For most ERISA long-term disability (LTD) cases that proceed to court, the case is decided on a closed administrative record in which the judge can only review the information contained in the insurer’s claim file as of the date it rendered its final decision. In other words, no new evidence can be introduced during the course of the lawsuit. This also means that the judge will not have the opportunity to meet you, ask questions of you, or hear your side of the story firsthand, resulting in a somewhat impersonal process.
To counter this, it can be extremely helpful to include photographs with your long-term disability appeal. Photographs can visually document and substantiate the reality of your disability while also humanizing your claim. By putting a face to your case number, these images serve as a powerful reminder to the judge that the case involves a real person, not just paperwork, fostering a greater sense of understanding and connection to your situation.
Here are some examples of the types of photos you can use to strengthen your LTD case.
Medical-Related Evidence
- Photos of Surgical Sites or Injuries: If your condition involves visible physical injuries, such as post-surgery scars or swelling, include clear, date-stamped photos.
- Images of Assistive Devices: Pictures of medical equipment you rely on, such as wheelchairs, walkers, braces, or oxygen tanks.
Day-to-Day Life Impact
- Home Modifications: Photos of any adjustments you’ve made to accommodate your disability, like grab bars, stairlifts, or hospital beds at home.
- Workplace Adjustments: Images of modifications or inability to perform certain tasks at your workplace
- Daily Activities: Pictures showing struggles with routine activities, such as dressing, cooking, or grooming.
Injury- or Condition-Related Context
- Accident Scene: If your disability was caused by an accident, include pictures of the scene, if applicable (e.g., car crash, unsafe workplace conditions).
- Progression of Symptoms: Series of dated images showing the progression or worsening of your condition over time.
Visual Impact of Symptoms
- Visible Swelling, Deformities, or Skin Conditions: Include pictures that visibly show symptoms (e.g., swollen joints for arthritis, rashes for autoimmune conditions).
- Physical Limitations: Photos of how your body’s mobility or functionality is restricted (e.g., inability to fully extend a limb).
Supporting Evidence from Events or Activities
- Missed Activities: Photos showing events you could not attend or participate in due to your disability (e.g., a photo of your family at a gathering without you, with an explanation).
- Comparative Before and After: Show what your life looked like before and after the onset of your condition (e.g., before being active and now requiring assistance).
When you include pictures in your LTD appeal, there are a few additional things to keep in mind. First, including date stamps with pictures is especially helpful when supporting a long-term disability insurance claim, as this information provides critical evidence linking the images to a specific point in time. This is particularly important for demonstrating the progression or severity of a condition over time. If your photos do not automatically include a date stamp, you should manually document the date they were taken and reference this information in your appeal letter. This added detail helps establish credibility and ensures the insurer can accurately assess your claim based on the timeline of events, increasing the likelihood of a successful outcome.
Secondly, you should include with your appeal letter a written explanation of the relevance of your photos as it clarifies how the images directly support your case. Simply providing photos without context may leave the insurer or a judge uncertain about their significance or how they relate to your condition. By explaining what the images depict—such as physical limitations, medical equipment, or environmental adjustments—and how they demonstrate the impact of your disability, you create a clear connection between the evidence and your claim. This context ensures the insurer, and ultimately the judge, fully understands the importance of the photos, strengthening your case and increasing the likelihood of a favorable decision.
Need More Help?
If you are struggling with a long-term disability (LTD) claim or appeal, our experienced attorneys are here to help. Navigating the complexities of the claim process can be overwhelming, especially when you are already dealing with the challenges of a disability. Our team can assist you in preparing a strong appeal, ensuring that all necessary documentation and evidence are included, and advocating on your behalf throughout the process. With our guidance, you can feel confident that your claim is being handled with expertise and care, giving you the best chance of securing the benefits you deserve.