan document
Separately from the claim file, ERISA entitles you, on written request, to a copy of your plan's summary plan description, its latest annual report, and other instruments under which the plan is established or operated, such as the trust agreement or the contract with the insurer. This is the document that names any discretionary clause; see what is a discretionary clause for why that single sentence can decide how a court later reviews your denial.
Updated medical records and a treating physician statement
A statement that responds point by point to the plan's stated reasons is stronger than a chart note or a repeated diagnosis. This is a gather-item here; for the reasoning on framing and organizing it, see what evidence to add to your appeal and why now.
A functional capacity or vocational evaluation, if you can obtain one
An evaluation that documents concrete work limitations, such as how long you can sit, stand, concentrate, or carry weight, addresses the kind of vocational question a denial letter's medical citation often does not. See what evidence to add to your appeal and why now for where this fits in a full submission.
Your own written statement
A short statement in your own words, describing how your condition affects your ability to work day to day, is not a substitute for medical evidence, but it is something only you can provide, and it belongs in the same file.
Identification of any expert the plan consulted
If your denial letter does not already name every expert the plan consulted, request that identification alongside your claim file.
medical or vocational experts whose advice was obtained on behalf of the plan in connection with a claimant's adverse benefit determination, without regard to whether the advice was relied upon in making the benefit determination
29 CFR 2560.503-1(h)(4), incorporating (h)(3)(iv)
See experts the plan must disclose for the full requirement, including why the denial letter may not name everyone on its own.
Before you start working through this list
Check first whether ERISA even governs your plan: government employer plans, church plans, and individually purchased policies generally follow a different process. See the is my plan ERISA self-assessment. And read common mistakes that hurt an LTD appeal before you submit, since several of them happen at this evidence-gathering stage.
This is a general checklist, not legal advice, and it cannot replace reading your own plan document and denial letter.
Sources
29 CFR 2560.503-1(h)(2)(iii), and (h)(4) incorporating (h)(3)(iv), for the claim-file and expert-identification rights. 29 U.S.C. 1024(b)(4), for the plan-document request right. All checked live 2026-09-27 against the current eCFR page and the govinfo U.S. Code HTML.