Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue exhaustion as a prerequisite to judicial review is often hard to predict.
The U.S. Supreme Court's April decision in Carr v. Saul - which held that applicants for disability benefits could raise certain challenges to the denial of their applications for the first time in court - helps clarify when the doctrine of administrative issue exhaustion applies.
Originally published in Law360 - October 20, 2021.
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