United States Eleventh Circuit

The failure to exhaust administrative remedies that an ERISA plan provides, for challenging denial of a benefits claim, should not apply where that failure is the result of language in the plan description that could reasonably be interpreted as meaning that claimant could go straight to court with her claim.

Appellate Information

• Decided 01/03/2003
• Published 01/22/2003

Judges

• CARNES, Circuit Judge:, Before CARNES, HULL and ALARCON , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kenneth Lee Cleveland, Cleveland & Cleveland, Birmingham, AL, for Plaintiff-Appellant.


• For Appellees:
  
• James R. Glenister, BellSouth Corporation, Atlanta, GA, for Defendant-Appellee.