Hallstead
Hallstead v. Liberty Life Assurance Co.
Opinion
lead Opinion
MEMORANDUM **
Carleen Hallstead appeals the district court’s grant of summary judgment in favor of defendant Liberty Life Assurance Company of Boston (“Liberty Life”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.
“Federal courts have authority to require plan participants to exhaust available administrative remedies before bringing an action under ERISA, and as a matter of sound policy they should usually do so.” Smith v. Ret Fund Trust of Plumbing, Heating and, Piping Indus, of S. Cal., 857 F.2d 587, 591 (9th Cir.1988) (internal quotation marks omitted). The district court erred in concluding that, based on the undisputed record, Ms. Hallstead failed to exhaust her administrative remedies.
On October 19, 2004, Liberty Life sent Ms. Hallstead a letter terminating her disability benefits. The letter stated that, if Ms. Hallstead wished to appeal, within 180 days she must request review and state the reasons why she felt her claim should not have been denied. On December 10, 2004, after Ms. Hallstead provided Liberty Life with written notification that she intended to appeal, Liberty Life responded: “We have received your request for a review of the recent…