How Do I Know If I Have An ERISA Plan?

If you receive disability coverage through your employer, you may be wondering: How do I know if I have an ERISA plan?

The Employee Retirement Income Security Act (ERISA) is a federal law that sets standards for most employer-sponsored benefit plans, including Long Term Disability (LTD), health insurance, and retirement plans.

Knowing whether your plan is ERISA-covered is more than just a technical detail—it directly impacts how your claim is handled, the deadlines you must meet, and your options for appealing a denial. For individuals filing for Long Term Disability benefits, these rules can mean the difference between approval and losing the financial support you need.

This is where a Long Term Disability attorney can be especially helpful. An experienced LTD lawyer can review your plan, confirm if it is ERISA-governed, and guide you through the claims or appeals process while protecting your rights.

What Qualifies as an ERISA Plan?

ERISA was designed to protect employees who receive benefits through their jobs. Most employer-sponsored benefit plans fall under ERISA, including:

Group Long Term Disability insurance
Employer-provided health insurance
Retirement and pension plans

Non-ERISA plans typically include:

Individual insurance policies purchased directly by you (not through an employer)
Government employee benefit plans
Church-sponsored benefit plans

Why does this matter? If your plan is ERISA-covered, it will follow a very specific set of federal rules for claims, denials, and appeals. A disability attorney can help you interpret these rules and ensure your claim is handled correctly.

How Do I Know If My Plan Is Covered by ERISA?

The simplest way to determine whether your plan is ERISA-covered is by reviewing your plan documents. If your plan is covered by ERISA, you should find:

The Summary Plan Description (SPD): This document often explicitly states whether the plan is subject to ERISA.
Employer-provided materials: Employee handbooks, benefits guides, or HR portals may include ERISA references.
Your policy documents: Look for language such as “ERISA governs this plan” or “This plan is subject to federal law.”

If you cannot find clear information, a Long Term Disability attorney can review your documents and determine if your plan qualifies.

Common Signs Your Long Term Disability Plan Is ERISA-Covered

Many LTD plans share common characteristics that indicate ERISA coverage, such as:

Your employer offers the plan as part of a group benefits package.
The documents include detailed claims and appeals procedures, often with a 180-day deadline to appeal a denial.
The plan refers to federal law or includes ERISA-specific provisions.

If your Long Term Disability coverage came through your employer and includes these elements, it is very likely an ERISA-covered insurance plan.

Why ERISA Status Matters for Your Disability Claim

Understanding whether your plan is ERISA-governed is critical for one main reason: it changes how your claim must be handled.

Key differences include:

Strict deadlines: You may only have 180 days to appeal a denial.
Evidence limits: Once your insurer issues a final denial, you may not be able to add new evidence in court.
Federal jurisdiction: Most ERISA claims are handled in federal court, requiring careful preparation and compliance.

These rules make ERISA claims complex, which is why working with an experienced LTD attorney is so essential. Your lawyer can ensure all deadlines are met, gather strong medical and vocational evidence, and build the best possible case for your benefits.

What To Do If You Are Unsure

If you are unsure whether your plan is ERISA-covered:

Ask your HR department or plan administrator for clarification.
Review your plan documents for ERISA references.
Consult a Long Term Disability attorney who can quickly determine your plan’s status and explain your rights.

Attorneys who focus on Long Term Disability cases can handle your claim or appeal from start to finish, ensuring you do not miss key steps or deadlines.

FAQ: Quick Answers About ERISA Plans

Do I have an ERISA plan if I purchased my policy myself?

Usually not. ERISA typically applies to employer-sponsored plans, not individual policies you buy directly.

Does ERISA apply to government or church plans?

Generally, no. Most government and church benefit plans are exempt from ERISA rules.

Why should I work with an LTD attorney for an ERISA claim?

ERISA claims involve strict timelines, limited evidence rules, and federal jurisdiction. A lawyer can help you navigate these challenges and improve your chances of approval.

Get Help Understanding Your ERISA Disability Plan

If you are wondering, “How do I know if I have an ERISA plan?” you do not have to figure it out on your own. At Herbert M. Hill, P.A., we focus on Long Term Disability claims and can review your policy, explain whether ERISA applies, and help you move forward with your claim or appeal.