You are not required to have an attorney assist you with your ERISA appeal, but it is generally a good idea. An experienced ERISA lawyer will know: (i) what information you need to submit to the plan or insurer; (ii) the right arguments to make; and (iii) how to spot the issues with your claim or the fiduciary’s handling of it. An experienced ERISA attorney cannot guarantee your appeal will be successful, but he or she can put you in the best position to prevail on your appeal. Moreover (and more importantly), if your ERISA appeal is denied, and you file a lawsuit in court, the Court may not allow you add additional documents or facts to the record created during the appeal when you go to court. Instead, the court may limit its review of the case to the facts contained in the claim file record (often inaccurately described as the “administrative record”). Thus, the appeal stage is your best and the most important opportunity to demonstrate the facts the support your claim.