What happens in Federal District Court… {TOP OF PAGE} can I present new evidence on appeal?
You will rarely be allowed to present new evidence for the first time on appeal to Federal District Court, especially if you could have presented it to the insurance company at the claims level. You will rarely (if ever) be permitted to offer live testimony at the District Court level. The judge will review the entire claims file, will hear arguments from the parties’ attorneys, and will decide whether you are disabled based exclusively on the evidence contained within the insurance company’s claim file. This is why it is critical to submit ALL possible relevant evidence of disability during the claims evaluation process.
