The answer to this question is yes. However, the real question is Should you? That answer is a resounding NO! I am often contacted by people who have exhausted their administrative remedies and needed someone to file the lawsuit. It pains me to say no, especially to someone who I truly believe is disabled. But where that individual fails to develop the record, often there is nothing that can be done to prove their disability once the case goes to trial. Remember, in ERISA disability claims, at the end of your appeal, the record is closed. Once the record is closed, you cannot introduce new evidence into the record. Therefore, the only evidence the court will see is what is in the claim file developed by the insurance company.
While you can do the appeal yourself, I would recommend that you don’t. Get a competent ERISA lawyer immediately upon receipt of the denial letter. Don’t wait until its time to file suit. By then, it may be too late.
