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

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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.

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Published In: Administrative Agency Updates, Civil Procedure Updates, Civil Remedies Updates, Labor & Employment Updates

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.

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