What Constitutes an Appeal? Not a Mere Request for Records.

more+
less-

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 new case on the issue: Reindl v. Hartford Life and Accident Insurance Co.,[PDF] __ F.Supp. 2d __ (E. D. Missouri March 21, 2012) (Claimant’s letter to Plan with the following language did not constitute an appeal: “We will be reviewing the records and obtaining additional medical information for my client’s appeal of the decision to terminate her Long Term Disability.”)

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC - ERISA Law Blog | Attorney Advertising

Written by:

more+
less-

Lane Powell PC - ERISA Law Blog on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×