Administrative Remedies

You already know that claimants with a denied claim must submit an appeal and exhaust administrative remedies before filing suit.

But are phone calls sufficient to trigger the appeal process?

And, can a claimant trump the exhaustion requirement by alleging the denial was in “bad faith” and, therefore was a “special circumstance?”

Here’s the case

An update on ERISA Life, Health, Disability matters from BOOM: The ERISA blog

We all know that ERISA disability claimants must exhaust administrative remedies before bringing a suit.  Exhausting administrative remedies typically includes seeking an internal appeal.

But…what is required in the claimant’s letter to the Plan to constitute an “appeal”?

Here’s a