ERISA Appeals are Traps

During the appeal review phase, the insurance company will likely do everything it can to avoid a full investigation of your claim. Why? Because gathering more evidence means it is more likely there will be evidence showing you are entitled to your ERISA benefits. Essentially, the insurance companies avoid helping you prove your ERISA claim, which is why they typically only request a couple of months’ worth of doctors’ notes for a disability claim arising from a lifetime illness. This behavior also helps them in litigation because the insurer will argue that no medical evidence can be submitted to the judge if it was not obtained or provided to the insurer before it denied your claim. Insurers will use this phase to try to permanently tie your hands behind your back if you file a suit.