Eleventh Circuit Refuses to Excuse Exhaustion
In McCay v. Drummond, 2013 WL 616923 (11th Cir. Feb. 20, 2013), the Eleventh Circuit held that deficiencies in a notice of denial of benefits did not excuse a participant’s failure to appeal within a...
View ArticleView From Proskauer: Clear the Confusion to Ensure ERISA Plan Exhaustion
Background The U.S. Court of Appeals for the Second Circuit recently joined the U.S. Courts of Appeals for the Seventh and Eleventh Circuits in concluding that Employee Retirement Income Security Act...
View ArticleERISA Participant’s Supplemental Submission Doesn’t Restart Exhaustion Clock
A federal district court in New Jersey held that supplemental documentation submitted by a participant in connection with the claims review process did not restart the clock for a claims administrator...
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