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Articles Posted in futility doctrine

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Sixth Circuit Rules That Claimants Do Not Have To Appeal a Denial of ERISA Benefits If The Plan Does Not Discuss Internal Appeal Procedures

Most ERISA disability plans require claimants to file an administrative appeal of any denial of long-term disability benefits prior to filing a lawsuit. Under Sixth Circuit case law, if you fail to file an administrative appeal (also referred to as failing to exhaust administrative remedies), the court will likely dismiss…

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