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HomeCan I File a Lawsuit Right Away If My Claim Is Denied?

Can I File a Lawsuit Right Away If My Claim Is Denied?

Generally no. ERISA requires plans include reasonable claims procedures, and include the opportunity to appeal a claim denial to a named fiduciary of the plan. You must exhaust all administrative claims procedures before filing a complaint in court. If you fail to exhaust these procedures, your case will almost certainly be dismissed for failure to do so. Only in rare circumstances will a court determine exhaustion was not required because, for example, it would have been futile.

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