Documents not submitted during the administrative review are not part of the adminstrative record
In Kearney v. Aetna Life Insurance Company, Civil Action No. 13-548-SDD-RLB (M.D. La. Apr. 22, 2014) Aetna provided what it claims was the complete administrative record to the Plaintiff. Plaintiff responded by filing a motion and attaching to the administrative record medical records it claims should be part of the administrative record. Aetna's appeal personnel attached an affidavit to Aetna's response in opposition to Plaintiff's motion to supplement the administrative record. In the affidavit the affiant avers that Plaintiff had not submitted the contested medical records during the administrative review process and thus the records were not part of the administrative record.
The Court sided with Aetna holding there was no evidence that Plaintiff had provided the records to Aetna during the administrative review process thus the records were not part of the administrative record and could not be considered during litigation.