What is ERISA?
My application for benefits under a long-term disability policy have been denied. The denial letter mentions "ERISA." What is that?
"ERISA" refers to the Employee's Retirement and Income Security Act of 1974, a federal law that impacts the rights of employers and employees in matters concerning in a wide variety of matters, including rights under certain disability insurance plans. If ERISA applies to your disability insurance plan, your legal rights under the policy will be determined after review of the policy terms under federal law, not state law.
IF ERISA applies to your policy your legal rights are dramatically affected. However, just because the insurance company says that your policy is governed under ERISA does not necessarily mean that is so. Whether ERISA applies will depend on numerous factors.
An experienced long-term disability insurance lawyer can help you determine whether ERISA applies to your insurance policy.
