Why is the “administrative record” important?
The content of the “administrative record” is vitally important to the claim, because if a lawsuit is ultimately filed, the court’s review will generally be limited to that “administrative record”. If the claimant hopes to have any chance of winning in court, it is crucial that he assemble a record, during the administrative review stage (prior to even filing a suit) that is highly favorable to the claim. This means not only submitting all relevant information in the claimant’s possession, but discovering and responding to any evidence in the plan administrator’s (or insurer’s) possession. It is during this administrative review phase, where many ERISA claims are either won or lost. Very few claimants, however, have any idea as to how to build an “administrative record” and they are completely outgunned by the more knowledgeable insurance companies or plan administrators. Therefore, like so many other aspects of ERISA, the so-called “full and fair” review requirement, discussed above,
The content of the “administrative record” is vitally important to the claim, because if a lawsuit is ultimately filed, t he court’s review will generally be limited to that “administrative record”. If the claimant hopes to have any chance of winning in court, it is crucial that he assemble a record, during the administrative review stage (prior to even filing a suit) that is highly favorable to the claim. This means not only submitting all relevant information in the claimant’s possession, but discovering and responding to any evidence in the plan administrator’s (or insurer’s) possession. It is during this administrative review phase, where many ERISA claims are either won or lost. Very few claimants, however, have any idea as to how to build an “administrative record” and they are completely outgunned by the more knowledgeable insurance companies or plan administrators. Therefore, like so many other aspects of ERISA, the so-called “full and fair” review requirement, discussed above,
