ERISA’s Outer Limits: The Admissibility of Extrinsic Evidence in Denied Claims for Plan Benefits
A significant conflict among the circuits exists as to whether extrinsic evidence (evidence that was not part of the administrative record) can be admitted into evidence when a claim denial for ERISA-regulated employee benefits is reviewed under the de novo standard. In some circuits, extrinsic evidence is usually allowed, in others sometimes allowed, and in still others, never allowed.
James P. Baker, Winston & Strawn, “Benefits Law Journal”
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