More than seven years later, in December 2010, DeMoss instituted this action in district court asking the court to award him LTD benefits based on physical disability or, in the alternative, to remand for further evidentiary hearings.
After receiving notice of the May 2002 decision, DeMoss s then attorney requested administrative review of the decision, but Matrix never responded. Benefits for mental-health disabilities are substantially less than benefits for physical disabilities. Background On May 10, 2002, Matrix found DeMoss eligible for long-term disability (LTD) benefits under the Plan for disability based on a mental, emotional, or nervous illness, but denied LTD benefits due to diabetes complications, cardiac neuropathy, and eye problems. Because DeMoss failed to request a review of Matrix s benefit-denial decision or to provide Matrix with additional and/or updated medical evidence during the court-ordered 120-day remand period, we agree that he failed to exhaust his remedies and affirm. district court held that DeMoss had failed to exhaust his administrative remedies and that no exception to the exhaustion requirement applied. It may be cited, however, for its persuasive value consistent with Fed. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The case is therefore ordered submitted without oral argument. In its order granting summary judgment for Matrix, the * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. DeMoss appeals from an order of the district court granting summary judgment to defendant Matrix Absence Management, Inc., (Matrix) on his claim for benefits under the long-term disability group insurance policy funded by his employer, LSI Logic Corporation (the Plan), and administered by Matrix. ORDER AND JUDGMENT * Before BRISCOE, Chief Judge, EBEL, and O BRIEN, Circuit Judges. MATRIX ABSENCE MANAGEMENT, INC., Defendant-Appellee. Shumaker FOR THE TENTH CIRCUIT Clerk of Court ROBERT A. FILED United States Court of Appeals Tenth Circuit AugUNITED STATES COURT OF APPEALS Elisabeth A.
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