Disability Claimant Failed To Exhaust Administrative Remedies, 6th Circuit Says

CINCINNATI - A claim alleging that a disability insurer violated the Employee Retirement Income Security Act when it offset a plan participant's disability benefits was properly dismissed because the claim arose under the disability plan and the claimant was required to administratively exhaust the plan's remedies or plead futility, neither of which the claimant did, the Sixth Circuit U.S. Court of Appeals said Jan. 23 (Oliver H. Barber III, et al. v. Lincoln National Life Insurance Co., No. 17-5588, 6th Cir., 2018 U.S. App. LEXIS 1560).

Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 13, 2018 Category: Medical Law Source Type: news