Citation Codes Equivalent Citations citation codes Docket Number Case No. 1:04CV000109. Motions Motion to dismiss : Denied Attorney(S) J.D. Morefield, Morefield Largen, P.L.C., Abingdon, Virginia, for Plaintiff. W. Bradford Stallard, Penn, Stuart Eskridge, Abingdon, Virginia, for Defendant. Judges James Parker Jones Acts Labor — General Provisions — Employee Retirement Income Security Program — Protection Of Employee Benefit Rights — Congressional Findings And Declaration Of Policy See more information ... Smart Summary Please sign up to generate summary. ALICE JANE JESSEE, Plaintiff, v. HORACE MANN LIFE INSURANCE COMPANY, Defendant. OPINION AND ORDER JAMES JONES, District Judge The defendant has moved to dismiss this ERISA case on the ground that the plaintiff has not exhausted her administrative remedies. In her Complaint, the plaintiff alleges that she "has repeatedly requested administrative review of the amount of her monthly benefits." (Compl. ¶ 10.) She also contends that she "has made repeated requests to the defendant to reinstate her benefits, but the defendant has failed to respond to any of [her] inquiries." ( Id. ¶ 16.) Title I of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001- 1144 (West 1999 Supp. 2004). In considering a motion to dismiss made pursuant to Federal Rule of Civil Procedure 12(b)(6), I must accept as true all well-pleaded allegations. While failure to exhaust administrative remedies available under an ERISA plan may be an affirmative defense to a claim for benefits under the plan, I cannot determine that defense on the present motion to dismiss. See Conley v. Gibson, 355 U.S. 41, 45-46 (1957). See Bourgeois v. Pension Plan for the Employees of Santa Fe Int'l Corps., 215 F.3d 475, 479 (5th Cir. 2000). The Complaint sets forth a valid cause of action for benefits under ERISA and accordingly, it is ORDERED that the Motion to Dismiss is DENIED.