Can I Submit New Evidence During the Appeal Process with The Standard?
If your long-term disability (LTD) claim has been denied by The Standard, the appeal process may represent your only meaningful opportunity to correct errors, strengthen your claim, and secure the benefits you deserve. One of the most important — and often misunderstood — aspects of this process is whether you can submit new evidence during your appeal.
The short answer is yes — and in many cases, submitting new evidence is not only allowed, but essential. However, strict procedural rules apply, and failing to submit the right evidence at the right time can permanently harm your claim.
Below, we explain how submitting new evidence works in The Standard disability appeal process, why it matters, and how to protect your rights.
Yes, You Can Submit New Evidence During a The Standard Disability Appeal
When appealing a disability denial from The Standard, you are generally permitted to submit new and additional evidence that was not included in your initial claim. This may include:
- Updated medical records
- New physician opinions or narrative reports
- Functional capacity evaluations (FCEs)
- Vocational assessments
- Mental health treatment records
- Objective testing or diagnostic imaging
- Statements from treating providers addressing The Standard’s stated reasons for denial
In fact, the appeal stage is often your last opportunity to supplement the record with evidence that fully supports your disability claim.
Why Submitting New Evidence Is Critical with The Standard
Most group disability policies issued by The Standard are governed by ERISA (the Employee Retirement Income Security Act). Under ERISA rules:
- The administrative appeal is typically your final chance to submit evidence
- Courts usually cannot consider new evidence that was not included in the claim file during the appeal
- Judicial review is often limited to whether The Standard abused its discretion based on the existing record
This means that if evidence is missing during the appeal, it may be permanently excluded from consideration — even if it would have supported your claim.
Common Reasons The Standard Denies Claims — and the Evidence Needed to Overcome Them
The Standard often denies disability claims for reasons such as:
1. Alleged Lack of Objective Medical Evidence
The Standard may argue your condition is based primarily on subjective complaints.
Helpful evidence includes:
- Diagnostic tests
- Specialist reports
- Functional capacity evaluations
- Consistent treatment records documenting limitations
2. Disagreement with Treating Physicians
The Standard may rely on internal or third-party file reviews instead of your doctors.
Helpful evidence includes:
- Detailed physician narratives
- Rebuttals addressing reviewer conclusions
- Clarification of functional restrictions and work limitations
3. Surveillance or Social Media Reviews
The insurer may claim your activities contradict your reported limitations.
Helpful evidence includes:
- Medical explanations of symptom variability
- Physician statements addressing observed activities
- Context explaining short-duration or isolated activities
4. Vocational Disputes
The Standard may claim you can perform your occupation or another job.
Helpful evidence includes:
- Vocational expert reports
- Employer job descriptions
- Evidence of cognitive, physical, or stamina-related limitations
Timing Matters: When Must New Evidence Be Submitted?
The Standard will set a strict deadline for submitting appeal materials — often 180 days from the date of denial, though shorter timelines may apply. All evidence must be submitted before the appeal deadline. Late submissions are frequently rejected, regardless of their importance. Additionally, if The Standard introduces new evidence or rationales during the appeal, ERISA regulations may entitle you to a full and fair review, including the opportunity to respond.
Why Working with an Experienced Disability Attorney Matters
Appealing a disability denial from The Standard is not simply about submitting more paperwork. It requires:
- Understanding The Standard’s claim handling practices
- Anticipating insurer defenses
- Developing medical and vocational evidence strategically
- Ensuring the record is fully developed for potential litigation
At DarrasLaw, our attorneys focus exclusively on disability insurance claims and appeals. We know how The Standard evaluates evidence, how its reviewers frame denials, and how to build a compelling administrative record that protects our clients’ rights at every stage.
The bottom line? Yes — you can and should submit new evidence during your appeal with The Standard. In many cases, the appeal is your final opportunity to present the full scope of proof supporting your disability.
Failing to submit strong, targeted evidence during the appeal can severely limit your options later. If your claim has been denied by The Standard, consulting with an experienced disability insurance attorney as early as possible can make a decisive difference in the outcome of your case.