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District Court Finds ERISA Plan Does Not Require Exhaustion of Administrative Remedies as Prerequisite to Filing Suit
Roberts Disability Law 
Apr. 24, 2023 "The Court noted that ERISA itself does not require a participant or beneficiary to exhaust administrative remedies in order to bring an action under Section 502 of ERISA ... Instead, ERISA mandates an opportunity for administrative review ... and the Ninth Circuit has treated completion of this administrative review as a 'prudential exhaustion' requirement." [Jackson v. The Guardian Life Insurance Company of America, No. 22-3142 (N.D. Cal. Apr. 13, 2023)] |
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