Barboza

David Barboza appeals from the district court’s summary judgment in favor of the California Association of Professional Firefighters, that Association’s Long-Term Disability Plan, and the California Administration of Insurance Services, Inc. (collectively the Plan). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

I.

In March 2008, Barboza filed an action against the Plan for refusing to pay certain long-term disability benefits. Although the parties ultimately agreed that Barboza is entitled to an award of benefits, they still dispute whether the Plan was permitted to offset that award based on certain payments that Barboza received, or at least could have received, pursuant to state law. Without reaching this issue, the district court, upon a motion for summary judgment, dismissed Barboza’s claims without prejudice due to his failure to exhaust available administrative remedies under the Plan. Whether the district court erred in doing so is the subject of this appeal.

In addressing that alleged error, we are unconcerned with, whether Barboza did in fact pursue all of the administrative remedies available to him;…