Who Can Claim ERISA Benefits?
Generally, any insurance policy that is issued as a benefit of one's employment is covered by ERISA. This would include long-term disability, health and life insurance policies. If you have a claim under any such policies, you are probably limited to the very few rights available under ERISA.
Exceptions to ERISA
There are some exceptions to ERISA. Generally, the insurance policy must fall in one of five categories. It must be either:
- Issued to you as an employee of any governmental body. This can be any governmental body — local, county, city, state, or federal
- Issued to you by a religious organization
- Issued to you individually and not as part of your employment
- Issued to you as the owner of a business
- Issued to you by an employer where your participation is purely voluntary, you pay your own premiums and the employer has not endorsed the coverage
Unless your policy falls within one of these five general categories, your claim is, in all likelihood, controlled by ERISA.
At Pillsbury & Levinson, LLP, our attorneys represent clients whose ERISA long-term disability claims have been delayed, denied or undervalued. To discuss your long-term disability case with a member of our experienced legal team, please contact us today.
It is important to discuss your options with an ERISA lawyer as early in the process as possible. We can help you build a case file that will give your long-term disability claim a greater likelihood of being approved on appeal.
From offices in San Francisco's Transamerica pyramid, we represent clients throughout California.
