The court has discretion to allow evidence that was not submitted in the
administrative claims process only if such evidence is required in order to make a proper determination. Otherwise, the court may not consider that evidence. That means you have to prepare your case as if you were going to trial, before you ever file the court action, or risk your evidence being disallowed. It means witness statements, expert witness opinions, and medical records evidence must be compiled within the short time frame within which the appeal of the denial has to be submitted – usually only a few months, under most plans. This obviously places an extraordinary burden on the claimant and his or her attorney...