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.