ERISA gives coverage to the long term disability plans offered by private employers. However, if a state-owned institution or church offers you a long-term disability benefit, it will not be covered by ERISA. Also, you can have your long term disability denied.

Therefore, it is better to understand all the conditions of the disability coverage your employer offers you. For this, you should take assistance from an experienced attorney to understand if your long term disability benefit is covered by ERISA or not.

We specialize in Employee Retirement income Security Act (ERISA Law), Bad Faith Insurance, Personal Injury and more in Las Vegas.

Different Kinds of Disability Cover

Disability coverage is offered to both private and government employees. In addition to this, a person can also get it individually. Some states require companies to give disability assistance to their workers. However, the company providing the insurance decides if the disabled person is covered by ERISA.

You can file for a disability claim if you are injured or physically disable. However, your boss or the insurance company can deny your claim. Therefore, it is vital to understand if ERISA manages the disability claim because ERISA gives the right to plea a claim rejection and launch a claim to compel coverage.

It is an insurance policy that shields workers from income loss when they are incapable of working due to sickness or accident for a long period. The benefits offered by a potential employer is one of the main considerations you make before deciding on the job opportunity you are offered with. Long term disability coverage is one of the benefits that employers use to attract and retain talented employees.

You can also apply for long term disability coverage, but for this, you have to provide the authorities with proof that supports your claim. However, if it is approved, you can benefit from long term disability coverage until your retirement age. The benefits of long term disability coverage are more expensive, which is the reason why such claims do not get approval easily.

  • You can apply for long term disability coverage if you are disabled and cannot work for any less than twelve months due to injury or any other medical conditions.
  • On the other hand, you are ineligible for long term disability coverage if you are capable of working a part-time job.


Remember, the term disability is defined differently in different plans.

Questions about Long Term Disability?

Call our Las Vegas Long Term Disability Lawyer Today at 
702.387.5868

Some employees try to find their own disability coverage, even if their company does not give any kind of disability policy. In this case, disability insurance will not be covered by ERISA if the plan partaker pays the premiums.

Different Kinds of Disability Cover

You may get different types of health and retirement benefits from the company you work in, but do you know what type of disability they cover?

You never know when such issues arise and you are unable to work for days or months. In such circumstances, what else can be more relieving for you than to receive insurance that covers your long term disability ERISA coverage?

If you obtain disability insurance, federal laws shield your rights of searching for disability advantages and give you legal solutions if you reject coverage. This article is useful for you if you want to understand what is meant by long term disability and does ERISA provide long term disability cover?

  • Disability cover by a state-owned company

Long Term Disability Insurance 

ERISA means the Employee Retirement Income Security Act of the United States. It was passed in 1974 for the protection of employees with private health and retirement fund related plans.

ERISA covers both private long-term and short-term disability insurance by the company. It legalizes company disability plans encompassing the processing of disability gain claims, the timeline for claim processing, and employees' rights if their claim is rejected.

If your employer provides you with a disability benefit plan coverage, you must get a leaflet that details out the beneficial aspects in a synopsis plan narrative, which tells you how the plan functions and what advantages does it offer.

The very next question that pops about long term disability ERISA is;

If you have your long term disability denied, you will have to file an appeal within 180 days after receiving the denial. You will typically get a response within 30 to 60 days.

It is a difficult process, especially if you are subject to financial loss in addition to disability. Therefore, you must get help from disability attorney if you wish to win the case and avoid any mistakes that can lead you to re-application. 

Is Long Term Disability Covered Under ERISA?

Following plans and policies are not covered by long term disability ERISA:

The workers doing jobs in the hospitals and universities owned by the church are usually exempted from ERISA.


If you have purchased any private disability policy individually, then it will not be covered by ERISA.


Normally, employees working in state-owned schools and universities, for instance, Purdue University and more, are also exempted.


All plans offered by the church or state employers to their employees are also not covered by ERISA. 

  • Disability Insurance offered by a company

What disability claims are not covered by ERISA?

Before answering whether the long term disability is covered under ERISA or not, it is important to give you some knowledge about ERISA. 

The majority of non-state companies (that offer short term or long term disability coverage to their workers) come under ERISA. Therefore, ERISA usually covers a disability insurance policy of a group if the plan is supported by the company, recognized by the company of employer or worker, for the intention of offering disability advantages to plan partakers.

However, if your company does not contribute to your disability policy and the contribution is entirely voluntary, ERISA will not cover it. You should contact human resource management to make sure if your disability program is covered by ERISA or not. You may also get assistance on this matter from an experience disability legal representative to confirm if ERISA covers your disability claim or not.

  • Coverage by non-state employer

attorney at law

Is Long Term disability covered under ERISA?

ERISA

law office of

JULie A. Mersch, Esq.

If your LTD benefit is from a state-owned company or institution, or church, then it may not be covered by ERISA. If you are working as a part-time employee or have a contract with a state-owned company, then you need to communicate with your employer to confirm if ERISA covers your disability benefit or not.