Archive for the ‘Exhaustion of Remedies’ Category

Exhaustion Of Administrative Remedies Not Required When Claimant Reasonably Relied On Administrator’s Statement That He Was Not Required To Exhaust His Remedies Before Filing A Lawsuit

Keller v. Albertsons, Inc. Employees’ Disability Benefits Plan, 589 F. Supp. 2d 1205 (C.D. Cal. 2008) Initially approving plaintiff’s claim for LTD benefits under the “own occupation” definition of disability, after two years, plaintiff’s claim was reviewed under the “any occupation” standard, and his claim for benefits was terminated. In a letter sent to the […]

Claimant Was Not Required to Exhaust Issues on Appeal

Vaught v. Scottsdale Healthcare Corp. Health Plan, 546 F.3d 620 (9th Cir. 2008). On appeal from the District Court of Arizona, the Ninth Circuit considered whether the claimant in an ERISA case exhausted his administrative remedies when the claim administrator rejected, as deficient, his first attempt to appeal the claim decision.  The Court also examined […]

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