Tag Archives: exhaust

The Futility Exception to the ERISA Requirement that Claimants Must Exhaust Their Administrative Remedies in Order to be Able to File a Lawsuit

If you have an ERISA long-term disability claim, you cannot file a lawsuit challenging an insurer’s denial of benefits until you have exhausted your administrative remedies.  So, even if the insurer, or plan administrator, denied your claim for long-term disability … Continue reading

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Failure to exhaust the available administrative remedy to challenge a determination held a fatal defect in seeking judicial relief

Failure to exhaust the available administrative remedy to challenge a determination held a fatal defect in seeking judicial reliefMatter of Connor v Town of Niskayuna, 2011 NY Slip Op 01556, Appellate Division, Third Department A number of police officers submitted … Continue reading

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Failure to exhaust administrative remedy bars appeal to the courts

Failure to exhaust administrative remedy bars appeal to the courtsMatter of Sands v City of Rochester, 38 A.D.3d 1174 Sands filed an application for medical and disability benefits. When his application was rejected, Sands filed an administrative appeal from that … Continue reading

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