Swanson v. Hearst Corporation Long Term Disability Plan

In Swanson v. Hearst Corporation Long Term Disability Plan, 586 F.3d 1016 (November 3, 2009), the Fifth Circuit upheld the ERISA Plan’s failure to exhaust administrative remedies affirmative defense when the claimant failed to timely submit evidence on her appeal, finding a letter sent within the appeal period advising the Plan of the intention to appeal was insufficient to constitute an appeal.