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Are Unum Disability Claims Covered by ERISA?

If you’ve filed a disability claim with Unum and are wondering whether it’s covered by ERISA (the Employee Retirement Income Security Act of 1974), you’re asking an important question. Whether or not your claim falls under ERISA will impact your rights, the legal process, and your chances of successfully appealing a denial.

Because Unum is one of the largest disability insurers in the United States, many of its policies are governed by ERISA. But not all are—and understanding this distinction can make a major difference if your claim has been denied or mishandled.

DarrasLaw explains how ERISA applies to Unum claims, the key differences between ERISA and non-ERISA policies, and what to do if you need to challenge Unum’s decision.

What Is ERISA and Why It Matters

ERISA is a federal law that sets minimum standards for most employer-sponsored benefit plans, including long-term and short-term disability insurance. If your disability coverage through Unum is provided as part of a group plan from your employer, it is very likely governed by ERISA.
ERISA gives claimants certain rights, such as:

The right to a full and fair review of a denied claim
The right to receive plan documents and your claim file upon request
Specific deadlines and procedures that insurers must follow during claims and appeals

However, ERISA also imposes limits that can make it harder to fight denials—for example, you typically cannot present new evidence after the internal appeal stage, and jury trials are not allowed.

When Unum Policies Are Not Covered by ERISA

Not every Unum disability claim is governed by ERISA. Your claim is likely not covered by ERISA if:

You bought an individual disability insurance policy directly from Unum, not through an employer
You are self-employed or an independent contractor
You work for a church, religious organization, or government agency (these employers are usually exempt from ERISA)

These non-ERISA policies are governed by state insurance and contract law instead of federal ERISA law. That often means you may have more legal options, including the right to bring a claim in state court, conduct discovery, and request a jury trial.

How to Tell If Your Unum Claim Is ERISA-Governed

If you aren’t sure whether your Unum claim is covered by ERISA, start with these steps:

Check how you obtained your policy. Was it through your employer or did you buy it on your own?
Review your policy documents. ERISA plans typically include language stating that they are “subject to ERISA” or “governed by federal law.”
Ask your HR department or plan administrator. They are required to provide you with plan documents and a “Summary Plan Description” upon request.
Request your claim file from Unum. If the process follows strict appeal deadlines and internal review steps, that’s another sign ERISA applies.

If you still aren’t sure, an attorney experienced in Unum and ERISA claims can quickly determine which rules apply to your situation.

Why It Matters If ERISA Applies

Knowing whether your Unum claim is covered by ERISA is critical because:

ERISA appeals have strict deadlines (usually 180 days from the denial)
All evidence must be submitted during the internal appeal—you typically cannot add new medical records or testimony later
The court review is limited—judges often defer to the insurer’s decision unless it was clearly unreasonable

Missing these procedural rules can destroy your case before it ever reaches court. By contrast, if your claim is not under ERISA, you often have broader rights, more flexible deadlines, and the ability to build your case through discovery and testimony.

When to Talk to a Disability Insurance Attorney

Whether or not your Unum claim is governed by ERISA, you don’t have to face the process alone. An attorney can review your policy, identify whether ERISA applies, and build a strong appeal or lawsuit if your claim was denied. Because ERISA cases are highly technical and procedural, having a lawyer who knows how to navigate Unum’s tactics can be the difference between winning and losing benefits.

Most Unum disability claims provided through employers are covered by ERISA, while individual policies usually are not. Confirming which type you have is essential, because it changes how your case must be handled and what legal rights you have if Unum denies your claim.

If you’re unsure, don’t wait—speak with an experienced disability insurance attorney as soon as possible to protect your benefits and your financial future.