How do I know if my claim falls under the Employee Retirement Income Security Act of 1974 (“ERISA”)?
Not all group disability insurance policies are governed by ERISA. Typically, policies obtained through an employer fall under ERISA, but there are exceptions. For instance, if you work for a government or religious entity your claim may be exempt from ERISA. Even if your policy is not governed by ERISA, your insurance carrier will often assert that it is governed by ERISA in its correspondences. Thus, you cannot rely on your insurance carrier alone to provide the necessary information. However, it is highly recommended that you consult with a professional versed in ERISA law before determining that your claim does not fall under ERISA. This is because failing to abide by ERISA deadlines could result in either limiting your ability to provide additional information to prove your claim or restricting your ability to sustain a lawsuit if you fail to submit a timely appeal. Moreover, many ERISA exempt policies contain similar guidelines and deadlines as provided by ERISA and its regulatio
