Is the Plan Governed by ERISA

Whether or not a Long Term Disability Plan is governed by ERISA is a very important legal consideration with regard to litigating LTD claims.  There are many potentially outcome determinative legal consequences that flow from this question:  Is the plan governed by ERISA?  The type of judicial review, the right to full discovery, the right to a trial by jury, are just a few important distinctions between an ERISA and non-ERISA Plan.  Although most LTD claims that I see are governed by ERISA, it is not safe to assume that your plan is controlled by ERISA.  In addition, it is not always clear from the policy.  It may be crucial to obtain proper legal advice to determine if ERISA governs your LTD plan.


About tngainjurylawyer
Serious Injury Lawyer in Tennessee and Georgia.

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