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How Do I Know if My LTD claim is Governed by ERISA?

Most group disability insurance policies that are provided as part of an employee benefit welfare plan fall under a federal statute called ERISA. There are two exceptions to ERISA governed claims: church or church-affiliated organizations, and government.

To know if ERISA applies to your claim, you need to look to your employer.

  • Is it a church-affiliated organization?
  • Is it a local, state, or federal entity?

If the answer is yes to either, then your claim is most likely ERISA exempt. This means that your claim is governed by your state law and not ERISA.

If your claim is ERISA exempt, and state law applies, the strict regulations of ERISA do not apply to your claim.

For example, under ERISA a claimant is required to exhaust all administrative appeals with the insurance company before filing a lawsuit. However, if your claim is ERISA exempt you may not have to file an appeal. Instead, you may be able to pursue legal action after the initial denial of your claim.

Whether your claim is governed by ERISA and what the requirements are under the terms of your policy are important things to know. The experienced attorneys at Dabdoub Law Firm can help guide you through and ensure your claim is properly handled.

Help from a Lawyer with Expertise in Disability Insurance

This law firm was built to be a disability insurance law firm.

That focus means:

  1. Experience with every major disability insurance company.
  2. A proven track record of success in major disability lawsuits.
  3. Recovered millions of dollars in disability benefits for our clients.

Because federal law applies to most disability insurance claims, our lawyers are able to represent clients across the country.

And, we never charge fees or costs unless our clients get paid.

The firm can help at any stage of your disability insurance claim, including:

  • Submitting your disability insurance claim,
  • Appealing a long-term disability denial,
  • Negotiating your lump-sum settlement, or
  • Filing a lawsuit against your disability insurance company.

Hiring an experienced disability attorney is important. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state.

Call us at (800) 969-0488 or contact us online to speak with an experienced disability attorney. Consultations are free.