ADMINISTRATIVE EXHAUSTION If you see the words “administrative exhaustion” or “you have exhausted your administrative remedies” at the end of a letter from a disability insurance company you may wonder what this means. Disability insurance polices governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) require that a disability insurance claimant seeking to bring a lawsuit under the ERISA statute complete all necessary appeals with the ERISA administrator before filing suit. ERISA governs employee benefit plan litigation, meaning benefits workers obtain as a result of working for an employer, with exceptions for most government and church plan employees.
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