How do I know if my disability policy is subject to ERISA?
If your disability policy was offered to you by your employer as an employee benefit, then it is likely that the claim will be governed by ERISA. However, there are exceptions which again get into another complicated area. All disability policies issued to state and government employees are not governed by ERISA.
One of the first things we do with every single disability claim is we try to figure out a way to make the claim exempt from ERISA because we don’t want our clients to be subject to the ERISA regulations.