If I am seeking ERISA-related benefits, when should I seek legal advice?
Posted on 06. Jan, 2010 by chad in FAQs
Of course, from the onset of the claim would be best but early representation is not always necessary. However, it is most important for representation to be secured as soon as benefits have been denied. This is because the legal evidence in the case will be accumulated during the administrative appeal of the benefit denial not during the lawsuit which might follow. The only evidence the Judge will in rendering a decision on the lawsuit is that which was before the benefits decision maker at the time the benefit denial was rendered. So, if you hire an attorney after that point in time, your attorney will have no input on the evidence the Judge will review. This is a result which will almost preclude a favorable outcome on your case.