I Have to Appeal a Denial of an ERISA claim; Do I need a Lawyer?
The short answer …. in most cases, yes.
In most cases under the Employee Retirement Income and Security Act (ERISA), the Court will decide the case based on the Administrative Record. The “Record” is made up, in most cases, of the documents and information that you submit during the initial claim, and during the appeal. Once the appeal is over, it is VERY hard to add new information.
At Silvern & Bulger we have handled hundreds of ERISA appeals, including for long term disability (LTD), short term disability (STD) and in medical benefit claims. In the last 3 months alone, we have helped 4 clients obtain benefits during the appeal (and prepared several others for litigation). A qualified ERISA lawyer can help give you the best chance to win your appeal (or be prepared to present your best case to the Court if a lawsuit is needed).