Daily Archives: December 20, 2019

Medical Records Are the Key Ingredient to a Durable Administrative Record in ERISA Disability Insurance Cases

Posted in: Disability Insurance, ERISA, Insurance Litigation Blog December 20, 2019

Most ERISA lawsuits proceed in Federal court. ERISA plaintiffs are not entitled to jury trials.  Instead, ERISA lawsuits are resolved in bench trials based upon the administrative record.  The facts contained in the administrative records are gathered during the claim review process and the administrative appeal before the lawsuit is filed.  An extremely important component of any administrative record are the plaintiff’s medical records.

Insurance companies that fund employer provided benefit plans have financial incentives to deny meritorious claims.  In many cases, they will retain experts to closely examine your medical records to find any basis to avoid paying you.  One argument that insurance companies like to make is that your doctor’s treatment records do not document findings that support …

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