Does the Commissioner of Health and Social Care waive the requirement that a claimant fully exhaust his administrative remedies?
MultiRegion, United States of America
The following excerpt is from Adelman v. Berryhill, No. 16-3365-cv (2nd Cir. 2018):
Accordingly, the Commissioner "may waive, or be said by a court to have waived," the requirement that a claimant fully exhaust his administrative remedies. Smith, 709 F.2d at 780. Relevant to the present circumstance, waiver "may be inferred where the plaintiffs' legal claims are collateral to their demand for benefits." Id.; accord Skubel v. Fuoroli, 113 F.3d 330, 334 (2d Cir. 1997).
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