What is the test for exhaustion in the context of an application for a disability benefits program?
MultiRegion, United States of America
The following excerpt is from H.B. ex rel. B.B. v. Byram Hills Cent. Sch. Dist., No. 15-2579 (2nd Cir. 2016):
programs." Id. at 490; see also Heldman v. Sobol, 962 F.2d 148, 159 (2d Cir. 1992) (observing that the exhaustion requirement "prevents courts from undermining the administrative process and permits an agency to bring its expertise to bear on a problem as well as to correct its own mistakes"). Appellants "bear the burden of proof that exhaustion would be futile." J.S., 386 F.3d at 112.
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