What is ERISA and how does it impact my case?

by Brandon Operana on Sep. 17, 2020

Government US Courts Lawsuit & Dispute  Lawsuit Employment  Employee Rights 

Summary: Brief history of the Employee Retirement Income Security Act

ERISA stands for the Employee Retirement Income Security Act of 1974.  It is a federal law that was enacted to set minimum standards for employer sponsored pension and health care plans.  The Act was designed to protect individuals’ retirement and income rights.  Most Long-Term Disability policies are governed by ERISA law.  Typically, group policies provided by employers qualify under ERISA while individual policies are governed under State Laws.  


ERISA gives individuals many protections that did not once exist.  Because of ERISA, insurance companies must now provide the plan participant with plan information, important facts about the policy, the standards of reviewing your claim, etc.  ERISA also sets rules for the insurance administrators’ fiduciary duties.  In other words, ERISA requires that the insurance company deciding your claim do so promptly, neutrally, and properly.  

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

Now Chatting...